General terms and conditions
On this page, you will find our general terms and conditions. Do you have any questions or comments about this? Feel free to contact us.
Table of Contents
- Article 1: Scope
- Article 2: Offers and Orders
- Article 3: Prices
- Article 4: Delivery Times and Cooperation in Contract Execution
- Article 5: Quantities, Conformity, and Defects
- Article 6: Payments
- Article 7: Bankruptcy and Suspension of Payment
- Article 8: Reservation of Ownership
- Article 9: Liability – Indemnification
- Article 10: Liability towards Third Parties – Indemnification
- Article 11: Impediment in Contract Execution
- Article 12: Right of Retention
- Article 13: Joint and Several Liability
- Article 14: Industrial and Intellectual Property
- Article 15: Maintenance – Provision of Services
- Article 16: Applicable Law – Disputes
- These terms and conditions apply to all our offers, agreements, and all resulting obligations.
- Deviations from these terms and conditions can only be made in writing and apply only to the specific agreement to which the deviations relate.
2: Offers and Orders
- The offers from HearingCoach International must always be considered as a whole and are valid for 30 days, unless a shorter or longer period is specified in the offer. The offers from HearingCoach International can be revoked by them within two working days after receiving the acceptance from the counterparty. Unless otherwise stated on the order form or invoice, the execution of the concluded agreement always takes place under the general sales conditions of HearingCoach, stated on the order form and/or invoices, to the exclusion of the counterparty’s own sales conditions, even if these are communicated in advance or afterwards.
- If HearingCoach International has shown or provided a model, drawing, sample, or example in the offer or during negotiations, this does not bind HearingCoach International regarding the conformity or form of the goods to be delivered. The quality or form may deviate from this, unless otherwise agreed.
- In the case of a direct order without a prior offer from HearingCoach International, the agreement is only concluded after written confirmation within fourteen days by HearingCoach International. Commencement of execution serves as confirmation unless expressly reserved.
- Orders taken by a representative, appointed person, or employee of HearingCoach International are only valid after written confirmation within fourteen days by a person authorized to bind HearingCoach International. Commencement of execution serves as confirmation unless expressly reserved.
- All mentioned prices are exclusive of VAT.
- All mentioned prices are exclusive of delivery costs, transportation costs, and insurance costs, unless otherwise agreed upon.
- The price is generally the one in existence at the time of the conclusion of the agreement. However, HearingCoach International reserves the right to adjust prices even after the agreement has been concluded in case of an increase in price-determining factors, even if this increase was foreseeable, unless otherwise agreed upon. If in such a case, the total price is adjusted by more than 10%, the buyer is entitled to terminate the agreement. If the aforementioned price increase applies only to a clearly distinct part of the agreement, termination can only occur for that part.
4: Delivery terms and cooperation in the execution of the agreement
- The delivery terms are provided only as information and are therefore not binding unless expressly agreed upon between the parties. Delay in execution can therefore never lead to a penalty, compensation, or termination of the agreement unless expressly agreed upon between the parties. HearingCoach International may deliver an order in phases if the order can be invoiced in different parts.
- The buyer must provide cooperation to HearingCoach International in the execution of its obligations arising from the concluded agreement. This cooperation is deemed not to be granted if the goods or services offered to the buyer cannot be delivered on the agreed-upon date and time. In that case, the buyer is automatically in default and owes a penalty of 10% of the agreed price. All further costs arising from the lack of cooperation are borne by the buyer, without prejudice to all other rights of HearingCoach International arising from this deficiency.
5: Quantities, conformity, and defects
- The verification of the delivered quantities lies with the buyer. If the buyer does not provide any written objections to HearingCoach International within 24 hours of receipt, the delivered quantities are considered to correspond to those indicated on the waybills, delivery notes, invoices, or similar documents.
- The buyer is obligated to inspect the conformity of the delivered goods. If the buyer does not provide any written objections to HearingCoach International within 3 days of receipt, the delivered goods are deemed to be in conformity with what was agreed upon, without prejudice to the provisions of Article 2.2 of these general terms and conditions.
- In case of defects, the buyer is required to notify HearingCoach International in writing within 3 days following the moment at which any defects could reasonably have been detected. In cases covered by 5.1. to 5.3., the buyer must always provide all possible pieces of evidence. Without such evidence, the remarks or complaints will be deemed unfounded.
- The payment term is always a maximum of 30 days after the invoice date, unless otherwise agreed upon. Offsetting by the counterparty is not allowed unless HearingCoach International has unconditionally acknowledged the counterclaim as valid.
- If no payment has been received from the counterparty within the agreed payment term, interest is automatically due on the outstanding amount without prior notice, at a rate of at least 12% per annum or a rate equal to the rate determined in Article 5 of the law of August 2, 2002, regarding combating late payment in commercial transactions, if this rate is higher than the initially mentioned rate. The interest thus due serves as financial compensation for the incurred loss of interest.
- In case the counterparty fails to pay within the payment term specified in Article 6.1., they shall be obliged to compensate for all costs of extrajudicial collection, including but not limited to the costs of reminders and all other direct and indirect collection costs. In any case, the amount to which the counterparty shall be liable for extrajudicial collection costs shall not be lower than 125.00 Euros. If HearingCoach International is required to proceed with judicial collection, the counterparty shall be obliged to compensate for all costs that HearingCoach International needs to incur within the framework of the legal proceedings, including all legal fees and honoraria to be paid by HearingCoach International. However, if contracting with a private individual, HearingCoach International shall only be entitled to the legally provided compensations in this latter case.
- Payments must be made without any reduction, preferably to the bank account specified by HearingCoach International. They can also take place during office hours at the headquarters of HearingCoach International or in another manner indicated by HearingCoach International.
- The payments made by the counterparty are used in the order determined hereinafter to settle all due interests, costs, fines, and principal sums.
- HearingCoach International has the right at all times to request security from the buyer. This security must be such that its claim and any associated interests and costs are properly covered, and that HearingCoach International can realize it without hindrance or difficulty. If security is refused, HearingCoach International is entitled to suspend the (further) performance of its obligations towards the buyer.
- In the event of untimely payment of any invoice within the term mentioned in Article 6.1., all invoices not yet due shall become fully and immediately due and payable, and any granted discounts shall be forfeited, contrary to Article 6.1.
7: Bankruptcy and suspension of payment
- If the buyer does not, not properly, or not timely fulfill any obligations arising from the agreement on their part, as well as in the event of bankruptcy, suspension of payment, placing under guardianship, cessation, or liquidation of the buyer’s business, they shall be deemed to be in default by operation of law. In such cases, HearingCoach International is entitled, without any obligation to pay damages, without prejudice to its further rights, and without the need for a formal notice of default or judicial intervention, to wholly or partially dissolve the agreement or declare it dissolved, or to suspend the (further) execution of the agreement, without prejudice to the application of the provisions of Article 6.7.
8: Retention of title
- All goods delivered by HearingCoach International remain its property until the buyer has fully paid the principal sum, costs, interests, and any fines, even if these goods are already on the buyer’s premises or premises.
- As long as full payment has not taken place and the buyer is in default or HearingCoach International has good reason to fear that the buyer will default, HearingCoach International can, without prior notice of default, immediately reclaim the delivered goods. The buyer grants HearingCoach International the authority to enter its premises and buildings for this purpose. In such cases, HearingCoach International reserves the right to consider the agreement unilaterally terminated without judicial intervention, without prejudice to its right to claim compensation for costs, damages, and interests.
9: Liability – indemnification
- In case of attributable, untimely, incomplete, or defective delivery or performance by HearingCoach International, HearingCoach International fully fulfills the obligation to compensate for the damage by either delivering, repairing, or improving what was purchased or ordered by the buyer, as chosen by HearingCoach International, without prejudice to the provisions of Article 5. If new delivery or performance is no longer possible in such cases, HearingCoach International will take back the goods already delivered against a refund of the purchase price. However, HearingCoach International is never liable for technically unavoidable or minor deviations in quality.
- The liability of HearingCoach International is expressly limited to what is determined in Article 9.1., so that HearingCoach International is never liable for any (further) damage, including consequential damage. As such, HearingCoach International can never be held liable for, among other things, compensation for business losses, loss of profits, damage resulting from personal accidents, damage arising from third-party claims against the buyer, or any other form of damage. This enumeration is not exhaustive. If, notwithstanding the provisions of paragraph 2 above, HearingCoach International would still be obliged to pay any compensation, the total liability can in no case exceed the lower of the following two amounts: 12,500.00 Euros or the amount equal to the total price agreed upon in the respective agreement, excluding VAT.
- HearingCoach International, if requested by the buyer, can provide recommendations and/or technical advice regarding products and/or services delivered or to be delivered by her, without thereby accepting or assuming any liability towards the buyer. The buyer is therefore entirely responsible for investigating the suitability of the product for its intended use or purpose within its activities, even in the longer term. The buyer bears full responsibility for any damage that may arise from using the product contrary to the provided instructions.
- If our buyer qualifies as a victim within the meaning of Article 12 of EC Directive 85/374, the claims arising therefrom are not limited or excluded by this article.
10: Liability towards third parties – indemnification
- HearingCoach International, in relation to third parties, can never have greater liability for damages caused during the execution of an agreement to which these terms apply, than the liability it has towards the contracting party. The contracting party of HearingCoach International indemnifies it against any further liability and will, whenever possible, include a corresponding exoneration in favor of HearingCoach International in its agreements with third parties. Furthermore, the contracting party fully indemnifies HearingCoach International against claims for damages by third parties based on the infringement of intellectual property rights caused by the use of drawings, data, materials, components, or production processes provided or prescribed to us by or on behalf of our contracting party for the execution of the agreement.
11: Impediments in the execution of the agreement
- HearingCoach International is not liable for the non-fulfillment of its obligations if this is due to:
- a failure or deficiency by one of its suppliers, subcontractors, or carriers,
- fire at itself or one of its suppliers or subcontractors,
- strikes or lockouts at itself or one of its subcontractors,
- riots or public disturbances,
- conditions of war,
- government measures including export, import, or transit bans,
- severe frost or winter conditions,
- circumstances of such a nature that fulfillment by HearingCoach International can no longer be reasonably expected, if these circumstances persist for a period of more than six months.
- In such cases, HearingCoach International is entitled to terminate the agreement instead of fulfilling it, without further compensation. In the above circumstances, the use of this possibility by HearingCoach International takes precedence over the exercise of the buyer’s rights due to non-compliance with the agreement.
12: Right of retention
- HearingCoach International has the right to retain all items that it holds on behalf of or from the counterparty, until the counterparty has fulfilled all its obligations related to the specific items in question, directly or sufficiently connected, to justify a refusal to release. If such items that HearingCoach International held under this right go out of its possession, it is entitled to reclaim these items as if it were the owner itself.
13: Joint and several liability
- If HearingCoach International enters into an agreement with two or more natural persons or legal entities, each of these individuals is jointly and severally liable for the complete fulfillment of the obligations arising from that agreement for them.
14: Industrial and intellectual property
- Copyrights, patent rights, trademark and/or design rights, and all other industrial and intellectual property rights for all products/services manufactured by HearingCoach International and for forms and tools manufactured and/or designed by HearingCoach International belong to HearingCoach International, even if they are created based on instructions, drawings, or orders, unless otherwise agreed. In the event of a breach of these rights by the counterparty, HearingCoach International is entitled to an immediately enforceable penalty of €12,500.00 per violation, without prejudice to its other rights to damages and interest.
- In accordance with the provisions of Article 10, last paragraph, HearingCoach International is entitled to compensation from its counterparty for all damages incurred in case of any third-party claims based on an (alleged) infringement of industrial or intellectual property rights due to the use by HearingCoach International of drawings, data, materials, parts, or production processes provided by the counterparty. This also applies in the case of storage or delivery by HearingCoach International of goods manufactured according to the drawings, data, materials, parts, or production processes provided by the counterparty.
15: Maintenance and provison of services
- Agreements for the provision of services and maintenance work by HearingCoach International are entered into for a period that includes at least a full calendar year. They are automatically extended for one year, unless terminated in writing before October 1st.
- Prices for services and maintenance work are based on the execution of these tasks during the usual working hours at HearingCoach International. Special rates apply for work performed outside of these hours, and additional travel time and travel expenses may also be charged.
- The services and maintenance work provided by HearingCoach International include both preventive maintenance and inspections, as well as repair work. However, these maintenance activities, inspections, or repairs do not guarantee uninterrupted and/or error-free operation of the maintained items. Parts replaced by HearingCoach International become its property.
16: Applicable law – disputes
- Belgian law exclusively applies to all our offers, agreements, and any resulting obligations, except where provided otherwise in these provisions.
- For all disputes arising from our offers and/or agreements, only the court of Hasselt has jurisdiction.