General Terms and Conditions MOBCO BV
These general terms and conditions shall be applicable, unless otherwise expressly agreed in writing and signed by both parties.
1. These general terms and conditions are deemed to be known and accepted by the Customer and are binding for the Customer by the simple fact of placing an order.
2. Upon acceptance of the order by Mobco BV, and except for conflicting conditions that have been formally accepted by Mobco BV, all quotations, products and services are exclusively governed by the present general terms and conditions, which are applicable to the exclusion of any other document originating from the Customer.
3. If one clause (or part thereof) of these general terms and conditions were to be invalid or unenforceable, this shall in no way affect the validity and enforceability of all the other clauses of these general terms and conditions.
4. All disputes shall fall under the exclusive jurisdiction of the competent courts of the legal district where the headquarters of Mobco BV are located, and shall only be governed by the national laws applicable in these headquarters. However, no claim of any kind shall be filed more than 6 months after the official statement of facts which would warrant such a claim.
5. Quotations by Mobco BV shall be valid for a period of 1 month from the date on which they are issued, unless expressly stipulated otherwise.
6. Unless provided otherwise, and only for products or services that have been hired, the duration of the contract shall be minimum one year and shall be tacitly renewed for the same period. Should the Customer not wish a renewal of the contract, then Mobco BV should be duly informed in writing by the Customer, and this at least one month before the end of the period that is to be renewed.
7. Unless provided otherwise, the agreed delivery deadlines are indicative only.
8. Except for web shop orders and unless provided otherwise, any order shall be subject to an advance payment of 30 % of the total cost. This advance payment shall be considered a deposit in the case of cancellation. Delivery of the goods or services shall only take effect following the receipt of this advance payment. This amount will be invoiced upon receipt of the Customer's order by Mobco BV. The balance will be invoiced following delivery.
9. For all web shop orders, the amount is to be paid in full before delivery or shipping.
10. In the case of a tacit renewal of the contract for products or services that are on hire, the amount payable monthly will be indexed, in accordance with the health index (base year 1996), according to the following formula:
P1 = P0 (S1/S0) and
P1 = new monthly amount valid for the duration of the renewed contract
P0 = monthly amount on the date of the previous revision or initial term of the contract
S0 = index made public on the date of the previous revision or at the outset of the initial term of contract
S1 = index published most recently on the date of the revision.
This amount will be invoiced to the Customer outright and in advance.
In addition, for products or services acquired by Mobco in USD, the prices will also be adjusted to than valid EUR/USD exchange rate.
11. Mobco BV’s invoices are payable in cash and without discounts, unless special conditions have been agreed upon. Non-payment of an outstanding amount on the due date will rightfully and without prior notice result in a standard penalty interest on arrears at the rate of 1 % per month, without prejudice to Mobco BV's right to claim a standard lump sum indemnity of 10 % of the invoiced amount due, with a minimum of 100 €. Claims will only be admissible if they are received in writing no later than one month following the date of the invoice.
12. The Customer is responsible for the use of; information provided by Mobco BV, the services rendered by Mobco BV, the products sold or rented out by Mobco BV and all other products, services or agreements that are subject to the present General Terms and Conditions.
13. Under no circumstance, not even if Mobco BV had been notified in advance of the possibility of damage, can Mobco BV be held liable for direct damage or indirect damage, such as a loss of earnings, an increase in overhead costs, the disruption of the planning, the loss of profits, of Customers, of investments in material or missed savings, nor for any complaint filed against the Customer by a third party.
14. Without prejudice to possible compensations in accordance with an insurance policy, the contractual and/or extra-contractual liability of Mobco BV shall always be limited at most to an amount equal to the last payment made by the Customer under the terms of the present order.
15. Any damage shall be communicated to Mobco BV no later than 6 days following the assessment of the damage.
16. All software sold or rented out by Mobco BV remains the property of the respective producers, as specified in the special terms and conditions of these products or services. The Customer agrees to comply with these special terms and conditions.
17. Mobco BV remains the owner of the know-how and information that is provided during the preliminary work or on completion of the products or services when no other legal rights are applicable at the moment of use. The Customer agrees that the know-how and information provided by Mobco BV is protected by copyright.
18. The Customer guarantees that he owns the necessary rights and/or licenses with respect to the use of information prerequisite to the execution of this contract. More specifically, and by way of example: the Customer should be acquainted with privacy legislation and legislation concerning the use of personal data. The Customer shall indemnify Mobco BV against any potential complaint or liability in this respect and shall undertake all possible costs and expenses that could result from any failure to comply with this guarantee.