Terms and Conditions

CHAPTER 1: GENERAL

  1. Definitions

In these general terms and conditions of sale, the following terms shall have the following meanings:

  • Customer: the company or any customer who acquires, rents, and/or uses the goods for professional purposes and does not qualify as a consumer within the meaning of the WER;
  • Goods: The goods sold or leased by the Seller;
  • Website: www.gr-Technics.be
  • WER: Code of Economic Law
  • Day: calendar day;
  • Seller or Lessor: GR TECHNICS bv (hereinafter referred to as "GR TECHNICS bv" or "Seller" or "Lessor"), with registered office at Beemdenstraat 38, 2340 Beerse, with company number 0876.142.404.
  • Auxiliary persons: any natural person or legal entity entrusted by GR TECHNICS bv with the full or partial execution of a contractual obligation entered into by GR TECHNICS bv, throughout the entire contractual chain, including but not limited to subcontractors, employees, directors, etc.

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  1. Applicability
    1. These general terms and conditions apply to all quotations, invoices, and deliveries of GR TECHNICS bv and to all agreements (distance) between GR TECHNICS bv on the one hand and the Customer on the other. These general terms and conditions always take precedence over the terms and conditions of the Customer or of a third party, unless the parties expressly agree otherwise in writing. The Customer declares and acknowledges that it is bound by these general terms and conditions of sale.
    2. The articles in Chapter 1 of these General Terms and Conditions apply to all agreements concluded between the Customer and GR TECHNICS bv.
    3. The articles in Chapter 2 of these General Terms and Conditions only apply if the Customer and GR TECHNICS bv enter into a purchase agreement for Goods.
    4. The articles in Chapter 3 of these General Terms and Conditions only apply if the Customer and GR TECHNICS enter into a lease agreement for Goods.

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  1. Quotations, orders, and acceptance
    1. Every quotation or order is always without obligation and does not bind the Seller as such. An agreement is only concluded once the Seller has expressly accepted the Customer's order in writing.
    2. Each quotation from GR TECHNICS bv is valid for a period of thirty (30) days following the date of the quotation, unless the parties have expressly agreed otherwise in writing.
    3. All product information is provided for informational purposes only. Any verbal agreements and/or commitments made by GR TECHNICS bv staff or on behalf of GR TECHNICS bv by representatives are only binding on GR TECHNICS bv if they have been expressly confirmed in writing by GR TECHNICS bv.

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  1. Prices and payment terms
    1. All prices are exclusive of VAT and other taxes and levies imposed in connection with the purchase, sale, rental, delivery, or use of goods covered herein, which are entirely borne by the Customer, unless expressly stated otherwise.
    2. All prices are subject to change due to specifications, quantities, raw materials, special packaging, production costs, shipping methods, exchange rates, or other conditions that are not included in the original quotation. These price changes will be communicated to the Customer in advance.
    3. All bank charges and transfer costs are borne by the Customer. He must take this into account when making payments. Payments must be made in EURO.
    4. The Customer is obliged to pay an advance invoice no later than three days before the scheduled delivery date. The Customer must pay the balance of the invoice within thirty (30) days of the invoice date, unless otherwise agreed in writing.
    5. Any protest against the invoices must be communicated to GR TECHNICS bv in writing, with detailed reasons, by registered mail within eight (8) calendar days, failing which the invoice will be deemed to have been accepted by the Customer.
    6. Without prejudice to the provisions of Article 4.5, no complaint shall entitle the Customer to suspend or defer payment in whole or in part.
    7. In the absence of full payment on the due date, interest on arrears of ten percent (10%) per annum shall be payable on the invoice amount, by operation of law and without prior notice of default, from the due date until the date of full payment. 

The mere expiry of the due date shall constitute notice of default in accordance with Article 1139 of the Civil Code. Furthermore, in the event of non-payment or incomplete payment, a fixed compensation of ten percent (10%) calculated on the principal amount of the invoice (including VAT), with a minimum of fifty (50) euros, shall be payable by operation of law and without prior notice of default.

  1. GR TECHNICS bv reserves the right to request full or partial payment in advance from the Customer, or to request other security, if the Seller, acting in good faith, considers that the Customer's financial situation does not allow for the above payment terms to be applied. In the event that an invoice remains unpaid on its due date, GR TECHNICS bv is entitled to demand immediate payment of all other invoices by the Customer, regardless of the due date of these other invoices.
  2. When renting Goods, the rental fees are due and therefore payable four working days before the start of each rental period.

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  1. Force majeure
    1. If GR TECHNICS bv is unable to fulfill its obligations due to force majeure, it shall not be liable to the Customer. In the event of force majeure, the Seller shall not be liable for any penalty or compensation.
    2. Force majeure is understood to mean: any external cause, as well as any circumstance, which cannot reasonably be considered to be at its risk, such as: delays or breaches of contract by our suppliers for, among other things, foreign goods and primary raw materials, internet disruptions, hacking of the Website, power failures, disruptions to email traffic and disruptions or changes to technology supplied by third parties, transport difficulties, lockouts, general mobilization, state of war or revolution, bad weather conditions, strikes, government measures, delays in supply, obstacles to the receipt of fuels necessary for normal production, negligence on the part of our suppliers and/or manufacturers as well as auxiliary persons, illness of personnel, pandemics, defects in auxiliary or transport equipment, and all circumstances beyond our control are expressly considered force majeure.

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  1. Protection of personal data and information exchange
    1. GR TECHNICS bv processes the personal data provided by the Customer.

communicated in accordance with the privacy policy that can be found on our Website.

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  1. Liability
    1. Subject to any conflicting provisions included above, GR TECHNICS bv shall not be liable for any damage resulting from the fault of third parties, including their gross negligence or wilful misconduct, insofar as it depends on the cooperation, services, and deliveries of third parties in the performance of its obligations.
    2. Except for any conflicting provisions included above, the liability of GR TECHNICS bv under these general terms and conditions of sale (whether for breach of contract, tort, indemnity, or any other reason) shall not exceed, per claim, the amount equal to the total price paid by the Customer to GR TECHNICS bv in relation to the Goods giving rise to such damage.
    3. Except for any conflicting provisions included above, GR TECHNICS bv shall in no event be liable for any indirect, special, consequential, or incidental damages (including, without limitation, damages for loss of use of facilities or equipment, loss of income, loss of data, loss of profits or goodwill), regardless of whether the Seller (a) was informed of the possibility of such damages or (b) is negligent (excluding any fraud on the part of the Seller).
    4. The liability of GR TECHNICS bv is not excluded or limited for any liability that cannot be excluded or limited under applicable law.
    5. Notwithstanding Article 6.3 §1 of the Civil Code, GR TECHNICS bv cannot be held liable by the Customer outside of the contract, except in cases of intentional misconduct or damage to the physical or psychological integrity of the injured party.

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  1. Notwithstanding Article 6.3 §2 of the Civil Code, the Customer or any other injured party in the contractual chain may not invoke the legal provisions relating to non-contractual liability with regard to the Auxiliary Persons of GR TECHNICS bv, except in the event of intentional fault or damage to the physical or psychological integrity of the injured party. 
  2. The Assistants may invoke the provisions of this Article 7.
  3. GR TECHNICS bv is not liable for theft, fire, water damage, and/or damage resulting from theft, fire, or water damage to the Customer's goods stored at its premises, except where the theft, fire, water damage, and/or damage resulting from theft, fire, or water damage is exclusively the result of gross negligence on the part of GR TECHNICS bv. 

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  1. Intellectual property
    1. The Customer acknowledges and accepts that all content (texts, illustrations, photos, images, files, designs, arrangements, and other items) on the GR TECHNICS bv Website is protected by intellectual property rights. All copyrights, registered trademarks, and intellectual property rights relating to information or content appearing on the Website are at all times the property of the Seller or our licensors. The Customer may only use this information to the extent that express written permission has been given by the Seller or its licensors.

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  1. Splitability
    1. If any provision (or part thereof) of these general terms and conditions of sale is unenforceable or conflicts with a provision of mandatory law, this shall not affect the validity and enforceability of the other provisions of these general terms and conditions of sale, nor the validity and enforceability of that part of the provision in question which is not unenforceable or contrary to a provision of mandatory law. In such a case, the parties shall negotiate in good faith to replace the unenforceable or conflicting provisions with an enforceable and legally valid provision that is as close as possible to the purpose and meaning of the original provision.

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  1. Jurisdiction clause and applicable law
    1. These general terms and conditions of sale, as well as any contract between GR TECHNICS bv and the Customer, are governed by Belgian law.
    2. The courts of the judicial district of Turnhout shall have exclusive jurisdiction over all disputes, controversies, and claims.

CHAPTER 2: SALE OF GOODS

  1. Delivery
    1. The delivery or execution times specified in the quotation are purely indicative, unless expressly stated otherwise. The Seller shall not be liable for any loss or damage resulting from a delay in delivery or failure to deliver due to a cause beyond the Seller's reasonable control. In the event of a delay caused by circumstances beyond the Seller's control, the Seller reserves the right to cancel the order or reschedule its shipment within a reasonable period of time.
    2. The Customer is obliged to take delivery of the Goods delivered by the Seller at the agreed time and to provide the necessary space for the Goods to be delivered. At the time of delivery, the Customer must sign the delivery note for receipt. If the Customer is absent at the time of delivery, the Customer is deemed to have accepted the delivery.
    3. A delay in delivery does not, in principle, entitle the Customer to cancel an order or claim compensation. In the event of an abnormal delay in delivery, the Customer has the right to terminate the purchase by registered letter and without judicial intervention, provided that the Seller has still not delivered within a period of thirty (30) days after the Seller was given notice of default by the Customer by registered letter. The Customer expressly waives any other possible remedy, in particular but not limited to the award of any form of compensation.
    4. The Seller will only proceed with delivery once the Customer has paid the advance invoice, unless the parties expressly agree otherwise in writing.
    5. The Seller reserves the right, at its discretion, to make partial deliveries of the Goods and to invoice these shipments separately. The Seller reserves the right to terminate or interrupt a shipment of Goods in transit and to withhold shipments in whole or in part if the Customer fails to make payment to the Seller by the due date at the latest, or if the Customer otherwise fails to fulfill its obligations. In the event of such a delay, the Customer is not entitled to refuse delivery, nor is it released from any obligation. 

If the delay is attributable to the Customer, the Seller shall be entitled to place the Goods in storage at the Customer's risk and expense.

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  1. Retention of title
    1. Notwithstanding Article 1583 of the Civil Code, the Seller retains ownership of the Goods it sells to the Customer until the price of these Goods has been paid in full, including principal, interest, and costs.
    2. The provisions of Article 12.1 do not affect the transfer of risk. From the moment the Customer orders the Goods, the Customer bears all risks, including cases of force majeure and destruction. The storage of the Goods pending delivery or collection is at the Customer's risk.

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  1. Conformity
    1. Every delivery of Goods shall be inspected immediately upon receipt by the

Become a customer checked. Complaints regarding visible defects must be reported to the Seller in writing within forty-eight (48) hours of delivery, on pain of forfeiture.

  1. Complaints regarding visible defects are only valid and will only be investigated on condition that the Goods sold have not yet been used by the Customer. Such complaints do not suspend the Customer's payment obligation.
  2. The Customer accepts and acknowledges that the Seller may also invoke against the Customer any exceptions, exonerations, and warranty limitations that the manufacturer may invoke against the Seller.
  3. After acceptance of the Goods, the Seller's liability, except in cases of intent or gross negligence, is limited to any hidden defects.
  4. The Seller's liability for any hidden defects in the Goods delivered by the Seller is limited to defects that become apparent after delivery of the Goods and before the expiry date of the Goods. Any hidden defects must be reported immediately and no later than eight (8) calendar days after the defect has been discovered, on pain of forfeiture of any right of recourse. All complaints must be made in writing and documented. Goods whose expiry date has passed or which have not been stored correctly cannot give rise to hidden defects. Such complaints do not suspend the Customer's payment obligation.
  5. In the event of a visible or hidden defect for which the Seller is liable, the Seller shall, at its discretion, either (i) replace the defective Goods, or (ii) repair the defective Goods, or (iii) reduce the price (in the event of a full refund, the defective Goods must be returned).

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  1. Product warranty and return of goods
    1. The warranty on the Goods delivered by the Seller is limited to the warranty to which it is contractually or mandatorily bound by law with regard to the Customer. The warranty only covers a lack of conformity existing at the time of delivery and provided that the goods have been used in accordance with the instructions for use. Goods whose expiry date has passed or which have not been stored correctly cannot give rise to a warranty claim.
    2. The Seller's Goods will not be automatically taken back under any circumstances. Exceptions to this rule are Goods that show a defect for which the Seller is liable, and only with express prior agreement.

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  1. TERMINATION OF THE AGREEMENT
    1. The Seller has the right to terminate the agreement with the Customer at any time, with immediate effect, without judicial authorization, without prior notice of default, and without payment of any compensation, in the following cases:
      • The Customer files for bankruptcy, is declared bankrupt, or requests a suspension of payments; or
      • A decision is made and/or action is taken to liquidate the Customer or terminate the Customer's business activities or sell the Customer's business activities, or the nature of the Customer changes significantly; or
      • The Customer fails to comply with any contractual terms or obligations towards the Seller, either in whole or in part; or
      • The Customer fails to pay an invoice amount or part thereof within the specified period; or
      • All or part of the Customer's assets are seized; or
      • The Seller has valid reasons to doubt that the Customer will fulfill its obligations towards the Seller; or

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  1. In the event of termination, the Seller reserves the right to claim compensation for the costs and damage suffered by the Seller, and all claims of the Seller against the Customer shall become immediately due and payable.

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CHAPTER 3: RENTAL OF GOODS

  1. EQUIPMENT RENTAL, GENERAL
    1. The delivered machines and parts, as well as the repairs carried out, remain the property of GR TECHNICS bv.
    2. Complaints regarding the Goods or the repair must be submitted to GR TECHNICS bv by registered letter within 8 days of delivery.
    3. Delivery times are always indicative and not binding. If the delivery date or time is not respected, the Customer is not entitled to compensation, but the Customer may terminate the lease by sending a registered letter to GR TECHNICS bv.
    4. The Customer is obliged to take delivery of the Goods delivered by the Lessor at the agreed time and to provide the necessary space for the Goods to be delivered. At the time of delivery, the Customer must sign the delivery note for receipt. If the Customer is absent at the time of delivery, the Customer is deemed to have accepted the delivery.
    5. In the event of termination of the Lease Agreement, any Goods already delivered must be returned immediately to GR TECHNICS bv. in good condition.
    6. Upon termination of the rental, the Customer shall ensure that the vehicle has a full tank of fuel. If this is not the case, GR TECHNICS bv will fill the tank and charge for the liters of fuel used.
    7. Under no circumstances may the Goods be used at other locations without the prior consent of the Lessor.
    8. The rental of the Goods must in all cases be canceled by email to info@gr-Technics.be no later than 5 working days before the end of the rental period, unless otherwise stated in the agreement.

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  1. Use, maintenance, repair, and similar matters concerning the goods
    1. When making the Goods available and returning them, GR TECHNICS bv may require that a checklist be completed. Any damage and defects relating to the Goods shall be noted on this checklist. GR TECHNICS bv is not obliged to deliver the Goods before this checklist has been signed by the Lessee.
    2. Except for the damage and defects listed on the checklist, the Lessee is deemed to have received and to return the rented item(s) in good condition with all accessories and documents.
    3. By accepting the Goods, the Lessee acknowledges that they are in good condition and suitable for their intended use.
    4. If the Goods and/or accessories and/or documents are damaged or missing due to the actions of the Lessee and this damage cannot be repaired within a reasonable period of time, the Lessee will remain liable for the rental price. This also applies if the Lessee does not use the Goods.
    5. The Lessee undertakes to carry out a daily check of the battery(ies) and the level of coolant and oils.
    6. Barriers are mandatory at public events and must be carefully placed around the Goods. The Lessee's use of the Goods releases the Lessor from all responsibilities.
    7. The Lessee undertakes to grant the representative of GR TECHNICS bv free access to its buildings and premises at all times for the purpose of inspecting the Goods.
    8. The Lessee is obliged to report any defect to the Lessor within 48 hours. The Lessee is also obliged to report any damage, including theft, fire, or glass breakage, to the police and to the Lessor within 24 hours of its discovery.
    9. The Lessee undertakes to cooperate with the Lessor in the event of an investigation or legal proceedings.
    10. The Lessor is not liable for damage to third parties during the rental period caused by incorrect handling or misuse of the Goods. Under no circumstances may the Lessee connect electrical installations to the generator that require a higher power output than the generator can supply. In the event of a power failure, the Lessor cannot be held liable for any damage, whether financial or material. Moving the mobile generator is not permitted without notifying the Lessor.

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  1. Liability, insurance
    1. The Lessee undertakes to insure himself against damage and theft and also undertakes to notify his insurer of any damage or theft under his "Civil Liability Business" policy. This insurance shall be expressly extended to cover the Goods.
    2. GR TECHNICS bv shall not be liable to the Lessee for damage to the property of the Lessee or third parties caused by the Goods or by personnel made available by GR TECHNICS bv, unless the Lessee proves that the damage is due to intent or gross negligence on the part of GR TECHNICS bv itself.
    3. The Lessor cannot be held liable for road subsidence, damage, etc., during delivery or collection of the Goods.
    4. The Lessee is liable for any damage to the Goods that occurs during the entire rental period, even if the damage is caused by a third party or an unknown person.

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  1. Early termination
    1. Without prejudice to the provisions of Article 5, GR TECHNICS bv reserves the right, in the event of failure to make full payment on the due date, to terminate the rental immediately and without prior notice by collecting the Goods.
    2. In the event of a breach of the provisions of Article 4.4, the Lessor may terminate the Lease Agreement immediately without the Lessee being entitled to any credit or compensation.
    3. In the event of seizure of the Lessee's Goods, the Lessee shall immediately report that the Goods are not its property. The Lessee shall immediately notify the Lessor of the seizure.
    4. The Rental Agreement may also be terminated immediately by GR TECHNICS bv without prior warning, notice of default, or judicial intervention in the following cases:
  • If the Lessee fails to strictly comply with one or more provisions of the Lease Agreement or General Terms and Conditions;
  • If any form of attachment is imposed on the Tenant's movable and/or immovable property or on part thereof or on the Goods;
  • When the Lessee requests a deferral of payment;
  • If the Lessee is declared bankrupt, dissolved, or placed under guardianship;
  • If the Lessee is dissolved and/or liquidated, or if one or more partners of the Lessee withdraw and this compromises the Lessee's ability to make payments to GR TECHNICS bv;
  • If a permit or registration necessary for the Tenant to conduct its business is revoked or not renewed;
  • If, in the opinion of GR TECHNICS bv, circumstances arise at the Lessee that significantly increase its risk and/or could impede the normal performance of the Lease Agreement;
  • When the Goods are seriously damaged or destroyed;
  • When the repair costs, which are payable by GR TECHNICS bv under the Lease Agreement, are significantly higher than a prudent and reasonable person could have foreseen and are no longer in proportion to the rent.
  1. The Lessee is obliged to immediately notify GR TECHNICS bv by registered letter of the circumstances referred to in Article 19.4.
  2. The Lessee is obliged to immediately notify GR TECHNICS bv by registered letter of any changes of address, as well as of all facts and events that may affect GR TECHNICS bv's position with regard to the Lessee or the Goods. If GR TECHNICS bv has not indicated any objections to the reported facts within one month of receiving the notification, GR TECHNICS bv will be deemed to have agreed to them.
  3. Early termination of the Lease Agreement shall not affect the other rights of GR TECHNICS bv vis-à-vis the lessee. In the event of early termination, all outstanding amounts shall become immediately due and payable.

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CHAPTER 4: WARRANTY TERMS AND CONDITIONS

  1. Warranty policy
    1. If GR TECHNICS bv supplies goods with a warranty, the applicable instructions from the manufacturer apply to the goods in question.
    2. The buyer and/or user declares that they are sufficiently informed or, in the case of specific installations, have received the necessary training from GR TECHNICS bv on the operation and procedures for setting up the entire system.
    3. Unless otherwise agreed, the seller guarantees that the goods comply with the agreement for a period of 24 months after delivery.
    4. The buyer must check the delivered goods immediately after delivery for any deviations from what has been agreed. Any shortages must be noted on the delivery note. 

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These shortages, as well as any other defects visible upon delivery, must also be reported to the seller in writing within eight calendar days of delivery.

  1. The buyer must report any hidden defects to the seller in writing within ten working days of discovering them or of when they should have been discovered.
  1. The aforementioned 24-month warranty period does not apply to defects resulting from improper use, failure to comply with product instructions, failure to comply with user training, or repairs or modifications made without the approval of GR TECHNICS bv.

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  1. Repair procedure
    1. If you discover a fault or defect in goods delivered by GR TECHNICS bv, you must report this immediately by email. You must provide sufficient documentation for this report, including descriptions and photographs.
    2. GR TECHNICS bv analyzes the defects based on the documentation provided. We communicate the necessary repair work, inform you whether or not it is covered by warranty, and indicate when the repair work can be scheduled.
    3. Warranty work carried out by GR TECHNICS bv is free of charge*, unless the defect is caused by circumstances that are not covered by the warranty.
    4. Repairs to the goods are carried out at the workshop of GR TECHNICS bv, Beemdenstraat 38, 2340 Beerse (BE). The customer is responsible for delivering and collecting the goods for repair work.
    5. *Urgent repairs or repairs for which GR TECHNICS bv provides transport are negotiable, but are not covered by our warranty. You can always inquire about the options and conditions.
    6. The warranty will not be valid if the following situations occur
  • Until the Buyer has fulfilled all payment obligations;
  • In the event of intent or gross negligence on the part of the Buyer or a third party;
  • When the manufacturing or operating instructions are not followed.
  • If changes are made to the product in question;
  • In the case of wear and tear that is considered normal;
  • If third parties have carried out the assembly or repair of the goods without the written consent of GR TECHNICS bv;
  • If third parties have carried out the installation or repair and this does not comply with the applicable regulations, regardless of written permission from GR TECHNICS bv;
  • When the cause of the defect lies outside the goods.
  1. GR TECHNICS bv is not liable for its own or intentional damage, including loss of profit, loss of goodwill, arising from or in connection with warranty claims. Reference to Article 7 (liability AV) AV = General Terms and Conditions

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CHAPTER 5: INTELLECTUAL PROPERTY RIGHTS IN DEPTH

  1. Ownership and Restrictions on Use:
    1. The Buyer shall refrain from any infringement of copyright, trademark rights, patents, photos shared on the website (Article 8. AV), and confidential business information, as stipulated in Book XI Intellectual Property of the WER, with regard to the goods delivered by GR TECHNICS bv.
    2. Despite any costs incurred, the delivered items, including products, drawings, models, photographs, and everything related to the order, remain the property of GR TECHNICS bv, unless otherwise agreed in writing.
    3. Restrictions on use:

Unless otherwise agreed in writing, the Buyer is not authorized to:

  1. To modify or remove any indications relating to intellectual property rights.
  2. Reproduce, publish, or modify all or part of the delivered items.
  3. Reproduction prohibition: The Buyer agrees and is expressly prohibited, without the prior written consent of GR TECHNICS bv, from producing products that are identical to or substantially similar to the goods supplied by GR TECHNICS bv.
  4. Similar Business Activities: The Buyer undertakes and is expressly prohibited from carrying out any business activities that directly compete with the products of GR TECHNICS bv during the term of this agreement and for a period of 5 years after termination of the agreement, with the exception of the rental of products already purchased.
  1. *Exception for Rental: Notwithstanding the foregoing, the Buyer is authorized to rent products already purchased to third parties.
  2. Obligation to report infringements:

The Buyer must immediately notify GR TECHNICS bv in writing upon discovery of any infringement by third parties of intellectual or industrial property rights.

  1. Warranty and Indemnification:

When manufacturing goods using materials provided by the Buyer, the Buyer guarantees that no infringement of third-party rights will occur. The Buyer indemnifies GR TECHNICS bv against any claims arising from the infringement of intellectual or industrial property rights.

  1. Termination and Dissolution:

If an infringement of third-party rights is found, GR TECHNICS bv is entitled to cease the manufacture and/or delivery of goods and/or to terminate the agreement without being liable for compensation.

  1. Penalty for non-compliance:

In the event of non-compliance by the Buyer, the Buyer shall forfeit to GR TECHNICS bv an immediately payable penalty, plus a daily penalty of

€5,000 up to a maximum of €2,000,000, without prejudice to GR TECHNICS bv's right to full compensation.

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