General terms and conditions of sale.
The following terms and conditions of sale shall apply to any sale of products and services by PIXELIXIR, except in the case of written exceptions and without prejudice to any special conditions agreed upon by separate agreement. Customer shall be deemed to have full knowledge of the terms and conditions herein and such terms and conditions shall be binding if the products and services referred to herein are delivered to and accepted by the customer.
2. ORDERS – OFFERS
Only written offers issued by Pixelixir are valid. Unless otherwise stated, PIXELIXIR’s quotation shall be null and void unless accepted by Purchaser within thirty (30) days from the date of quotation. Any changes to the wording of the initial offer will be billed to the customer in addition. In the event that the work is performed outside business hours at the customer’s request, Pixelixir may take into account the increase of its fees and in particular the legal surcharges for overtime and the percentage of acceptance by Pixelixir of the order client. Social charges and insurance calculated on these surcharges without this new statement being able to be lower than 50% of the amounts relating to the posts concerned as they are established in the offer. The contract is formed only after.
Pixelixir is validly represented by one of its managers; The customer is validly represented by the signatory of the purchase order for the customer to turn against the signatory of the purchase order in the event that the signatory is not authorized to engage the customer. In this case, the order remains active and valid, Pixelixir can not be held responsible for this fact.
All supplies, creations or achievements of any kind shall remain the property of PIXELIXIR until all payments have been made in full.
PIXELIXIR, however, remains the sole owner of intellectual property rights over these creations and achievements, including the source codes of computer programs and achievements. They may not be reproduced or used without the prior written consent of Pixelixir.
All prices are excluding VAT and any other government- imposed levies and taxes. Unless agreed otherwise, all prices are indicated in euro and payable equally in euro. All taxes, charges, duties, and costs shall be borne by the customer.
6. DELIVERY AND EXECUTION TIME
The deadlines for the delivery of supplies or execution of services set out in the contract between PIXELIXIR and its customer are given purely for information, and their being exceeded may not give rise to any indemnity or to the termination or cancellation of the contract. Tthese delays will be extended in case of force majeure, changes to the order by the customer, delay in the transmission of information and / or documents by the customer and late payment.The delivery time, since it can not be influenced by the fact of third parties (suppliers, subcontractors), fortuitous events, or force majeure does not constitute a formal commitment and is always indicated by approximation.
PIXELIXIR and the customer are required to maintain the confidential nature of all information communicated in the context of the negotiation and execution of the contract concluded between them. They hereby undertake not to divulge any of this information without the written agreement of the other party. They shall divulge information only to their employees who are directly involved in the execution of the contract, or making use of the programs, and they hereby guarantee that these employees are aware and will comply with the obligations in relation to the confidential nature of the said information.
8. TERMS OF PERFORMANCE
The delivery of the order form, signed and dated, releases PIXELIXIR from any responsibility for errors or omissions noted during or after the performance. It remains the property of PIXELIXIR and is shown in case of dispute. By manufacturing, the customer accepts a tolerance defined by the subcontractor of PIXELIXIR. The subcontractor can deliver and invoice up to 10% of the ordered service more or less) The risks of transport, shipping and delivery are the sole responsibility of the customer.
Despite any protest made in accordance with these Terms and Conditions, all invoices must be paid within thirty (30) calendar days after they have been received. An invoice is considered received three (3) business days after its sending date. Any protest of an invoice must be notified by registered letter within fifteen (15) calendar days from the invoice’s sending date. Failing which the invoice shall be considered accepted.
10. DELAY IN PAYMENT
If an invoice is not paid in full by the above-mentioned period of time, the sum due is increased automatically from its due date by interests and this without prior notice and without prejudice to any claim for damages for collection costs. The amount of each invoice issued by PIXELIXIR is increased by a contractual, lump sum and irreducible 15% allowance intended to cover additional administrative costs and conventional default interest at the rate of 1% per month of delay. In addition, PIXELIXIR reserves the right to interrupt the execution of current work for the client, without prior notice, as long as the invoice(s) have not been fully paid(s).
11. RESOLUTION – TERMINATION
In the event that the customer cancels their order, whether before or in the process of execution, PIXELIXIR may require the forced execution of the contract, or seek payment of damages and interest. In case of resolution of the contract by the customer more than 60 days, between 60 and 30 days or at least 30 days before the date of execution, respectively 30%, 50% or the full price remain due to PIXELIXIR, without prejudice any other damages and interest. In the case of a contract of undefined duration or of a business relationship, only prior notice of 6 months shall be notified by registered letter.
In case of plurality of the client, they are jointly and severally liable for their various obligations and presumed to have waived the benefits of division and discussion.
No claim will be accepted if it is not addressed to PIXELIXIR, by registered letter, within 5 days from the delivery or the service, depending on whether it is a service contract or supply . The use of a part of the supply automatically entails the approval of the totality. The defects of a part of the delivery does not give the right to the customer to refuse the totality of the supply.
PIXELIXIR makes every effort to meet its contractual obligations and the expectations of its client. PIXELIXIR can only be held to an obligation of means.
15. JURISDICTION AND APPLICABLE LAW
Any offer is governed by Belgian law. In the event of a dispute, the Nivelles District Court (Belgium) will have sole jurisdiction, on the understanding that PIXELIXIR is entitled to bring a dispute before the district court of the customer’s registered office/place of residence.