General Terms and Conditions

For any purchase by the customer, whether this be from CRM.Dev NV or CRM. Tec NV (abbreviated to: CRM):

  1. Our quotes, sales and contracts are governed by the terms and conditions set forth below. We assume that these terms and conditions are known by and accepted by the buyer. Aside from exceptional notifications, all our general terms and conditions shall be strictly applied, notwithstanding any conflicting conditions on the buyer’s documents. All offers may be withdrawn until acceptance by the buyer and shall automatically be cancelled fourteen days after the date, unless a period is indicated on the quote itself.
  2. Retention of title clause <It is to be understood that merchandise and goods delivered remain the property of the vendor until full payment of the purchase price, this in explicit derogation of art. 1583 B.W..>.
  3. The delivery periods and installation dates are given as an indication only, without any formal commitment, and will be complied with by us as far as possible. Delays shall in no way justify the cancellation of orders, breach of contract, reduction of price or claim for compensation of any kind.
  4. In the event of business interruptions, strikes, force majeure, accidents and/or government measures, we are released from the obligations to deliver and/or execute. We shall then have the choice between terminating the agreement ipso jure without compensation and, on the other hand, extending the terms of delivery and/or performance by a duration equal to that of the interruption. The notification of a termination or extension of term can be provided by CRM by a simple message by fax or letter.
  5. Possible complaints, remarks, disputes or protests are only admissible if these are formulated in writing and by registered mail within two days after the delivery or invoice date. No return of goods will be accepted without our prior consent. The return must always be carriage paid. The customer cannot use any pretext to postpone payment.
  6. The buyer must inspect the goods immediately upon delivery. Any non-conformity must be reported within two days of delivery. After the expiry of this period, it is definitively and irrefutably accepted that the goods delivered are in conformity and free from any visible defect that could have been detected on thorough inspection. In the event of a delivery that is not in conformity, we shall be entitled to proceed to replacement or to dissolve the agreement without any compensation claims being permitted in this regard.
  7. All invoices of CRM.dev are legally payable as stipulated in the Contractual Provisions of the associated software package (received at the time of signing the order form). In case of late payment, a conventional interest of 1% per month is due on unpaid invoices. Invoices that remain unpaid one week after the due date will be increased with a fixed compensation of 15% with a minimum of EUR 50 and a maximum EUR 5,000 without prejudice to our right to prove a higher damage. The sum total, damages and interest are due by operation of law, without any notice of default being required. Proper payment is the essence of every contract in which CRM acts as vendor. The above-mentioned compensation clause shall be applied strictly, since any non-payment, however small the delay, disrupts the vendor’s economic situation. The damages thus conventionally determined include both the additional administrative and personnel costs, the temporary unavailability of capital causing a disturbance in the vendor’s business and financial management and, where appropriate, the non-recoverable legal costs including a normal lawyer’s fee and to the extent that the buyer has no reasonable and plausible defence against CRM’s claim. Any non-payment justifies the suspension of further delivery or performance of guarantee obligations.
  8. If the buyer refuses the order, cancels the contract or cannot fulfil the corresponding requirements, the buyer undertakes to pay a fixed compensation of 30% of the total amount of the contract.
  9. The seller is entitled to make partial deliveries.
  10. With every order at CRM.dev NV the buyer declares to have read the general contractual conditions.
  11. The customer undertakes to respect the provisions of the maintenance contracts and licence agreement, as stipulated in the contractual provisions.
  12. Whenever the customer provides incorrect information, CRM will incur additional costs for wasted time, transportation, etc.; these will then be recovered from the customer.
  13. The fact that the buyer may not have received the terms and conditions in his native language does not exempt him from applying them.
  14. Any dispute which may arise between the parties will be settled exclusively by the courts in Kortrijk, for both national and international transactions. Only Belgian law shall apply to our contracts.
  15. CRM processes personal data in connection with the execution of this agreement. Your personal information, supplied documents, visual and audio material will always remain confidential and will not be made available to third parties unless we have your explicit consent.
  16. CRM processes customer contact data necessary for the installation of software or hardware.
  17. CRM may transfer relevant data to government agencies (local or federal, judicial or administrative) in the course of carrying out its legal assignments, or to the dispute resolution institution for the purpose of conducting a dispute.
  18. The customer has the right to access his personal data, as well as the right to make corrections to his data if it is incorrect. He must also inform CRM without delay about any change of name or designation, address, e-mail address, telephone and fax numbers.
  19. Further information on CRM’s processing of personal data and privacy rights is available in CRM’s privacy policy, available on CRM’s website, www.crm.be