General Terms & Conditions
Article 1 In advance
All services provided by Belgian Quality Masks (hereinafter: ‘BQM’) are subject to the following general terms and conditions which, with the exception of any written derogation which must be expressly accepted by BQM, take precedence over any other contractual provision, including the customer’s general terms and conditions of sale.
These general conditions only apply to the services discussed below, performed by BQM. These services cannot be extended or limited, except if these general conditions are modified by BQM itself.
Article 2 Tenders and prices
The agreement between BQM and the customer only becomes effective after written confirmation by BQM or from the moment BQM proceeds to execute this agreement. This request is made in writing.
BQM reserves the right to terminate any application at any time without explanation by notifying the person concerned by e-mail and refunding 100% of the application fee.
The communicated prices are purely indicative, unless explicitly stated otherwise. BQM reserves the right to adjust these prices, taking into account the evolution of the cost price.
In accordance with the applicable articles of the Belgian Civil Code (articles 1120 et seq. of the Belgian Civil Code and 1200 et seq. of the Belgian Civil Code), the signatory who submits an application, in his own name or as a mandatary, or the person who pays the amount charged, in whole or in part, on behalf of a third party, may warrant performance by this third party. This implies that this person commits himself solidly and indivisibly with these third parties.
Article 3 Execution
Prior to execution, the customer undertakes to make all necessary information and all necessary samples, prototypes, … available to BQM in good time for BQM to be able to execute the order. If the customer provides incorrect or incomplete information, BQM cannot be held responsible for this. BQM can also not be held responsible for any delay in the execution of the order if this is due to the late provision of information and/or materials by the customer.
The given delivery time is indicative, unless otherwise agreed between BQM and the customer. BQM tries to keep to this agreed term. However, this is not an obligation of result. If BQM has a suspicion or knowledge of a delay in the execution of the order, BQM will inform the customer. A possible delay cannot lead to the termination of the order and/or to any compensation for damages.
Article 4 Confidentiality
The following conditions apply, regarding the handling of information and materials exchanged in the context of the order, unless otherwise agreed between BQM and the customer.
All information, with the exception of the results of the assignment, and of whatever nature or form, that is brought to the attention of the customer by BQM is confidential information.
All confidential information disclosed by the customer to BQM, of whatever nature and form, will not be disclosed to third parties without the express consent of the customer. The company name is published on the website. An exception to this rule is the information that must be provided to the supervisory authority or to other recognized inspection bodies, in accordance with national and/or European legislation.
Both parties, BQM as well as the customer, undertake to comply with this confidentiality obligation when receiving confidential information from the other party and not to share and/or disclose the information to third parties without prior consent. Both parties also undertake to treat and keep the information of the other party with the same care as their own confidential information. This duty of care and storage applies both for the entire duration of the assignment and for a period of one (1) year from the date of final invoicing of the assignment.
Article 5 Results
At no time during the execution of the order by BQM is it implied that it is a transfer of intellectual property rights from BQM to the customer or third parties.
BQM provides information (the results) to the customer so that he can use the information as provided for in the agreement. This information is considered a non-transferable and non-exclusive license to the knowledge of BQM.
Article 6 Liability
Under no circumstances can BQM be held liable for direct or indirect damage caused to the customer or a third party. The liability of BQM is limited to the content of the agreed assignment, as described in the individual agreement.
When submitting his file, the customer has to communicate the possible risks of the offered samples. The customer remains responsible for the safety of these samples and BQM cannot be held liable for damage resulting from normal use of these samples.
Article 7 Dissolution of the contract by BQM
BQM can, at any time, dissolve the agreement if the customer fails to fulfil his obligations. In such a situation BQM must inform the customer by means of a written notification by e-mail. This notification will be preceded by a notice of default and can only be sent at the earliest seven (7) days after this notice of default has not been followed up by the customer.
Article 8 Dissolution of the contract by the customer
If the customer wishes to dissolve the agreement, this must always be done in writing. This dissolution is only valid when accepted by BQM.
Article 9 Force majeure
When a situation of force majeure occurs, BQM is released by operation of law and is not obliged to fulfil any obligation towards the customer. In case of force majeure, the obligations of both parties will be suspended.
Force majeure is understood to mean a cause beyond the reasonable will of a party, such as, but not limited to, war (declared or not declared), fire, riots, social unrest, attacks, illness or pandemic, floods, strikes, embargoes, blockades, legal restrictions, government regulations.
However, either Party shall be entitled to terminate this Agreement without compensation if the extension so caused causes a delay of more than 30 days. This termination must be notified to the other Party by registered letter.
Article 10 Jurisdiction and applicable law
Any dispute concerning the conclusion, validity, execution or interpretation of an agreement that binds BQM to a customer, will be subject to Belgian law. Only the courts of the administrative office of BQM are competent for this.
General information of the company