Stal Ketelheide is located at 110 Groeneweg, 3090 Overijse,  Belgium,

and is a trade name of Fluva bv

For the purposes of these terms and conditions the following terms  shall have the meaning indicated below, unless expressly stipulated otherwise.

Fluva BV:

Fluva BV, company number: BE0793.394.177

24 Schapenweg, 3090 Overijse, Belgium 

Other party / customer:

The natural person or legal person which has instructed Fluva NV to provide services or supply goods.

General Commercial Terms and Conditions of Fluva BV

1. General and particular terms and conditions of the other party which contravene our general and particular terms and conditions shall not be binding unless expressly accepted by us in writing.  The other party shall be presumed to have read and accepted all our terms and conditions upon the commencement of our services or delivery of the goods.

2. Complaints about apparent defects and/or features not being compliant with the agreed specifications, which are not lodged immediately and not confirmed in writing within 8 days of receipt of the goods or service, shall be inadmissible in accordance with Article 1648 of the Civil Code. 

Complaints about latent defects which are not lodged immediately and not confirmed in writing within 8 days after detection thereof or after such time as the defect should have reasonably been detected, shall be inadmissible in accordance with Article 1648 of the Civil Code. The complainant shall at all times take such measures as necessary to limit the potential damage and to make an investigation possible in the presence of both parties. If this is not done, the liability of Fluva bv shall lapse.

After a period of three months as of the date of our delivery or service, we shall no longer be liable for defects in our products or services. Our liability for the quality of the goods shall lapse if our instructions are not followed. In any event, our warranty shall be limited, according to our choice, to the free replacement or compensation of goods or services recognized by Fluva bv to be defective.

3. War, mobilization, strikes, machinery failure, fire, disruptions in transport and other failures which hinder or limit the manufacture or shipping of goods, shall be considered as cases of force majeure and shall entitle us to cancel the agreement or to suspend the performance thereof without charge.

We may not be required to pay any compensation for costs, difficulties, replacements, loss or impossibility to deliver caused by restrictions or bans imposed by the Belgian or a foreign government.

The other party shall be required to safeguard us from the consequences of international, national, regional or sectoral restrictions or bans, of which they can be reasonably deemed to be aware, but did not inform us expressly and in writing when the order was placed or confirmed.

4. Our terms and conditions of delivery shall be confirmed only by way of indication and shall not be binding.  We guarantee neither the means of transport nor the terms within which the shipment is carried out. Any delay in delivery shall not entail entitlement to compensation or the dissolution of the agreement.

5. All goods shall be sent at the customer’s risk.  Unless specified otherwise in writing, transport costs shall be assumed by the buyer.

6. All our invoices shall be sent digitally.  

The general invoicing terms and conditions shall constitute the legal framework for all clients for their dealings with Fluva BV.

7. Terms of payment.  Our invoices shall be paid in Euro, as of right and without notice of default at 30 days of invoice date at the latest. Any transaction fees are payable by the customer.

If payment is not made in time,  the entire outstanding amount shall become due. In the event of non or partial payment, the customer shall be served a reminder and notice in succession. Point 9 in the notice served by registered letter shall describe the compensation and interest charged for late payment. Collection by court order shall ensue without further notice with the additional costs and interest for late payment charged to the customer.

8. Protest of and complaints about an invoice may be lodged within 8 days of the date of the contested invoice. Complaints will no longer be accepted after this period. The date and number of the invoice are to be mentioned at all times. 

Any and all disputes shall be referred exclusively to the Leuven district courts.

9. Compensation and interest for late payment

In the event of late or incomplete payment, interest for late payment and compensation shall be charged as of right.

The legal rate of interest (equal to the discount rate of the National Bank of Belgium) shall be charged as of the date on which the registered letter was sent. The outstanding amount shall moreover be increased by a flat-rate compensation of 15% of the invoiced sum with a minimum of €75.

If the case is transferred to our lawyer for additional consequence, these costs will also be recoverable.

10. All our agreements are governed by Belgian law.  All disputes as to the performance or interpretation of the agreements shall be referred exclusively to the Leuven courts, as well as to the Justice of the Peace, 1st canton, Zaventem.

If the other party is established or has its registered office abroad, we reserve the right to go to the courts of such locations.