GENERAL TERMS AND CONDITIONS BV PLUVIO
Version 2024.01

1. Conditions of application
These general terms and conditions apply to all orders placed with Pluvio, with registered office at 8800 Roeselare, Rumbeeksegravier 166 box D.  
The general terms and conditions apply to any order placed by the customer with Pluvio. 

2. Quotes
2.1 All price calculations, quotations and other offers made by Pluvio are indicative only and are not binding. 
2.2 The prices and conditions on Pluvio's offers are only valid for a period of 30 days, unless otherwise expressly stated.
2.3 The agreement comes into effect only after written confirmation by the customer. 

3. Price 
3.1 All prices mentioned are expressed in euro, always excluding VAT. 
3.2 All taxes, duties and/or levies, of whatever nature, relating to the delivered goods or their transport, including new taxes, duties and levies that would be introduced after the conclusion of the agreement, are entirely at the customer's expense. 
3.3 An advance payment may be requested, in such case it will be so included in the quotation. Payment of advance invoices remains definitively acquired and can never be reclaimed by the customer.

4. Terms of payment
4.1 Unless otherwise stipulated, invoices are payable within 14 calendar days of the invoice date without entitlement to any discount in cash.
4.2 In case of late payment, interest of 1% per month started is due by right and without prior notice. In addition, in the event that the invoice remains unpaid in full or in part on the due date without valid reason, Pluvio is entitled to claim liquidated damages of 10% of the amount still due, with a minimum of 250 Euros, without notice of default. Without prejudice to the right of Pluvio to claim a higher compensation if the damage suffered is proven. 
4.3 Complaints relating to an invoice from Pluvio must be submitted by registered letter under penalty of cancellation within 10 calendar days of the invoice date. 
4.4 Pluvio reserves the right to suspend its services in case of non-payment at the due date of the invoice until the amounts due are paid in full.

5. Delivery
5.1 The delivery time communicated by Pluvio is always indicative and is purely indicative, unless otherwise agreed in writing between the parties. Merely exceeding the indicative delivery date does not in itself constitute a breach of contract. 
5.2 The goods are delivered to the agreed address, unloaded from the arriving means of transport. Pluvio bears the risk related to the transport. This risk passes as soon as the goods are unloaded at the agreed address. 
5.3 At the time of delivery, a delivery note is always signed by the customer authorizing receipt of the goods.   

6. Retention of title
Pluvio reserves ownership of the goods delivered and/or ordered and services provided and/or ordered until full and effective payment of the principal and interest, costs and taxes relating thereto, even if the goods are processed, used or resold. Risks of all kinds, including accident and force majeure, shall be borne by the customer from the time the goods leave the customer's premises. In case of non-payment on the due date, Pluvio is entitled to take back the goods at the customer's expense and Pluvio is entitled to assert its right to compensation.

7. Visible and hidden defects.
7.1 Any visible defects and non-conforming delivery must be stated in writing on the delivery note, with the customer describing the defects in detail. The use of the delivered goods by the customer implies their irrevocable acceptance. 
7.2 The liability of Pluvio for any hidden defects in the goods delivered by Pluvio is limited to defects that manifest themselves within 3 months after the delivery of the goods. Any hidden defects must be reported by the customer to Pluvio by registered letter immediately and at the latest within 8 calendar days after discovery of the defect, under penalty of forfeiture of recourse. 
7.3 Complaints due to visible or hidden defects do not suspend the payment obligation on the part of the customer.
7.4 Pluvio can under no circumstances be held responsible for any injury or direct or indirect damage of any kind caused by an incorrect operation or use of the parts. 

8. Intellectual property
Pluvio is and remains the sole owner of the intellectual property rights on the goods provided by Pluvio. The granted right of use on the Application does not imply under any circumstances a transfer of property rights on the Application.

9. Force Majeure and Unforeseeability

9.1 None of the parties is obligated to fulfill any obligation, including all warranty obligations agreed upon between the parties, if that party is prevented from doing so due to force majeure, especially but not limited to: natural disasters, epidemics, force majeure on the part of a Pluvio supplier, government measures, power outages, general transportation problems, fire, etc.

9.2 In the event that a fundamental change in economic conditions results in the execution of the agreement imposing an unreasonable or disproportionate burden on either party, the parties will engage in discussions to jointly agree on a fair adjustment of the contract.

10. Applicable Law and Jurisdiction

10.1 The contract between the customer and Pluvio is exclusively governed by Belgian law.

10.2 Any disputes regarding the validity, interpretation, or execution of the contract will be settled amicably to the extent possible. In the absence of an amicable resolution, the parties agree that only the courts of the judicial district where the seat of Pluvio is located, or the court of the customer's residence if the customer is a private individual, shall have jurisdiction.

11. Miscellaneous

Any provision (in whole or in part) that is invalid or unenforceable shall be automatically replaced by a new, valid, and enforceable provision that closely approximates the purpose (including economic consequences) of the collaboration and the text of the original provision.