Terms & Conditions
GENERAL TERMS AND CONDITIONS
1.1. The delivery of goods always occur at the cost of the client. The client accepts separate deliveries.
1.2. In case of sale, the transfer of ownership occurs only after full payment of the total price.
1.3. In case the client does not make his complaint known via registered mail within 14 days after the delivery, he is deemed to have accepted the delivered hardware, software, or the provided service without any restriction or reservation.
2. Payment conditions
2.1. All prices indicated in the quotation or order form are in Euro and are exclusive of VAT and all other fees and charges.
2.2. All invoices are payable within 8 calendar days unless specifically agreed upon by Intermodal Telematics and the client.
2.3. Invoices can only be protested via registered mail and this within a period of 8 calendar days at the latest after the invoice date.
2.4. In case of incomplete, deficient, or tardy payment an interest of 12% shall, by law, be owed without prior notice.
2.5. In addition to the interest, the client is liable to pay a penalty fee of 10% of any invoiced payable amount with a minimum of 50 euros.
2.6. The client shall bear all costs for recovery of the invoices.
2.7. By virtue of incomplete, deficient, or tardy payment, Intermodal Telematics is authorized to suspend all its obligations, and this without paying any compensation fee, until the moment all owed amounts are paid. Intermodal Telematics can deactivate SIM cards and cut off web services, among other things. All costs pertaining to the deactivation and re-activation of SIM cards shall be borne by the client.
2.8. By virtue of incomplete, deficient, or tardy payment, the client is obligated, upon a simple request by Intermodal Telematics, to return undamaged all delivered hardware and this at the cost of the client.
3. Intellectual property rights
3.1. Every industrial, intellectual or other property rights on products created by Intermodal Telematics, its employees, consultants, or subcontractors in the context of the implementation of the contract, remain the exclusive property of Intermodal Telematics. The delivery of hardware, software, and services by Intermodal Telematics to the client does not in any way mean a transfer of any of these rights.
3.2. The client may neither directly nor indirectly transfer, pledge, lend, lease, rent or let a third party make use of purchased, rented, or leased goods without the prior and explicit permission of Intermodal Telematics.
4. Software licenses
4.1. In case the delivery of hardware or services requires the use of software, which is a property of Intermodal Telematics or when there is a license obtained, Intermodal Telematics grants to the client a non-exclusive, non-transferrable license to make use of this software. Intermodal Telematics can at any moment apply improvements to the software. The client may use the software solely for the purpose for which it was made.
4.2. The client may not copy, sell, lend, lease or in any other manner make the software available for use by a third party. He may not reproduce or in any other manner duplicate the software, except as back up of his own data, kept in the possession of the client.
5.1. Intermodal Telematics guarantees that the delivered goods and services conform, for a duration of 1 calendar year, to the description in the quotation or in the contract. The guarantee only applies to normal use. During this guarantee period the client has the right to charge-free repair or replacement (depending on the choice of Intermodal Telematics). The client shall inform Intermodal Telematics of the defect via registered mail and this within a period of 8 calendar days after the ascertainment of the defect.
5.2. In case of defect in hardware or software, Intermodal Telematics is exclusively liable to shoulder the costs of the repair or replacement of the hardware or software. If the client’s model is a dated one, Intermodal Telematics may deliver a newer model as replacement. The client shall bear all the costs for transportation and installation in case of repair or replacement.
5.3. All contractual obligations of Intermodal Telematics are commitments of effort.
6.1. Each party shall treat the information of the other party in strict confidentiality and shall not let this be known to third parties without the prior and explicit permission of the other party. Each party shall only make confidential information known to or for the use of its employees, consultants, subcontractors involved in the implementation of the contract.
6.2. Upon the end of the contract each party shall return all confidential information to the other party and this within a period of 8 calendar days.
7.1. The responsibility of Intermodal Telematics limits itself to 25% of the contract.
7.2. Intermodal Telematics cannot be held responsible for consequential damage, direct or indirect and this in the broadest sense of the word.
7.3. Intermodal Telematics cannot be held responsible for the misuse or the transformation of information by use of the internet.
8. Force Majeur
8.1. Intermodal Telematics cannot be held responsible for non fulfillment of its obligations in case of force majeur, such as telecommunication-, electricity-, and mechanical difficulties, failure, or circumstances beyond its control and involving its suppliers or third parties, interruptions,… without being limitative.
9.1. The contract can in no circumstance be terminated by the client earlier than the period agreed upon or which is indicated in the quotation or the contract.
9.2. Intermodal Telematics can dissolve the contract without being liable to pay any compensation fee in case of the non-fulfillment of the contractual obligations by the client and in case of settlement or bankruptcy of the client.
9.3. In case the client terminated the contract in an irregular manner, he is liable to pay the invoices for the rest of the remaining period.
10. The nullity or enforceability of one provision of the general terms and conditions in no way affects the enforceability of the remaining provisions of the general terms and conditions.
11. These general terms and conditions are subject to Belgian law. The Treaty of Vienna of 11 April 1980 concerning the international commercial agreements pertaining to moveable goods does not apply. In case of dispute, only the Commercial Court of Amsterdam bears authority