Algemene voorwaarden

GENERAL TERMS AND CONDITIONS Ker Bolton

E-mail: info@kerbolton.com
Website: kerbolton.com

 

 

Definitions

 

1.    Ker Bolton: the commercial name of the company Ker Bolton BV, established in Antwerp, Belgium, with its registered office in Belgium and registered in the Crossroads Bank for Enterprises (CBE) under enterprise number BE0563.531.495.

2.  Customer: The party which Ker Bolton has entered into an agreement with.

3.  Parties: Ker Bolton and customer together.

4.  Party: Either Ker Bolton or Customer.

5.  Consumer: A customer who is an individual acting for private purposes.

6.   Terms and Conditions: These Terms and Conditions of Ker Bolton

 

Applicability

1.    These Terms and Conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Ker Bolton. 

2.  The Parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the Customer or of third parties.

3.  Parties can only deviate from these terms and conditions if they have both explicitly agreed upon in writing.

 

Offers and quotations

1.    Offers and quotations from Ker Bolton are without engagement, unless expressly stated otherwise.

2.  An offer or quotation is valid for a maximum period of 2 weeks from its date, unless another acceptance period is stated in the offer or quotation. 

3.  If the Customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will lapse.

4.  Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

 

Acceptance

 

1.    Verbal acceptance of the Customer only commits Ker Bolton after the Customer has confirmed this in writing (or electronically).

 

Prices

1.    All prices used by Ker Bolton are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise between Parties.

2.  Ker Bolton is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time .

3.  The parties agree on a total price for a service provided by Ker Bolton. This is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.

4.  Ker Bolton is entitled to deviate up to 10% of the target price. 

5.  If the target price exceeds 10%, Ker Bolton must let the Customer know in due time why a higher price is justified. 

6.   If the target price exceeds 10%, the Customer has the right to cancel the part of the order that exceeds the target price by 10%. 

7.   Ker Bolton has the right to adjust prices annually. 

8.   Ker Bolton will communicate price adjustments to the Customer prior to the moment the price increase becomes effective.

 

Payments and payment term

1.    Ker Bolton may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount. 

2.  The Customer must have paid the full amount within 7 days, after delivery.

3.  Payment terms are considered as fatal payment terms. This means that if the Customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Ker Bolton having to send the Customer a reminder or to put him in default. 

4.  Ker Bolton reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

 

Consequences of late payment

1.    If the Customer does not pay within the agreed term, Ker Bolton is entitled to charge  interest rates of 10% per month of the total order value (excl. VAT). and damages of 10% of the order value (excl. VAT) with a minimum of 250 EUR, which will be applied automatically.When the Customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Ker Bolton. 

2.  The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 

3.  If the Customer does not pay on time, Ker Bolton may suspend its obligations until the Customer has met his payment obligation. 

4.  In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the Customer, the claims of Ker Bolton on the Customer are immediately due and payable. 

5.  If the Customer refuses to cooperate with the performance of the agreement by Ker Bolton, he is still obliged to pay the agreed price to Ker Bolton. 

 

Right of recovery of goods 

1.    As soon as the Customer is in default, Ker Bolton is entitled to invoke the right of recovery with regard to the unpaid products delivered to the Customer.

2.  Ker Bolton invokes the right of recovery by means of a written or electronic announcement.

3.  As soon as the Customer has been informed of the claimed right of recovery, the Customer must immediately return the products concerned to Ker Bolton, unless the parties agree to make other arrangements about this. 

4.  The costs for the collection or return of the products are at the expense of the Customer.

5.  The Customer is responsible and liable for the good return of the products.

 

Right of withdrawal 

 If the goods are defective or  not conform the delivery note or order, the Customer may return the products to Ker Bolton at Ker Boltons costs. The Customer must return the products in the original state.
 

 

Suspension of obligations by the Customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Right of retention 

1.    Ker Bolton can appeal to his right of retention of title and in that case retain the products sold by Ker Bolton to the Customer until the Customer has paid all outstanding invoices with regard to Ker Bolton, unless the Customer has provided sufficient security for these payments. 

2.  The right of retention of title also applies on the basis of previous agreements from which the Customer still owes payments to Ker Bolton.

3.  Ker Bolton is never liable for any damage that the Customer may suffer as a result of using his right of retention of title.

 

Set-off

The Customer waives his right to set-off any debt to Ker Bolton.

 

Retention of title 

1.    Ker Bolton remains the owner of all delivered products until the Customer has fully complied with all its payment obligations with regard to Ker Bolton under whatever agreement with Ker Bolton including of claims regarding the shortcomings in the performance.

2.  Until then, Ker Bolton can invoke its retention of title and take back the goods. 

3.  Before the property is transferred to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the products. 

4.  If Ker Bolton invokes its retention of title, the agreement will be dissolved and Ker Bolton has the right to claim compensation, lost profits and interest.

 

Delivery 

1.    Delivery takes place while stocks last.

2.  Delivery of products ordered online takes place at the address indicated by the Customer. 

3.  If the agreed price is not paid on time, Ker Bolton has the right to suspend its obligations until the agreed price is fully paid. 

4.  In the event of late payment, the Customer is automatically in default, and hereby he cannot object to late delivery damages by Ker Bolton.

 

Delivery period

1.    Any delivery period specified by Ker Bolton is indicative and does not give the Customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

2.  The delivery period starts after the Customer has signed the agreement to Ker Bolton and is confirmed in writing or electronically by Ker Bolton to the Customer. 

3.  Exceeding the specified delivery period does not entitle the Customer to compensation or the right to terminate the contract.

 

Actual delivery

The Customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

Transport costs 

Transport costs are paid by the Customer, unless the parties have agreed upon otherwise.

 

 

 

 

Packaging and shipping 

1.    If the package of a delivered product is opened or damaged, the Customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Ker Bolton may not be held liable for any damage.

2.  If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport   failing which Ker Bolton cannot be held liable for any damage.

 

Insurance

1.    The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:

·     goods delivered that are necessary for the execution of the underlying agreement

·     goods being property of Ker Bolton that are present at the premises of the Customer

·     goods that have been delivered under retention of title 

2.  At the first request of Ker Bolton, the Customer provides the policy for these insurances for inspection. 

 

Storage 

1.    If the Customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the Customer.

2.  Any extra costs as a result of premature or late purchase of products are entirely at the Customer's expense. 

 

Warranty

1.     When parties have entered into an agreement with services included, these services only contain best-effort obligations for Ker Bolton, not obligations of results.

2.  The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 

3.  The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the Customer, or when the cause of the defect cannot clearly be established.

4.  The risk of loss, damage or theft of the products that are the subject of an agreement between the Parties, will pass on to the Customer when these products are delivered, at least are in the power of the Customer or of a third party who receives the product for the benefit of the Customer.

5.  The warranty period for the products is 3 years.

 

Performance of the agreement

1.    Ker Bolton executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 

2.  Ker Bolton has the right to have the agreed services (partially) performed by third parties.

3.  The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the Customer. 

4.  It is the responsibility of the Customer that Ker Bolton can start the implementation of the agreement on time.

5.  If the Customer has not ensured that Ker Bolton can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the Customer.

 

Duty to inform

1.    The Customer shall make available to Ker Bolton all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.

2.  The Customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. 

3.  If and insofar as the Customer requests this, Ker Bolton will return the relevant documents. 

4.  If the Customer does not timely and properly provides the information, data or documents reasonably required by Ker Bolton and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the Customer.

 

Confidentiality

1.    The client keeps any information he receives (in whatever form) from Ker Bolton confidential.

2.  The same applies to all other information concerning Ker Bolton of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Ker Bolton.

3.  The Customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret. 

4.  The obligation of secrecy described in this article does not apply to information:

·     which was already made public before the Customer heard this information or which later became public without being the result of a violation of the Customer's duty to confidentiality

·     which is made public by the Customer due to a legal obligation 

5.  The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof. 

 

Penalties 

1.    If the Customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Ker Bolton an immediately due and payable fine of € 1.000 if the customer is a consumer and € 5.000 if the Customer is a company, for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues. 

2.  No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article. 

3.  The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Ker Bolton including its right to claim compensation in addition to the fine.

 

Intellectual property

There will be no transfer of intellectual property rights between Parties.

 

Indemnity

The Customer indemnifies Ker Bolton against all third-party claims that are related to the products and/or services supplied by Ker Bolton. 

 

Complaints and defects

1.    The Customer must examine a product or service provided by Ker Bolton as soon as possible for possible shortcomings and no later than 3 days after delivery of the products or services

2.  If a delivered product or service does not comply with what the Customer could reasonably expect from the agreement, the Customer must inform Ker Bolton Within 3 days after the delivery of the products or services

3.  Consumers must inform Ker Bolton of this within two months after detection of the shortcomings.

4.  The Customer gives a detailed description as possible of the shortcomings, so that Ker Bolton is able to respond adequately. 

5.  The Customer must demonstrate that the complaint relates to an agreement between the parties.

6.   If a complaint relates to ongoing work, this can in any case not lead to Ker Bolton being forced to perform other work than has been agreed. 

 

Giving notice

1.    The Customer must provide any notice of default to Ker Bolton in writing.

2.  It is the responsibility of the Customer that a notice of default actually reaches Ker Bolton (in time). 

 

Joint and several Client liabilities

If Ker Bolton enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Ker Bolton under that agreement. 

 

Liability of Ker Bolton

1.    Ker Bolton is only liable for direct damages the Customer suffers if and insofar as this damage is caused by intent or gross negligence. 

2.  If Ker Bolton is liable for any damage, it is only liable for direct damages that results from or is related to the execution of this agreement.

3.  Ker Bolton is never liable for indirect damages, such as consequential loss, loss of  profit, lost savings or damage to third parties.

4.  If Ker Bolton is liable, its liability is limited to order value (excl. VAT).

5.  All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

Every right of the Customer to compensation from Ker Bolton shall, in any case, expire within 12 months after the event from which the liability arises .

 

Termination by Ker Bolton

Ker Bolton may terminate this agreement, in whole or in part, with immediate effect upon written notice to the Customer if:

a) the Customer fails to comply with or breaches any obligation under this agreement;

b) the Customer becomes insolvent, enters into a judicial reorganization procedure, becomes bankrupt, or is otherwise unable to meet its financial obligations; or;

c) Ker Bolton determines that information provided by the Customer relating to the products, order specifications, or compliance requirements is inaccurate, misleading, or incomplete.

 

Upon termination by Ker Bolton, all outstanding amounts owed by the Customer shall become immediately due and payable, and Ker Bolton shall have no further liability to the Customer.

 

Termination by Customer

The Customer may terminate this agreement upon written notice to Ker Bolton if:
a) Ker Bolton fails to perform its obligations under this agreement and does not remedy such failure within fourteen (14) days after receiving written notice;

 

Force majeure

1.    In addition to the provisions of article  5.226 Belgian Civil Code, a shortcoming of Ker Bolton in the fulfillment of any obligation to the Customer cannot be attributed to Ker Bolton in any situation independent of the will of Ker Bolton, when the fulfillment of its obligations towards the Customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Ker Bolton . 

2.  The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

3.  If a situation of force majeure arises as a result of which Ker Bolton cannot fulfill one or more obligations towards the Customer, these obligations will be suspended until Ker Bolton can comply with it. 

4.  From the moment that a force majeure situation has lasted at least 90 calendar days, both parties may dissolve the agreement in writing in whole or in part. 

5.  Ker Bolton does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 

Changes in the general terms and conditions

1.    Ker Bolton is entitled to amend or supplement these general terms and conditions. 

2.  Changes of minor importance can be made at any time. 

3.  Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

 

Transfer of rights

The Customer cannot transfer its rights deferring from an agreement with Ker Bolton to third parties without the prior written consent of Ker Bolton. 

 

Consequences of nullity or annullability

1.    If one or more provisions of these General Terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 

2.  A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Ker Bolton had in mind when drafting the conditions on that issue.

 

Applicable law and competent court

1.    Belgian law is exclusively applicable to all agreements between the Parties. 

2.  The court of Antwerp is exclusively competent in case of any disputes between parties, with exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) which shall not apply to this Agreement. 

 

Version January 2026