Last updated: 17/08/2024

1. General

1.1 These terms and conditions apply to all offers, quotations, and agreements issued by MPS Belgium BV, located at Leeuwerikweg 9, 3140 Keerbergen, Belgium.

1.2 By using our services or placing an order, you agree to these terms and conditions.

2. Definitions

2.1 In these terms and conditions:

• Client: The natural or legal person using the services of MPS Belgium BV.
• Services: All services offered by MPS Belgium BV, including metalworking, quotations, and other related work.

3. Offers and Quotations

3.1 All offers and quotations by MPS Belgium BV are non-binding, unless explicitly stated otherwise.

3.2 Quotations are valid for the period specified in the quotation. If no period is stated, the quotation is valid for 30 days.

4. Agreement and Cancellation

4.1 An agreement is concluded once MPS Belgium BV confirms the Client’s acceptance of the quotation in writing.

4.2 Changes or additions to the agreement are only valid if agreed upon in writing.

4.3 Any cancellation by the Client must be made in writing and is only valid upon written acceptance by us. Any additional costs caused by the cancellation will be assessed in mutual consultation, and an appropriate financial compensation will be determined.

5. Prices and Payment

5.1 Unless stated otherwise, all prices are in euros and exclusive of VAT and any applicable taxes or levies. Unless otherwise explicitly stated in the quotation and/or order confirmation, prices exclude (where applicable): transport costs, insurance, packaging, installation, technical support, travel expenses, and after-sales service.

5.2 Payment must be made within 30 days from the invoice date, unless otherwise agreed.

5.3 In case of late payment, the Client is automatically in default and MPS Belgium BV is entitled to charge the statutory commercial interest.

5.4 MPS Belgium BV has the right to invoice for the entire delivery or to invoice in partial deliveries.

5.5 Invoices not disputed in writing by registered mail within eight calendar days after being sent will be deemed accepted.

5.6 Payments must be made by transfer to the account number and with the reference stated on the invoice.

5.7 MPS Belgium BV has the right to withhold delivery of any products in its possession for the Client until all due payments have been settled in full.

5.8 In case of default on the due date (cf. Art. 5.1), all outstanding amounts become immediately payable, regardless of agreed payment terms. Each unpaid invoice will accrue interest of 12% per year from that date, without prior notice. Any granted discounts will also lapse.

5.9 Delivered goods remain the property of MPS Belgium BV until full payment of the relevant invoices, including any related costs, taxes, late payment interest, and fees. In the event of non-payment by the due date, MPS Belgium BV has the right to reclaim the goods.

6. Delivery and Performance

6.1 Delivery of products and services takes place at the agreed time and place.

6.2 The Client is obliged to accept the goods when made available.

6.3 If the Client refuses acceptance or fails to provide necessary information or instructions for delivery, MPS Belgium BV may store the goods at the Client’s expense and risk.

6.4 Delivery times are provided for information only and without any binding commitment, guarantee, or liability by MPS Belgium BV. Delays in delivery do not entitle the Client to any compensation, discount, or cancellation, unless in cases of deliberate delay. MPS Belgium BV reserves the right to make partial deliveries.

7. Complaints and Returns

7.1 To be valid, complaints must be submitted in writing within eight days of delivery.

7.2 No goods may be returned without written consent from MPS Belgium BV.

8. Liability and Warranty

8.1 MPS Belgium BV is not liable for any damages arising from the use of delivered products or services, unless in cases of intent or gross negligence.

8.2 Our warranty is limited to replacement of the component, or refund if replacement is not possible. MPS Belgium BV is not liable for any direct or indirect damages suffered by the Client.

8.3 In the event of liability, compensation is limited to the invoice amount of the relevant delivery.

9. Force Majeure

9.1 MPS Belgium BV is not liable for delays or failure to fulfill the agreement due to force majeure.

9.2 Force majeure includes any circumstance beyond the control of MPS Belgium BV that temporarily or permanently prevents performance of the agreement.

10. Intellectual Property Rights

10.1 All intellectual property rights related to the products and services provided by MPS Belgium BV remain the property of MPS Belgium BV, unless otherwise agreed in writing.

11. Governing Law and Jurisdiction

11.1 All legal relationships involving MPS Belgium BV are governed exclusively by Belgian law.

11.2 Disputes will be submitted to the competent court in the judicial district where MPS Belgium BV is located.

12. Changes and Additions

12.1 MPS Belgium BV reserves the right to amend or supplement these terms and conditions.

12.2 Any changes will be communicated to the Client at least 30 days before taking effect. If the Client does not accept the changes, they have the right to terminate the agreement as of the effective date of the new terms.

Contact

For questions about these terms and conditions, you can contact us at:

• Email: info@mps.be
• Phone: +32473255604