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Terms and conditions

1. Prices

Our prices exclusively include the delivery of the equipment. Transport and installation are charged extra and are carried out at the buyer’s risk.

2. Delivery

Delivery dates are provided for information purposes only and are not binding. If we fail to meet our commitments regarding the time and place of delivery, the buyer may only demand the cancellation of the agreement — without any form of compensation — and only after an additional period of at least one month has elapsed from the date of a notice of default sent by registered letter.

3. Conformity

3.1.

The conformity of the equipment with the agreement is assessed based on the condition in which it leaves our warehouses.

3.2. Determination of defects and complaints

a. The buyer must inspect the equipment, or have it inspected, at our warehouses on the established delivery date.
If the buyer is not informed of the exact delivery date, they must inspect the equipment, or have it inspected, no later than the third working day after delivery.

b. The buyer must report any complaint by registered letter, no later than the third working day after the discovery of the defect, or no later than the third working day after they should have discovered the defect, and in any case no later than the sixth working day after delivery.

c. If the defect could not be determined during inspection, the buyer may still invoke this defect provided that they report it by registered letter no later than the working day following its discovery. In any case, the buyer loses this right if they do not complain within one month after delivery.

d. The buyer’s complaint must contain a clear description of the defect.

e. Any warranties exclusively cover the replacement of defective parts or the repair of faulty assembly. For this purpose, the equipment must be delivered to our business location free of charge.

3.3. Consequences of non-conformity

a. If the buyer submits a complaint in a timely and correct manner, we may fulfill the agreement as stipulated in b., terminate the agreement, or reduce the price.

b. If we choose to fulfill the agreement, we may do so by repairing the defect, delivering conforming equipment, or providing additional parts.

c. If we fail to restore conformity within one month after receiving the complaint, we are obliged — at our discretion — to terminate the agreement or reduce the price in proportion to the reduction in value of the equipment.

d. Three months after submitting the complaint, the buyer loses the right to invoke the defect, including as a means of defense.

4. Payment

a) Invoices from Energy Labs.AI must always be paid by the buyer at our business location within the period stated in the quote, order confirmation, or agreement. If nothing has been agreed upon, a payment term of 30 days after the invoice date applies.

b) If payment is not made in full within this period, Energy Labs.AI is automatically and without notice of default entitled to interest as provided for in Article 5 of the Law of 02/08/2002, which is hereby contractually extended to all transactions with non-traders, with a minimum of 12% per year. A month that has started always counts as a full month.

c) By failing to pay on time, the buyer acknowledges having committed a contractual error and having caused damage. This damage, including the collection costs as referred to in Article 6 of the same law, is fixed at a flat rate:
1/ Extrajudicial collection costs:

  • 15% on the outstanding balance, minimum €75, on the portion up to €2,500

  • 10% on the portion between €2,500 and €12,500

  • 5% on the portion above €12,500
    This is increased by €13 per reminder and any stamp duties.
    If Energy Labs.AI engages third parties for amicable collection, these costs will be passed on.

2/ If legal action is necessary, the buyer must reimburse all legal costs, with a minimum equal to the costs for material acts determined by the King (Article 1022 Ger. W.).

d) Payments are always first deducted from the interest due, then from compensation and collection costs, and only then from the oldest outstanding invoices, regardless of any comments from the buyer. In the event of late payment, Energy Labs.AI may declare all granted discounts invalid and reclaim them.

e) If the buyer does not pay within the set period, Energy Labs.AI may either demand payment of the price and additional amounts, or terminate the agreement. In the latter case, the buyer owes compensation of 30% of the agreed price, without prejudice to proof of higher damage and additional collection costs.

5. Transfer of Risk

The risk passes to the buyer as soon as the equipment leaves our warehouse, and at the latest upon delivery if not delivered ex-warehouse. If delivery is delayed due to an error by the buyer, the risk passes on the date on which delivery should normally have taken place.

6. Transfer of Ownership

Ownership of the delivered equipment only passes to the buyer after full payment of the price.

7. Liability

Under no circumstances are we liable for direct or indirect, material or physical damage that the buyer or third parties may suffer due to, among other things, defects in the equipment or shortcomings in the delivery.

8 & 9. Disputes and Applicable Law

All disputes relating to this agreement shall be finally settled in accordance with the Mediation and Arbitration Rules of CEPINA, by one or more arbitrators appointed in accordance with these rules.
Judicial collection of our claims can only take place before the courts of the district of our registered office, unless we choose another competent court.

Only Belgian law is applicable.