4net general terms and conditions of sale

Unless expressly and in writing stated, our offers are merely indicative and not binding, and are valid for a period of 14 calendar days. Every order placed binds the customer, but binds us only after written confirmation thereof. If the customer amends our offer, such amendments are only valid if 4net expressly confirms them in writing. Any inaccuracies in our order confirmation must, on pain of forfeiture, be notified in writing within 8 calendar days of the date of this confirmation. When a deposit is required, 4net will only commence execution of the order after payment of the deposit.

Unless otherwise agreed in writing, our samples, drawings, dimensions, weights and other data serve only as an approximate description of our products and any deviations thereof, of whatever nature, may never be invoked by the customer to refuse acceptance or payment, or to claim termination or damages. Likewise, 4net may never be held liable, except under a different written agreement, for the possible unsuitability of our products for the special purposes for which they are ordered. Special purposes means purposes that differ from normal use and of which 4net was not informed and for which 4net has not expressly confirmed suitability for this special purpose.

Unless otherwise agreed in writing, the stated delivery and execution periods are always approximate and never binding. In any event and except for gross fault on the part of 4net, delay may only give rise to compensation if 4net, after exceeding the agreed period and after a reasonable period following a written notice of default from the customer, fails to execute the order. In any event, the amount of this compensation shall never exceed 10% of the total price. Even if a binding period was agreed under penalty of compensation, in the event of external circumstances beyond our control (such as war, threat of war, unrest, fire or other destruction, total or partial stagnation in transport, illness among our staff or general labour shortages, strike in our company or elsewhere, business disruption or production failure, default by our suppliers, etc., this list is not exhaustive) we shall always have the right either to suspend delivery or execution until these circumstances have ended, provided that delivery or execution subsequently takes place within the agreed period, or to abandon execution of the order, without the customer being able to claim compensation.

Unless otherwise agreed in writing, all deliveries always take place ex works or ex depot, at our choice, and transport is always at the customer's expense. We charge a standard transport cost of € 15 per shipment.

Even if sold under a different place of delivery, franco or FOB (Incoterms 2020), the goods always travel at the customer's risk.

Ownership of the delivered goods only passes to the customer after the customer has paid us the full price (including any costs, interest and compensation). The customer may therefore in no way dispose of goods that have not been fully paid, and in particular may not pledge them to third parties or transfer ownership of them.

In the event of non-compliance with this prohibition, the customer owes a lump-sum compensation of 10% of the sales price (in addition to the sales price and any late payment compensation).

Regardless of the agreed payment terms, the customer authorises us at all times (i.e. before delivery or when continuing delivery) to require a bank guarantee for compliance with its payment obligations. As long as this guarantee has not been provided, we are entitled to suspend delivery or execution. The same applies as long as the customer has not fulfilled its payment obligations regarding deliveries or executions already carried out.

Our goods are subject to a warranty period of 1 year. The applicable warranty period always runs from the day on which the goods were delivered to the customer. The customer must inspect the goods and services immediately after delivery or have them inspected. The customer must adequately substantiate and report in writing to 4net all complaints regarding non-conformity or defects within 8 calendar days after delivery. Failing this, the delivery is definitively accepted. In the case of hidden defects, the customer must prove that these were present in the goods (not due to force majeure or faults of the customer or third parties) at the time of delivery.

If the complaint is found to be justified, 4net is only liable for free replacement or repair, without further compensation. 4net becomes the owner of the replaced parts or goods, which are returned at the customer's expense. If replacement or repair is not possible, 4net will refund the amounts paid, without being liable for any further compensation. Any liability for indirect damage is excluded.

When 4net processes personal data, this is done in accordance with its privacy policy.

Unless expressly otherwise agreed, 4net's obligations are obligations of means. The customer is itself responsible for the accuracy and completeness of the documentation and information provided by it. 4net can only be held liable for its own gross fault, excluding indirect damage (including loss of profit or loss of income) and claims by third parties against the customer. 4net's liability in any event remains limited to a maximum of the lowest of the following amounts: (i) either the amounts paid by the customer during the 6 months preceding the filing of the claim (ii) or an amount of € 500,000, regardless of whether the claim was filed on a contractual or extra-contractual basis. The customer indemnifies 4net against all claims by third parties that would be based on or related to the execution of the assignment. The customer indemnifies 4net against all (consequences of) claims by its customer for products delivered by 4net. 4net can in no event be held liable for the customer's failure to comply with legal obligations applicable to it or other obligations imposed on it by an administrative or judicial authority, or a deontological rule, professional rule or relevant custom.

All stated prices and costs are exclusive of VAT and other taxes, unless expressly stated otherwise.

Any price change is only possible with the (possibly tacit) agreement of the customer.

If 4net grants discounts to the customer for certain (consultancy) services, these apply only to the specific assignment (or part thereof). In no event, even if such discounts are granted repeatedly, will they entitle the customer to similar discounts for later assignments.

For prices expressed as a daily rate, the daily rate is deemed to apply to an average daily activity of 8 working hours performed and equal to 40 hours per week. If more than 40 working hours per week must be performed, the following rate increase will be charged (not combined):

• Hours worked > 40 hours/week: + 50%
• Hours worked between 22.00 and 7.00: + 100%
• Hours worked on Saturday: +50%
• Hours worked on Sundays or public holidays: + 100%

The customer must sign a worksheet for approval, using the forms provided for the hours account.

Unless otherwise agreed, an administration fee of € 50 will be charged for orders below € 125, and an administration fee of € 35 for orders below € 250.

Unless otherwise agreed in writing, payment of each invoiced amount, including tax, must be made in Mechelen, without cost to us and without discount, no later than 30 (thirty) calendar days after the invoice date.

When delivery is carried out in two or more parts, each part will be invoiced separately. The customer's payment obligations are not suspended by the submission of a complaint, even if apparently well-founded, regarding the goods in question or other goods.

For each amount not paid on the agreed due date, interest of 10% per year shall apply by operation of law and without prior notice of default. In addition, each unpaid amount shall, by operation of law and without prior notice of default, be increased by 10%, with a minimum of € 50, as lump-sum compensation, without prejudice to 4net's right to prove higher damage. If the customer fails to pay the amounts due within 7 (seven) calendar days after 4net's written notice of default, 4net is entitled to suspend execution of all current or future orders.

Whenever an order is terminated due to a default by the customer, the customer owes a lump-sum compensation equal to 60% of the (remaining) value of the order, without prejudice to our right to prove greater damage.

The parties shall not actively approach each other's employees (e.g. staff and independent service providers) involved in the execution of the orders with a view to their recruitment, from the start of execution of the order until 12 months after the end of that execution, unless the parties otherwise agree in writing. If a party nevertheless recruits an employee of the other party or uses that person's services, the first-mentioned party owes compensation equal to 6 months' remuneration (e.g. salary or otherwise) of the employee concerned.

The customer may not transfer the contract with 4net to third parties (in whole or in part, for certain rights or obligations), without the prior written consent of 4net.

These terms (and every agreement to which they apply) are subject to Belgian law, with exclusion of the Vienna Sales Convention. All disputes to which this agreement would give rise shall fall exclusively within the jurisdiction of the courts of the judicial district of 4net's registered office.

4net BV
Generaal De Wittelaan 7
2800 Mechelen – Belgium
Company number: 0507.925.652 RPR Mechelen
Tel.: +32 15 29 29 99
E-mail: info@fournet.be
Website: www.fournet.be