Terms and Conditions
This is only a indicative translation of the official BEMAS Terms and Conditions that are only available in Dutch or in French. In case of conflict the Duch version prevails.
Article 1. Application of these general terms and conditions
These general terms and conditions apply to seminars, study evenings, courses and other events organised by the Belgian Maintenance Association asbl (hereinafter referred to as "BEMAS"), to membership and membership fees, and to all other services or goods provided by BEMAS. The parties expressly agree that their contractual transactions shall be governed exclusively by these general conditions to the exclusion of all others and more specifically in the purchaser's/customer's order forms, notwithstanding any contrary stipulations.
Article 2 Orders
a. The client can register for the seminars, study evenings, courses or any other event, by mail, fax, e-mail or the BEMAS website. The registration is final from the moment the client receives a confirmation message from BEMAS.
b. We reserve the right at all times to cancel the client's registration for a seminar, study evening, course or any other event, in whole or in part, without the client being entitled to any compensation whatsoever. BEMAS also reserves the right to change the programme of the seminar, study evening, course or any other event when circumstances make this necessary, without the client being entitled to any compensation whatsoever.
c. Cancellation of a registration for participation in a BEMAS seminar, study evening, training or event is possible up to 15 days before the activity in question at no cost. After this date, a lump sum amounting to 35% of the participation fee will be charged. In case of a cancellation of an enrolment for a training course later than 7 days before the training in question, the full enrolment fee must be paid. Any cancellation or change must be made in writing by fax or e-mail. Absence from a seminar, training, study evening or any other event does not entitle you to a refund. However, it is allowed to replace the registered participant(s).
d. We reserve the right at all times to cancel all or part of the orders for goods placed by the buyer in the event that the goods ordered by the buyer would not be available from our suppliers, without the buyer being entitled to any compensation whatsoever.
e. The client may register as a BEMAS member by post, fax, e-mail or the BEMAS website. Membership is final from the moment the client receives a confirmation message from BEMAS and is valid for the current calendar year. It is automatically renewed each year and is terminable for the next calendar year. The membership fee is invoiced annually.
f. We reserve the right to cancel the orders taken when it appears that the buyer/customer is in default of his obligations, he has his signature protested, he requests postponement of payment or a judicial settlement, all or part of his goods are seized, he is placed in the rejected category by our factoring or credit insurance company, etc., or he is in one of the situations for which the law provides for the immediate exigibility of all debts in due course.
Article 3. Deliveries
a. If the buyer refuses to take delivery of ordered goods, we reserve the right either to demand the execution of the agreement in accordance with common law, or to regard the agreement as dissolved by operation of law after prior notice of default, in which case the buyer will owe us, by operation of law and without any prior notice of default, a fixed compensation of 25% of the sales price within 8 days of the notice of dissolution.
b. The goods are considered to have been delivered from our warehouses prior to dispatch. Dispatch of the merchandise and storage of the goods pending delivery or collection shall be at the buyer's risk. Unless stated otherwise, the transport costs are at the buyer's expense.
Article 4. Acceptance
a. The buyer must check the conformity of the delivered goods upon receipt. No complaint regarding the delivery shall be withheld if it is not made by registered letter within 5 days, and in any case before the use or advance sale of the goods.
Article 5 Liability on account of our deliveries and services
a. We are expressly released from any liability for direct or indirect physical or material damage caused during the delivery and use of the products sold by us.
b. Our obligation to indemnify with regard to defects in the delivered goods shall not extend beyond those of our supplier.
c. No warranty is given on the parts in glass, rubber, plastic, paper, carbon and other easily damaged materials.
d. BEMAS cannot be held liable in any way for the contents of semenaries, study evenings, courses or other events. Neither does BEMAS guarantee the correctness of the information offered on its semenaries, study evenings, courses or other events. BEMAS disclaims any and all responsibility for the effectiveness, completeness, legality, reliability, operability, or adverse consequences of the information offered or material shown during semenaries, study evenings, courses or other events. BEMAS disclaims any and all responsibility for any adverse consequences caused by the application of knowledge or information obtained at seminars, study evenings, courses or other events organized by BEMAS.
Article 6. Terms of payment
a. VAT and any other taxes that may be due at the time of invoicing will be borne by the buyer / client and added to the net price.
b. Invoices are payable in cash at our registered office or into a bank account in the name of BEMAS, unless otherwise stated on the invoice or other express agreement. The existence of a complaint does not relieve the buyer/customer of his obligation to pay the invoices within the agreed periods.
c. The protest against the invoice must be made in writing within 5 days of the invoice date. The number and date of the invoice must always be stated.
d. In the event of non-payment of the invoice on the due date, interest of 12% per annum will be due on the invoice amount as of this due date, ipso jure and without prior notice of default.
e. Without prejudice to the provisions of the previous paragraph, in the event of non-payment of the invoice on the due date, a fixed compensation amounting to 10% of the invoice amount, with a minimum of EUR 100, shall be due by operation of law and without prior notice of default. Expenses related to unpaid bills of exchange or cheques as well as all other collection costs are not included in this fixed compensation and will be charged to the customer separately.
f. In the event of non-payment or if it appears that the buyer/customer fails to meet his commitments, he has his signature protested, he requests a postponement of payment or a judicial settlement, all or part of his goods are seized, he is placed in the rejected category by our factoring or credit insurance company...etc. or he is in one of the situations for which the law provides for the immediate due and payable payment of all debts in the long term, we reserve the right to stop further deliveries, to withdraw his membership of BEMAS, and/or to refuse participation in the BEMAS activities. We also reserve the right to regard the agreement as dissolved by operation of law and without prior notice of default for the whole or the part not yet performed.
Article 7. Retention of title
a. Unless otherwise agreed, we retain ownership of all goods sold by us until they have been paid in full, including interest and costs.
Article 8. Competent Court
All amounts due are portable.
a. The buyer/client and BEMAS expressly agree to submit any contradiction, dispute or dispute to the Courts competent for the registered office of BEMAS.
b. Belgian law is applicable to all contracts. Bills of exchange or
accepted securities do not entail renunciation of both clauses. The acceptance of bills of exchange does not imply novation.