Terms and Sales Conditions
Prices
Prices in force on the day of delivery. Commitments made by sellers are binding on us only after written confirmation from our company. The quantities sold must be taken in full. Otherwise, we shall be entitled to demand payment, by way of compensation, of an amount equal to the purchase value of the goods in question.
Execution
Delivery dates are determined according to our best prospects. If they are not met due to various circumstances, this cannot give rise to breach of contract, indemnification or refusal of payment. Under no circumstances can delay in the execution of an order entail a penalty or destruction of orders for us.
Shipments
They are made at the risk and expense of the buyer. Depending on the size and type of the shipment, administration and/or transport costs may be charged.
Complaints
To be valid, any complaint relating to a delivery must be sent to us within 48 hours of receipt of the merchandise, which, after the said period, will be deemed good. No complaint, submitted after this period will be accepted or considered. No returns will be accepted without prior agreement.
Payments
All our invoices are payable in cash and without discount according to agreements between the parties. Invoices not paid according to the payment term stated on the invoice may be collected by the Post Office/our collection company and in this case will be increased by collection/collection costs. Default interest at 12% per annum will be payable from the due date of the invoice. The date of the invoice and its receipt shall count as a regular reminder to run default interest. In the event of total or partial non-payment of the debt on the due date without serious reasons, after a fruitless notice of default, the debt balance will be increased by 12 % with a minimum of EUR 50, even if terms of respite are granted and without prejudice to the possibilities provided for in article 1244 of the Civil Code. In the event of non-payment, we shall be entitled to repossess the merchandise, while the buyer shall also be obliged to pay 25% of the price of the deliveries and compensation for the loss in value of the said merchandise for breach of contract as damages. The non-payment of an advance, or of the price according to the terms of a contract on the indicated and agreed day, gives rise if so jure to the demandability, since that day, of the entire debt. No dispute can lead to a refusal to pay invoices. The delivered goods remain our property as long as they have not been paid for in full.
Payment conditions Training
Each subscription has to be paid for at least 2 weeks before the training starts. If you subscribe within the two weeks before the training, proof of payment will be asked for. Your subscription must be paid before the training starts.
Rebates
Any rebate contract between Kappa Data and the customer will be drawn up by mutual agreement. The terms of the rebate contract are sent in writing via email and/or by post before the start of the period in which the rebate will apply. The contract is not legally valid until signed by 1 of the managing partners. The customer is given 6 months to send his invoice to Kappa Data after the expiry of the period to which the rebate applies. After these 6 months, the customer can no longer claim the rebate.
Jurisdiction
Any dispute arising between the parties can only be settled by the court of Ghent, for national as well as international disputes. The collection of debts by our company does not derogate from this clause.
Network services
For on-site interventions, the buyer is responsible for providing the correct information related to the requested intervention. If this information is not provided, the employee appointed by us will, if he deems it necessary and in consultation with the buyer, carry out a technical analysis beforehand. This analysis is subject to the same conditions on-site. We are not responsible for any loss of data.
Bugs/foundations in hard -and software
The Hard- and Software products of our brands/suppliers are provided “as is”, without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, warranty that the functionality contained in the Hard- and Software will meet the buyer’s requirements, to the extent not inconsistent with applicable law.
In no event shall Kappa Data be liable for any claim, damages or other obligation whether in breach of contract, tort or otherwise, arising out of, or in connection with, the Hardware and Software or the use thereof or other transactions involving the Hardware and Software. The Buyer undertakes to indemnify Kappa Data against claims in this respect emanating from the Buyer, the end customer or other third parties.
Claiming credit notes
Credit notes can be claimed by the customer up to the end of the third year in which the original invoice(s) were made. Thereafter, Kappa Data is not obliged to honour these credit notes.
MSP Billing
Kappa Data reserves the right to have the end user’s licences transferred to a new reseller/partner if the original customer (reseller/partner) has not paid its MSP invoices for a period of 3 months.