Terms and Conditions

The company LevelFour, a micro-enterprise with the VAT number: BE0737.670.944

8 Avenue Eiffel
1300 Wavre
Belgium

Telephone: 010 222 140
Email:info@levelfour.be

1. Applications: These general terms and conditions apply to all orders entrusted to us. Together with the stipulations of the order and any specific conditions, they form the sales agreement. By signing the agreement or the order form, or by accepting the order confirmation, our client expressly acknowledges having read and accepted these general terms and conditions. These general terms and conditions apply to all contracts concluded, even verbally, within the framework of business relationships following an initial order.

2. Derogations: Only derogations that are subject to a written agreement from us can modify the application of these general terms and conditions of sale.

3. Exclusions: Unless expressly and in writing agreed by us, the general terms and conditions of purchase and sale stated on any documents issued by our clients shall not be binding on us. The contract is always deemed to be concluded under our own terms, and the acceptance of an order does not imply our agreement to the client's purchasing conditions. The client therefore expressly declares to irrevocably waive the benefit of their own conditions in the context of the relationships established between the parties, including in future relationships, unless expressly and in writing agreed otherwise.

4. Offer: Unless otherwise stated in writing by us in our offer, we reserve the right to modify it as long as it has not been accepted in writing by our client, particularly in the event of an increase in the price of raw materials and/or labour during the validity period of the offer. Under no circumstances can we be held responsible for any modifications made to it. Commitments made by agents and representatives of our company bind the latter only after written ratification on its part. Such commitments are therefore systematically, and unless otherwise agreed in writing, subject to a suspensive condition.

5. Orders: Any specifications submitted by the buyer are used solely for documentation purposes and cannot be invoked against us. Any order entrusted to us is only binding after verbal and/or written confirmation from us. The place of conclusion of the contract will therefore always be the location of our company's registered office. Any modifications made by the client to their order form or to our offer will only be valid if we have accepted and confirmed them in writing. Any claims due to possible or alleged inaccuracies in our order confirmation must, under penalty of forfeiture, be sent to us in writing and/or by registered mail within 8 days of confirmation. The cancellation by the client of any of their orders not yet in execution must be sent in writing. If the cancellation of the order occurs after we have ordered the raw materials, we reserve the right, as applicable, to either continue the execution of the contract or to claim a flat-rate and irrevocable compensation equal to 50% of the order amount, this compensation being intended to cover, in addition to the costs stipulated above, any penalties towards our suppliers or the forced acquisition of the raw materials subject to the cancelled agreement. No cancellation will be accepted once the manufacturing process has begun or once we have acquired the finished products intended for the client.

6. Delivery or completion times: The times indicated in our offers are provided purely as a guideline and do not constitute any commitment on our part. If a deadline is imperative and conditions an order, it must be clearly specified as such on the order form (express mention of the terms "Conventionally imperative deadline"). Even in this latter case, the buyer cannot claim compensation for delays in delivery or completion unless it has been previously set in writing, and the amount of this compensation may never exceed 10% of the total price of the order. In all cases where a mandatory delivery or completion deadline, accompanied by a penalty, has been agreed upon, exceptional circumstances or force majeure, such as war, civil unrest, fire, transport paralysis, strikes, failures of our subcontractors or suppliers, etc. (this enumeration is not exhaustive), grant us the right either to revise our deadlines or to withdraw from the contract without the buyer being able to assert any right to compensation.

7. Deliveries - Transport: Goods subject to a contract must be collected by the buyer at our company's headquarters within the specified timeframe. If delivery is conventionally our responsibility, this obligation must be explicitly stated in writing on the order form, specifying the delivery location. Our deliveries are carried out by means of our choice, unless otherwise agreed in writing. In the case of delivery by us, the goods travel at the customer's expense, risk, and peril, except in cases of fraud on our part.

8. Retention of title clause: The seller retains ownership of the goods sold until full payment of the price and its accessories (any additional costs, interest, and penalties). Consequently, the buyer expressly prohibits themselves from selling, transferring, pledging, and generally alienating the goods subject to the contract, before settling their account, under penalty of being prosecuted for infringement, notably under articles 491, 521, 522, and 523 of the Penal Code.

9. Payments: All our prices are quoted inclusive of VAT. Orders are deemed to have been placed at our headquarters, and our invoices are payable at the same location, without discount. The amounts owed by our clients are therefore conventionally portable and not subject to demand. Accepted or non-accepted bills of exchange, or promissory notes, do not constitute either novation or derogation from this clause. Payment must be made according to the details on the invoice, at no cost to us, VAT included, and within the stipulated timeframe. Unless otherwise indicated, payment must be made in full, without delay. Claims do not suspend the buyer's payment obligations, and the latter expressly declares to waive raising the exception of non-performance against us for any reason whatsoever, even in the case of successive contracts.

10. Guarantee provisions and suspension of delivery: Regardless of the agreed payment terms, the buyer authorises us, if necessary, to request a bank guarantee or other security for the fulfilment of their payment obligations prior to delivery. As long as the buyer has not provided this guarantee, we shall be entitled to suspend any subsequent delivery. The same shall apply in the case of successive contracts, as long as the buyer has not fulfilled their payment obligations related to previous deliveries. We also reserve the right, in the event of non-payment or late payment of an invoice, to cancel deliveries or work yet to be carried out, without the client being entitled to claim any compensation. In this case, the client shall owe us the penalties stipulated in Article 5 of these general conditions.

11. Forfeiture clause: In the event of non-payment of an invoice that has become due, the seller is entitled to invoke the forfeiture of the term provided for other invoices that are not yet due, and this without prior notice and by operation of law. Consequently, the totality of the outstanding invoices (principal and accessories) shall become payable.

12. Default of payment:Any amount unpaid at its due date will automatically incur, without prior notice, a conventional late payment interest equal to the legal rate increased by 5% (for example, 7% + 5% = 12%) per annum from the due date of the invoice. Furthermore, any amount unpaid at its due date will automatically be increased, without prior notice, by a fixed and irrevocable conventional compensation of 10% of the remaining balance due, with a minimum of €75, without prejudice to any other damages and/or interest. A conventional interest at the predefined rate will also apply to this penalty clause, from the due date of the invoice until full payment is made. Any partial payment will be allocated first to costs, then to overdue interest, and finally to the principal, in accordance with Article 1254 of the Civil Code, notwithstanding the content of any statement and any prior intermediate allocation communicated. The above-mentioned 10% penalty clause may also be claimed by the consumer as defined by the law of 14.07.1991 in the event that the seller fails to deliver the goods or fails to carry out the work subject to the agreement.

13. Resolution - Termination:The preceding stipulations do not contain any waiver of our right to claim, at our discretion, in the event of non-payment or non-compliance by our client with their contractual obligations, the resolution or termination of the sale with the allocation of damages. In this case, the buyer will not be liable for the compensation stipulated in Article 5 of these general conditions.

14. Warranty - Claims:In the event of a defect in the product or service provided, our company will be obliged, at its sole discretion, either to repair, or to grant a credit note for depreciation, or to deliver flawless spare parts, to the exclusion of any damages whatsoever. Our liability cannot be engaged in the event of a client error. Claims are only admissible if they have been addressed within three days of delivery, by telephone or, if necessary, by registered letter to our registered office. If the claim is recognised as justified, by ourselves if it concerns work, or by our supplier if it concerns a defect in parts, our obligations will be limited exclusively to the replacement or free repair of the goods, without us being liable for any compensation, of any kind, direct or indirect, except in the case of fraud or gross negligence resulting from our liability.

15. Assignments:It is expressly agreed that our company may at any time assign its rights arising from this contract to a third party, the acceptance of these terms automatically and in advance constituting the client's agreement to the assignment or novation. If the client wishes to contest this legal operation, they must inform the assignor and the assignee by registered mail or by bailiff, within 3 calendar days of becoming aware of the legal operation. Failing this, their silence will confirm the prior agreement in principle contained herein.

16. Jurisdiction and applicable law:Any dispute relating to the interpretation or execution of the contract is the exclusive jurisdiction of the courts of Nivelles, the courts of the place of conclusion of the contract and the place of collection of the goods. The contract is deemed to be concluded under Belgian law, the only law applicable to the contractual relations between the parties, notwithstanding any foreign criteria related to the contract.