Except where expressly written to the contrary, the orders and the deliveries are subject to the general conditions stated below. Different conditions of the customer are under no circumstances contra distinct to XPLICIT whose general delivery - and payment conditions take explicit precedence in all cases.

Tenders are valid for 15 days as from the date of the offer and based on the information supplied by the customer. All prices are excluding VAT, unless specified otherwise. The customer is exclusively responsible for the specifications, numbers and indications given by him. Any mistakes in the tender application are therefore at the expense of the customer. Therefore prices supplied by XPLICIT are only an indicative title and with explicit reservation of inaccurate quotation, price increases and as long as the stock lasts.

The indicated delivery deadlines are purely indicative and late delivery can never result in breach of contract or result in compensation at the expense of XPLICIT.

All prices are excluding transport costs and insurance, unless the contrary has been stated explicitly. All transport is at the risk of the customer.

That provided by XPLICIT remains its property, as long as the invoices have not been satisfied entirely in principal sum, interest and damage condition.

Any complaints or shortcomings or protests against invoices must be delivered by registered letter under penalty of decline and inadmissibility within the 8 days after delivery or invoice date to XPLICIT, and give no right to suspension of payment with respect to the customer.

For hiring of material, the hiring begins at the moment that is declared on the signed order form. Hiring ends on the previously stated date without the tenant being able to call upon silent extension. If the material is not returned in time by the tenant, the tenant will pay agreed damage compensation equal to the price of the permitted hiring; the right of the hirer to claim higher compensation if this is proved remains undiminished. The tenant only carries the risk for loss and damage of that hired, during the entire hiring period, also during transport back and forth. Transport costs and loading costs are always at the expense of the tenant.

The tenant is obligated to arrange for an integrated insurance for the duration of the hire in order to cover all risks for and concerning the hired material. The hirer recognizes that the hirer will deliver goods in a perfect state of maintenance in every respect. Any complaints must be made clear to the hirer, under penalty of decline, within 24 hours after delivery, by registered mail. The tenant is responsible for returning the goods in the same perfect state as they were received. If there is a determination of damage without the tenant being present, the hirer will have a week of time as from the withdrawal to notify the tenant of his findings concerning damage or loss. The hirer does this by registered mail and the tenant can come to determine the damage within the 48 hours in a defended action, in the hirer's warehouse. After assessment in a defended action or if the tenant has not offered himself to this end within the 48 hours, the hirer can immediately proceed with the repair or replacement without the amount of the repair or the replacement being able to be disputed by the tenant in any way.

Compensation for loss or unusability of the material is always the value recalculated against the price which is current at the moment of the replacement.

If there is a dispute concerning loss or origin of damage, the tenant carries the onus of proof since he can be present at counting, delivery and end testing. The tenant is responsible during the entire hiring period for damage or the inconvenience which hired goods or the use of them can cause, even if this is not the fault of third parties. He will indemnify the hirer for each demand which is made against the hirer on the basis of damage caused with or by the hired goods.

Invoice Conditions:

• All invoices are cash payable at XPLICIT at the latest 30 days after invoice date, subject to a deviating expiry day mentioned on the invoice itself.
• In default of any complaint, registered after 8 days of the invoice date, the invoice is considered to be legally accepted and each protest is thereafter considered ipso facto as inadmissible, too late and non-existent.
• In the event of late payment, legally and without a summation or proof of default being required, a delay interest of 10% will be owed.
• The amount of the invoice which remained unpaid is augmented by law, under the name compensation, by 10% by a minimum of 50.00 EUROS and a maximum of 2,500.00 EUROS as from the date following the expiry day of the invoice, without any proof of default being required.
• The customer must be in the possession of original and valid licenses for all software on his computers and must be able to verify this to XPLICIT at any given moment.
• XPLICIT retains the right to refuse the installation or re-installation of software if the customer does not have the required licenses.
• In the event of non-payment within the proposed periods, XPLICIT retains the right to stop further deliveries without proof of default and at the same time the right to consider the right to further deliveries as dissolved, without proof of default for the whole or the yet to be performed part of the services.
• In the event of non-payment of one or more invoices or in the case of the creditworthiness of the customer coming into question, all other invoices become, irrespective of their expiry period, immediately claimable and payable.
• If specifications are made before carrying out repairs and the customer prefers not to carry out the repairs, the specifications costs can be charged at the expense of the customer.
• If material is brought in for repair and was not collected by the customer, then XPLICIT bvba will hold the client liable by registered mail and within 8 days collect the appliance or the material.
• Any storage costs will be charged to the customer.
• If, after a registered proof of default, materials or appliances are not collected within a month, the client loses.