General terms and conditions

BIOCHECK.GENT BV

Version 03/08/2022

1. Biocheck.Gent BV: company offering products and services to measure, improve and support biosecurity on the farm with registered office at Pontbrouckstraat 15 9720 Dentergem (Belgium) with company number BE0777.638.409.
2. Customer: any natural or legal person who is not a consumer in the sense of Article I.1,1° of the Economic Code, and whereby consumer is understood to be "any natural person who is acting for purposes which are outside his trade, business, craft or profession".
3. Products: any goods or services that the Customer may licence from Biocheck.Gent BV.
4. Order: the set of services offered by Biocheck.Gent BV as described in the Quotation accepted by the Customer.
5. Quotation: the non-binding document and its attachments, if any, describing the products and services offered by Biocheck.Gent BV to the Customer, as well as the financial and other conditions on which these services will be provided.
6. Background knowledge: the information, data, know-how, materials, patent applications and patents in the same or in related fields as the assignment, owned and/or possessed by or controlled by Biocheck.Gent BV as well as the methodology developed, improved or supplemented with a new functionality by Biocheck.Gent BV in the framework of the execution of the assignment.
7. Results: the information and data in written, electronic or any other form and materials, which are directly created or become known in the execution of the Order.
8. Law of August 2002: the Law of August 2, 2002 on combating late payment in commercial transactions (B.S. 07.08.2002).

1. These General Terms and Conditions apply to all offers, quotations, orders, assignments and purchase-sales of Products & Orders between Biocheck.Gent BV and the Customer.
2. Biocheck.Gent BV makes these General Terms and Conditions available on its website https://biocheckgent.com, and refers to these General Terms and Conditions on its invoice.
3. The Customer acknowledges and accepts these General Terms and Conditions. These General Terms and Conditions always take precedence over the Customer's general terms and conditions, unless expressly agreed otherwise in writing between Biocheck.Gent BV and the Customer.
4. Biocheck.Gent BV reserves the right to amend these General Terms and Conditions at any time by publishing a new version on the aforementioned website. Any order placed by the Customer after the publication by Biocheck.Gent BV of this new version implies acceptance by the Customer of the last published version.
5. If Biocheck.Gent BV has allowed deviations from these General Terms and Conditions for a short or longer period of time, implicitly or not, this does not in any way affect its right to still demand direct and strict compliance with these General Terms and Conditions.

1. If a Quotation or any other offer from Biocheck.Gent BV has a limited validity period or is made under conditions, this will be explicitly stated.
2. Biocheck.Gent BV is only bound to the Quotation if the acceptance by the Customer is confirmed within 30 calendar days by e-mail or by digital signature.
3. The Quotation or any other offer from Biocheck.Gent BV will contain such information that it is clear to the Customer what the rights and obligations are that are connected with the acceptance thereof.
4. Advice, proposals and Quotations made by Biocheck.Gent BV are specifically addressed to the Customer. It is not permitted, without the permission of Biocheck.Gent BV, to make them available for inspection by other parties or to use them other than for the assessment of the offer.
5. Unless expressly deviated from, the prices of the Products communicated and/or published by Biocheck.Gent BV are always in Euros (€) and exclusive of VAT. Any increase in the VAT rate in the period between the order and the access to the Products/performance of agreed services will be borne by the Customer. Orders shall be invoiced at the prices and terms in effect at the time of acceptance of the order.
6. Biocheck.Gent BV is not bound by price indications that are obviously incorrect, for example in case of printing or language errors. The customer cannot derive any rights from unlawful price information.
7. Biocheck.Gent BV has the right to increase the price of the Products. The Customer will be informed of this by means of the Quotation and on the invoice.
8. The Customer cannot claim a discount in case of cash payment.

1. Biocheck.Gent BV will execute the agreement to the best of its knowledge and ability. If and as far as a good execution of the agreement requires, Biocheck.Gent BV has the right to have certain activities carried out by third parties.
2. The Customer shall ensure that all information indicated by Biocheck.Gent BV as being necessary is provided in good time. If the data necessary for the execution of the agreement are not provided in due time to Biocheck.Gent BV, Biocheck.Gent BV has the right to suspend the execution of the agreement and/or to charge the customer for the additional costs resulting from the delay.

1. Each invoice from Biocheck.Gent BV to the Customer shall state at least the invoice number, the purchase price of the Products and the applicable VAT rate.
2. Unless otherwise stated, it shall be due and payable within 30 calendar days of the invoice date to the account number of Biocheck.Gent BV with IBAN no. BE84 7330 6313 0559.
3. For invoices which are paid online (credit card), upon request by the Customer, an administrative fee of 5% will be charged on the total principal amount.
4. In case of late payment by the Customer, late payment interest will be due in accordance with article 5, paragraph 1 of the Law of August 2, 2002. This late payment interest shall commence ipso jure as from the day after the due date of the invoice, and therefore without the need for prior notice of default. The default interest amounts to 15% per year and is calculated until the day of full payment of the principal sum.
5. In case of late payment by the Customer, Biocheck.Gent BV is also entitled to the reimbursement of the costs of recovery in accordance with article 6 of the Law of August 2, 2002. The extrajudicial recovery costs amount to 15% of the principal amount of the outstanding invoice. The judicial collection costs are equal to the actual costs borne by Biocheck.Gent BV.
6. In case of late payment by the Customer, the amount due will be increased, ipso jure, and therefore without the need for prior notice of default, by a fixed compensation of 10% of the principal amount, with a minimum of €25,00.
7. A payment shall always be charged to the oldest outstanding invoice.
8. If the invoice is addressed to a third party at the Customer's request, the Customer remains obliged to pay the invoice amount if the third party for any reason fails to pay the invoice in question in time and in full.
9. In the event of late payment by the Customer, Biocheck.Gent BV is entitled to suspend the services to which the invoice applies until payment is made and this without prior warning. Moreover, in such a case the customer will no longer be allowed to refer to these services.
10. In case of non-payment of the invoice, Biocheck.Gent BV can call upon the services of Unpaid.be if the conditions are met.
11. The non-payment on the due date of a single invoice, makes the balance due of all the other invoices, even those not due, immediately due and payable by operation of law.

1. If, for any reason, the Products or Orders do not correspond to the Customer's order, or if they are defective, the Customer must protest in writing about the delivery within seven working days at the latest, failing which the Customer shall be deemed to have accepted the delivery unconditionally and definitively. The burden of proof of the aforementioned written and timely protest lies exclusively with the Customer.
2. There is no question of a lack of conformity and/or any other defect within the meaning of this article if (i) the defect is the result of accidents, negligence or misuse by the Customer, or (ii) the Customer was aware of this defect prior to the delivery or should reasonably have been aware of it and has nevertheless agreed to it.
3. Biocheck.Gent BV shall not be obliged to indemnify the Customer for hidden defects of which it was unaware. However, Biocheck.Gent BV shall be deemed to know the defects with which the Products are alleged to be afflicted, unless it proves that it did not know of them or could not reasonably have known of them.

1. Biocheck.Gent BV cannot be held liable for damage to persons, goods (including the Products), animals, services, etc., that would result in a direct or indirect way from the Results and/or Products, except in the case of fraud or deceit.
2. Biocheck.Gent BV is not liable for damages of any kind, because Biocheck.Gent BV has assumed incorrect and/or incomplete data provided by the Customer, unless such incorrectness or incompleteness should have been known to Biocheck.Gent BV.
3. Biocheck.Gent BV will render its services to the best of its abilities in accordance with the rules of the art applicable in the field where the order is situated. Biocheck.Gent BV does not guarantee the result and does not give any guarantee about the originality, the completeness or the suitability of the results for a specific purpose.
4. This Agreement does not affect Biocheck.Gent BV's rights to its Background Knowledge in any way; therefore, the Customer cannot assert any rights to Biocheck.Gent BV's Background Knowledge under this Agreement. The Customer shall at all times consider Biocheck.Gent BV's Background Knowledge to be confidential information.

The contractual relationship between Biocheck.Gent BV and the Customer is exclusively governed by Belgian law. Any dispute falls under the exclusive jurisdiction of the Dutch-speaking Courts of the judicial district of Ghent.