Unless agreed otherwise NSI is only bound to its own order form and/or order confirmation and present conditions, expressly excluding the Client’s own contractual conditions.
All stated delivery times are to be used for information purposes only. The delivery of goods will take place ex works from Bilzen (Belgium). From this point all of the risk associated with the goods is transferred to the Client. Transport of the goods will always occur at the Client’s own risk and expense.
NSI only has an obligation of best efforts for the delivery of services. It is the Client’s obligation to provide proof that NSI did not take the necessary care which could be expected when providing services.
NSI exclusively retains the intellectual property rights attached to the goods/services it delivers to the Client.
The Client is exclusively responsible to ensure that its products are compatible with NSI products. NSI bears no responsibility for this.
All invoices are payable 30 days after the invoice date. Payment has to be made to the registered offices of NSI at Bilzen (Belgium). The goods remain the exclusive property of NSI as long as they remain unpaid. All unpaid invoices will be increased, by law and without formal notice, by an interest based on the reference interest rate increased with an additional 7 percentage points and rounded-up to the highest half a percentage point (art. 5, Act 02/08/2002) from the due date. In addition, all unpaid invoices will be increased, by law and without formal notice, by a fixed interest rate for compensation set at 10% of the outstanding amount on the invoice, except when the real collection charges – including the costs for legal aid – are higher (art. 6, Act 02/08/2002).
NSI provides a guarantee for the reliability of the goods/services it delivers for a period of 12 months following delivery. In the event of a faulty delivery demonstrated by the Client, NSI will either exchange the faulty goods, or provide the services again, or credit the corresponding invoice, at its own discretion. NSI’s guarantee obligations are strictly limited to the above and will expire in all cases if the defects were caused by normal wear-and-tear and/or the Client’s and/or third parties’ behaviour.
Irrespective of its entitlement to compensation for damages, NSI is entitled to either postpone or rescind the agreement by law by merely sending a registered letter to that effect, in the event of the Client’s failure to pay on a single due date, or failure to fulfil any other contractual obligation.
This transaction is governed by Belgian law. In the event of a dispute the courts of law of Tongeren (Belgium) have exclusive jurisdiction with the understanding that NSI is entitled to pursue the dispute through the courts of law where the Client’s registered office is established or where the Client resides.