SELF-PRIMING CENTRIFUGAL PUMPS - SELF-PRIMING PUMPS For our current prices, go to www.mpi-pumps.com or scan the QR code 11 disputed part. The undisputed part of the relevant invoice must be paid in any case. Payments are allocated first to interest and liquidated damages, then to the principal amount (starting with the oldest outstanding debt). The Company is entitled to request securities to guarantee payments and may suspend its performance until it receives such securities. 13. Liability of the customer. The customer shall be liable, and shall indemnify the Company, for damage caused to the products by objects, walls, woodwork,... located on the sites of the work. If the delivered goods are installed by the Company, the customer shall communicate in advance all information regarding the ground, passages of pipes, ducts, electrical wires and telephone wires,... embedded in the ground, walls, partitions, floors and ceilings of the building or site location location of cables etc. For works exceeding the total amount of EUR 500,000, the customer is responsible for filing a declaration of site notification (“Check-In-At-Work”) and notifying the Company. The customer is also obliged to inform the Company of this mandatory registration before the commencement of the services so that the Company can pass on the “Check-In-At-Work” to the competent authorities. In case of negligence of this obligation by the customer, all costs and/or fines will be recovered from the customer. The Company cannot be held liable for any damage or destruction resulting from the customer’s failure to comply with these rules. If certain items are destroyed or damaged, the customer shall be liable for their repair (except in case of gross negligence and/or gross misconduct). In case of breach of agreement by the customer, the Company shall also be entitled, without prior notice, either to suspend its performance until the customer has remedied the breach or to terminate the agreement, without prejudice to the Company’s right to claim damages. Such damages shall be assessed at a flat rate of 30% of the remaining agreement value. The liability for damages shall be expressly limited to the amount paid out by the insurance company in the relevant case plus the Company’s deductible. If for any reason no payment is made under the insurance, the liability for damages shall be expressly limited to the invoice value of the goods on which the damages have been determined. The Company is entitled to have the damage assessed by an independent industry expert appointed by it. Liability for third parties appointed by the Company is expressly excluded. If a third party is appointed, the customer shall insure itself for it. The customer is liable, and indemnifies the Company against any claims by third parties, who suffer damage in connection with the performance of the agreement, regardless of the cause. Claims for damages must be brought by the customer before the competent court in accordance with article 20 within one year after the liability has been established. After that period, the right to compensation for damages expires. All claims for damages shall therefore lapse after the expiry of twelve (12) months counting from the day of the assertion of liability, if they are not brought before the court within this period. 14. Non-attributable non-performance. In the event of a non-performance of the agreement that is not attributable to a party, the party confronting with it must inform the other party thereof within five (5) business days of the incident in question, also indicating whether this non-performance is permanent or temporary. As non-attributable shall be considered: any event beyond the reasonable control of a party, such as (but not limited to) strike, lock-out, pandemic, sabotage, supply problems and/or shortages (even if due to supplier defaults), delays or interruptions in transport, fire, acts of war or terror, regulations or recommendations or directives of any government or administration, weather conditions, absence of personnel, technical breakdowns, etc. a) In case of permanent non-performance, the agreement shall be dissolved with immediate effect and without entitlement to claim damages. However, all services provided up to the notification of non-attributable non-performance shall become immediately payable. In the case of severable obligations, the agreement shall only be dissolved in respect of the part to which the non-attributable non-performance relates; b) In case of temporary non-performance, the party whose performance is rendered impossible shall communicate how long the non-performance will reasonably last and the agreement will be suspended. If this suspension exceeds three months, either party may terminate the agreement without any compensation being due. In case of severable obligations, the agreement shall only be suspended in respect of the part to which the non-attributable non-performance relates. 15. General regarding sanctions. The customer expressly waives the possibility of claiming the nullity of the agreement, requesting a price reduction, suspending its own performance and/or proceeding to offset claims, without the Company’s prior approval. 16. Intellectual rights. The customer acknowledges to fully respect the intellectual rights of the Company and refrain from any distribution, copying or imitation thereof. This applies both to the products and to all underlying documentation and specifications, know-how, CE-marking, trade secrets, even if they are not intellectually protected. The customer confirms and guarantees that data it communicates to the Company does not infringe any intellectual rights of third parties. Only upon payment of the amount due to the Company shall the customer acquire a right of use in respect of the foregoing. The customer shall not be entitled to use, reproduce, publish or disclose to third parties the documents referred to in this article other than for its own use without the Company’s prior written consent. In case of violation of the foregoing, the customer shall compensate the Company for the resulting damage. In such case, the Company may also claim restitution of the documents. 17. Transfer of agreement. The customer shall not be entitled to assign the agreement with the Company without its prior written consent to do so. 18. Personal data. Both parties agree that in the execution and application of the agreement, personal data will be processed in accordance with the applicable legislation on personal data protection. It is possible that, within the framework of the execution of the agreement, the Company may process the customer’s personal data. In particular, this includes personal information (name, address, telephone number, etc.), contact information (coordinates, e-mail address) and financial information (account number, method of payment, etc.). The Company will only process these personal data to the extent and to the extent necessary for the performance of the agreement and any legal obligation, after which the Company will delete these personal data. The Company shall process such personal data during the term of the agreement and a period of one (1) year after the end of the agreement, without prejudice, however, to relevant and applicable, regulatory retention obligations. The Company provides adequate guarantees with regard to the application of appropriate technical and organisational measures so that the processing of personal data complies with the requirements of the General Data Protection Regulation. The Company guarantees the security and confidentiality of this personal data. The Company will not transfer these personal data to third parties or, a third country or an international organisation, except pursuant to a legal obligation. To the extent that the Company relies on a processor to process the personal data, it shall ensure that such processor will be bound by the same obligations as described in this provision. The customer has, with regard to the personal data, a right of access, rectification, erasure, restriction of processing, transfer, objection or opposition under the conditions and modalities defined in the General Data Protection Regulation. The customer has the right to complain to the supervisory authority. 19. Nutility. In the event that any of the provisions of these terms and conditions should be found to be invalid, the provision in question shall be reduced or renegotiated to what is legally permissible and in line with the intention of the parties. 20. Settlement of disputes. In case of a dispute between the Company and the customer, this can only be submitted to the courts of the district of Antwerp, Hasselt division, which will exclusively apply Belgian law. The application of the Vienna Sales Convention and the rules of International Private Law are expressly excluded.
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