Article 1: definitions
In this agreement the following definitions apply:
* guarantor: Cruysberghs Chemical bvba;
* seller: the person who has obtained from Cruysberghs Chemical bvba the right to deliver and process products;
* buyer: every third party who purchases products;
* Products: REAXYL, BASF, PCI and similar products supplied and written approved products Cruysberghs Chemical BVBA;
* the work: the object where products have been processed or applied to.
* REAXYL, BASF, PCI - sealing systems: sealing construction built up with products supplied by Cruysberghs Chemical bvba in the manner prescribed by Cruysberghs Chemical bvba by sellers in the Benelux.
* the functioning: the preservation of the technical functionality of the materials used as prescribed by Cruysberghs Chemical bvba.
Article 2: scope of the guarantee
2.1 Cruysberghs Chemical bvba guarantees the functioning of the used materials for 10 years, unless otherwise stated.
2.2 The work must be carried out with a material from Cruysberghs Chemical bvba that meets minimum standards and is also carried out by a salesperson who is currently certified by Cruysberghs Chemical bvba.
2.3 After 7 years, an inspection report must be submitted to Cruysberghs Chemical bvba, showing that an insured 10-year warranty is justified. If it appears from this report that improvements have to be made to this effect, these must actually take place, as evidenced by consultation of the memorandum on improvements. If this is not met, the coverage of the guarantee will lapse.
2.4 The supply and installation of REAXYL, BASF, PCI and similar products must be effected by a seller of REAXYL, BASF, PCI and such products to be designated by Cruysberghs Chemical bvba using exclusively products supplied by Cruysberghs Chemical bvba.
2.5 The Buyer is only entitled to compensation if the Buyer demonstrates that (a) defect (s) is / are the direct consequence of bad quality or a serious error in the execution.
2.6 If the buyer is entitled to compensation under this guarantee, this is limited to replacing every piece or product whose construction and / or assembly error has been proven, with the exclusion of all further compensation.
2.7 Working in direct labour is never covered by any guarantee.
Article 3: duration of the guarantee
3.1 The duration of the guarantee is 10 years, starting on the date of invoicing, unless otherwise stated on the invoice.
3.2 Unless stipulated otherwise in writing, a guarantee of 6 months from delivery is given for the hidden defects.
3.3 The guarantee is only covered if all invoices have been paid.
Article 4: exclusions
Cruysberghs Chemical bvba is not liable for damage and therefore payment under this guarantee in respect of damage will not take place if it has arisen:
4.1 a. By intent or with the consent of the buyer or seller respectively;
b. by or in connection with war (armed conflict, civil war, uprising, domestic unrest, riots and mutiny);
c. by or in connection with an atomic reaction, radioactivity or in connection with contamination and / or damage to the soil, air or water;
d. in connection with a natural disaster such as earthquake, flood, volcanic eruption and the like;
e. in connection with the risks of fire, lightning, explosion, spontaneous combustion, steam, smoke and soot, oil, crashing trees, collision, aircrafts and objects falling from them, disturbances in the event of strikes and / or riots;
f. in connection with work interruptions, operating hours, temporary accommodation and other consequential damages;
g. as a result of or in connection with any external calamities, such as mechanical violence which exceeds the impact resistance and / or pressure resistance;
h. by not, not timely or incorrectly carrying out the maintenance work;
i. by carrying out repair work by third parties without the express permission of Cruysberghs Chemical bvba;
j. by the use of REAXYL, BASF, PCI and similar products for a purpose other than that for which they are intended or suitable according to accepted standards;
k. due to any cause in the underlying structure such as, among other things, subsidence of buildings, collapse of roof;
l. through changes, relocation and / or processing of REAXYL, BASF, PCI and similar products, other than normal maintenance;
m. by placing REAXYL, BASF, PCI and similar products in a certain manner, although it has been established in advance that REAXYL, BASF, PCI and similar products may not be placed due to or partly due to then foreseeable damage;
n. by storm, rain, snow or hail damage if an hourly average of the wind speed of more than 24.4 m / s was observed at that moment. The damage caused by these natural elements caused by the total or partial destruction of the work by order of the competent authorities, in order to prevent the danger of damage to neighboring objects or to public safety.
4.2 The provision of untrue or incorrect information by the buyer and / or non-fulfillment by the buyer of the conditions or obligations described in this guarantee, as well as non-fulfillment of the buyer's possible obligations towards the seller, shall entitle the buyer to payment under this guarantee.
4.3 If the buyer reports damage, as described in this guarantee, to Cruysberghs Chemical bvba after the expiry of this guarantee period, the buyer cannot claim any right to compensation, irrespective of the time at which the cause of the damage was incurred.
Article 5: report damage
5.1 The buyer is obliged to notify Cruysberghs Chemical bvba immediately in writing of any event from which a right to compensation can arise from this guarantee.
5.2 The buyer is obliged to provide all relevant information to Cruysberghs Chemical bvba.
Article 6: inspection
6.1 Cruysberghs Chemical bvba has the right to inspect products before and after the warranty is granted. The Buyer undertakes to have the applied products inspected by Cruysberghs Chemical bvba or their designated expert (s) at their request.
Article 7: own risk
7.1 For the buyer, an excess of 10% of the agreed contract sum applies per claim, with a minimum of € 500,-.
Article 8: transfer of rights
8.1 The rights of the buyer under this guarantee are transferred to his / her legal successor, provided that this legal successor accepts and fulfills all obligations arising from this guarantee.
Article 9: disputes
9.1 Belgian law applies. Only the courts of the judicial district of Hasselt are competent.