General Terms and Conditions of Sale

These General Terms and Conditions of Sale apply to the sale of products and services by Macadam Europe N.V. and its subsidiaries to the customer. Additional conditions may apply to services provided by Macadam Europe N.V. (e.g. in separate cooperation agreements). If these additional conditions conflict with these General Terms and Conditions of Sale, the additional conditions will take precedence over these General Terms and Conditions.

Please read these conditions carefully before placing an order with Macadam Europe N.V. By placing an order, the customer accepts these conditions. The customer expressly waives his own standard terms and conditions, even if these have been drawn up after these standard terms and conditions of sale. To be valid, any deviation must be explicitly agreed in writing in advance.

Our invoices are payable immediately, unless another term of payment is stated on the invoice or order. In case of non-payment on the due date, Macadam Europe N.V. reserves the right to request a fixed interest payment amounting to 15% of the remaining amount due. In case of late payment, Macadam Europe N.V. is authorized to suspend the service without warning.

If a payment is still outstanding more than sixty (60) days after the due date, Macadam Europe N.V. may call upon the services of a collection company. All legal costs will be borne by the client. Certain countries apply a deduction at source on the amount of the invoices, in accordance with their internal legislation. Any deductions at source will be paid by the client to the tax authorities. Under no circumstances can Macadam Europe S.A. become involved in costs related to the legislation of a country. The amount of the invoice will therefore be due in full to Macadam Europe N.V. and does not include costs related to the legislation of the country in which the client is located.

Macadam Europe N.V. undertakes to do its best to provide services in a timely manner in accordance with the agreed timeframes. However, none of the obligations can be considered as an obligation to achieve results. Under no circumstances can Macadam Europe N.V. be obliged by the client to act as a third party in the context of a possible claim for damages against the client.

To be admissible, Macadam Europe N.V. must be informed of any claim by means of a letter sent by registered post to its registered office within 8 days of delivery of the goods or provision of the services.

To the extent permitted by law, the total liability of each party together with its affiliates shall not exceed 50% of the total amount paid by the Customer under this Agreement. Only events occurring 30 days prior to the date of the event may give rise to such a claim. Multiple claims do not increase this limitation.

Macadam Europe N.V. reserves the right to change these conditions at any time without prior notice. The customer is subject to the conditions in force at the time of acceptance of these conditions. All our contractual relationships are governed exclusively by Belgian law. Furthermore, any dispute that may arise shall be subject exclusively to the jurisdiction of the courts of Brussels.