General Terms and Conditions

General terms and conditions: AxFpools

GENERAL TERMS AND CONDITIONS

1. DEFINITIONS

1.1 All these conditions are deemed to have been expressly agreed and they even replace the conditions of the client, even when they are expressly referred to when ordering. The client acknowledges to know the conditions and to accept them without reservation.

1.2 "AxFpools": General contractors, swimming pools & infrared heating – Bouwelsesteenweg 2/b – 2280 Grobbendonk – Belgium -- VAT BE0725.865.648 – www.axf-group.be – info@axf- group.be
1.3 "CUSTOMER": any consumer or professional customer, whether or not acting in their own name or through a legal entity, who places an order / assignment with AxFpools
1.4: "GOODS" all goods offered by AxFpools in addition to Swimming Pools (such as goods for water treatment, tiles, swimming pool robots (non-exhaustive list))

2. QUOTATIONS AND ADVICE

2.1 If a guide price is included in the quotation, the amount stated does not indicate more than a non-binding estimate of the costs. All deviations in dimensions and quantities will be settled after execution of the works, as well as additional works stated verbally or in writing by the customer.

2.2 AxFpools is only bound by a quotation if it has been accepted by the customer in writing – by signature or by e-mail – within the validity period of 30 days.

2.3 If the acceptance deviates from the quotation on certain points, AxFpools is not bound by the quotation, unless the deviations have been accepted in writing by AxFpools.

2.3 Any advice, designs or permits will be charged separately to the client by AxFpools if and to the extent that the work designed by AxFpools is not carried out by it at the client's premises. This statement does not include a term.

2.5 When selling goods, AxFpools advises the customer on which goods are most suitable, as well as on their use. The customer acknowledges that this is only a guideline.

2.6 Catalogues, brochures, advertising announcements, as well as mentions on the website and social media channels are entirely without obligation and are always subject to typographical errors, human error or fluctuations in the market.

3.EXECUTION AND DAMAGE

3.1 AxFpools executes each agreement to the best of its ability, in good faith and according to the rules of the art. AxFpools has the right to have certain work carried out by third parties.
3.2 Bad or less favourable weather conditions will be considered force majeure by the parties. If the weather conditions make this necessary, AxFpools is permitted to (partially) execute the work at another time and to invoice any services or goods already delivered.

3.3 The customer undertakes to provide AxFpools with a plan before the commencement of the works, clearly indicating all necessary information such as existing utility lines, wells and the like. If such a plan is not provided to AxFpools, it has the right to suspend the execution of the agreement and to charge the costs resulting from the delay.

3.4 If the plan was not handed over, or incorrect or incomplete information was provided, AxFpools cannot possibly be held liable for any damage that could be caused to, among other things, manure, cellar, rain and sink pits, septic tanks, gas (oil) pipes-cisterns, electricity, telephone, TV, internet and water pipes, foundations, facades, walls, buildings (this list is by no means exhaustive).

3.5 When placing containers or occupying public domain, the customer must apply for the necessary permits from the municipality.

3.6 The Client acknowledges that he himself is always responsible for having the required permits for the installation of wellpoint drainage - swimming pool - garden constructions - paving, ... (not exhaustive) or to comply with the reporting obligation that rests on the client. If the works have to be stopped because the client / builder is not in order with the legislation, a compensation of 10% of the quotation amount will be claimed.

3.7 If an execution period is indicated, this is only indicative and not binding. An excess can therefore never give rise to cancellation of an order or any compensation.

3.8 Excavation works are carried out on behalf of the customer. Incorrect excavations or consequential damage from excavation works can never be recovered from AxFpools.

3.9 The customer is reminded that each electrical installation must comply with the legal provisions applicable to swimming pool installations. This must be protected by a minimum of a 30mA residual current circuit breaker. It is advisable to ask a certified installer for further information on this.

3.10 Taking possession of the work after completion shall constitute approval of the works, subject to valid disputes.

3.11 AxFpools is not responsible for damage caused by high groundwater levels.

3.12 AxFpools is not responsible and/or liable for color differences that occur in the liner purchased directly from the supplier, any discoloration that may occur can be recovered from the supplier or manufacturer.

3.13 Folds or wrinkles that occur during or after filling the pool cannot be recovered from AxFpools. Or can not give reason to replace or renew the entire liner covering in the pool.

4.DELIVERY AND OWNERSHIP

4.1 The risk for the goods is transferred to the customer upon delivery.
4.2 All delivered goods, both dead and alive, remain the property of AxFpools, until they have been paid for in full.

4.3 AxFpools reserves the copyright on all advice, designs, drawings and sketches. These may not be copied, made public or provided to third parties by the customer without prior permission.

4.3 If any goods cannot be delivered at the same time as the completion of the works, delivery may still take place, whereby the customer may make a reservation for the goods not delivered.

4.4 Any shipment of goods is entirely at the risk of the addressee, even if it is sent carriage paid. The goods must be paid for in advance upon shipment or delivery.

4.5 The carrying, placing or installation of the goods is not included in the scope of delivery.

5. COMPLAINTS AND LIABILITY

5.1 Complaints must be reported in writing to AxFpools by the customer within 8 days after completion of the work or delivery. This complaint must be clearly described, so that AxFpools can take the necessary steps to resolve the complaint. 5.2 Complaints are in no case justified if the customer has not treated the delivered work or goods with the normal care that may be expected of him.

5.2.1 Under no circumstances may the Customer return products to AxFpools without the latter's prior written consent.

5.2.2 Customer is obliged to reimburse costs incurred as a result of unjustified complaints.

5.3 We are only liable for defects in our performances due to material and execution errors. Complaints that we find justified can only be repaired by us on site. Repairs carried out by third parties on behalf of the customer will not be accepted.

5.4 AxFpools is not liable for:

- indirect damage, including consequential damage, loss of profit, missed savings and damage due to business stagnation.

- damage and/or defects that are (in)directly caused by an act of the customer or a third party, regardless of whether these are caused by an error or negligence.

- additional damage arising from further use by the customer after the damage or defect has been discovered.

- normal wear and tear, improper handling, extraordinary loads and external influences.

- alleged defects based on subjective data, such as personal taste.

- discolouration of the pool and steps and damage to the shell due to excessive heating of the pool water (max. 29°C).

- damage and/or discolouration caused by filling the pool with ground, well and/or rainwater.

- (additional) damage caused by careless or incorrect use of products that can cause damage, wrinkles and discolouration to the pool.

- Damage to heat pump, pump installation and/or filters caused by freezing cold.

- the control of water levels and for damage that may be caused by incorrect water levels.

- Dimensions, shades, colours and weight of the materials used may be subject to change due to their nature or due to manufacturing.

The materials must be used in accordance with the manufacturer's instructions and in accordance with the rules of the art. AxFpools, which does not manufacture any products itself, is not responsible for any consequential damage related to the use or processing of the materials supplied.

- for subsidence of pavements constructed within the year next to the swimming pool wall as well as any consequential damage this may entail.

5.5 The customer expressly acknowledges that the indemnity obligation on the part of AXF-GROUP with regard to hidden defects shall in no event extend further than that on the part of its suppliers.

5.6 AxFpools' liability can only be held by the direct customer of AxFpools and not by third parties.

5.7 The customer acknowledges that chemicals (and in particular Sodium Hypochlorite and sulphuric acid) must be kept separate at all times and stored in a separate place. AxFpools can in no case be held liable for any damage resulting from mixing or careless use of the goods, regardless of whether this is the result of an error or negligence.

5.8 However, filing a complaint does not release the customer from his payment obligation.

6. WARRANTY

6.1 AxFpools provides a general warranty of 1 year – unless otherwise stated – from the end of the work carried out and the delivery of the goods, except in the event of force majeure and the situations mentioned below.

6.2 Our pools do not comply with the Belgian vlarem 2 legislation applicable to public pools. If the customer so wishes, additional guidelines will be observed. This may entail additional costs that are supplementary to the quotation / construction contract.

6.3 Goods supplied by AxFpools, but installed by the customer, are excluded from this warranty.

6.4 When installing materials supplied by the customer, AxFpools accepts no responsibility and all guarantees on the installed whole expire.

6.5 The factory warranty is 2 years on all parts in accordance with European legislation. Consequential damage is not covered.

7.PAYMENT AND CANCELLATION

7.1 Unless expressly agreed otherwise, all invoices are payable in cash at the registered office of AxFpools or into account AXF-GROUP- KBC: BE20-7350-5232-8656.

7.2 Advance or down payment invoices must be in our KBC account: BE 20-7350-5232-8656 5 days before the start of the works or upon signing the order form, otherwise the works may be stopped without any form of compensation at our expense.

7.3 If payment is not made within the set term, interest of 12% will be due by operation of law and without notice of default from the due date until receipt of the full amount, increased by a fixed compensation of 10%, with a minimum of EUR 50. Any additional collection costs will also be borne by the customer.

7.4 We reserve the right to refuse, suspend or discontinue any goods or services where any amounts are overdue under any agreement until such amounts have been paid.

7.5 The customer is NOT entitled to cancel the agreement regarding the purchase and/or installation of a swimming pool.

7.5 In case of cancellation of another order or termination of the agreement by the customer up to 3 weeks before execution or delivery, a fixed compensation is due in the amount of 20% of the value of the cancelled order or terminated agreement. From 3 weeks and less, this amounts to 50%.

8. VALIDITY AND DISPUTES

9.1 The possible nullity of one or more provisions of these general terms and conditions shall in no event affect the validity of the agreement or the other provisions of these general terms and conditions.

9.2 Only these General Terms and Conditions apply to the agreements concluded by AxFpools unless we expressly and in writing allow any deviation from them. Consequently, the customer / buyer automatically agrees to these conditions and hereby waives his / her own general terms and conditions.

9.2 All agreements that fall under the operation of these general terms and conditions are subject to Spanish law. Only the court in the nearest place to the place of business of AxFpools is competent.

Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.