GENERAL TERMS AND CONDITIONS
These general terms and conditions (“General Terms and Conditions”) are from Acumen
Consulting BV, with its registered office at Ambachtenlaan 14 bus 8, 3001 Heverlee (Leuven),
Belgium, VAT BE 0891.078.523 (“Acumen”), and all its legal successors.
1. GENERAL
1.1. These General Terms and Conditions apply to all offers, proposals, quotations (“Quotation”),
orders, agreements, and deliveries regarding the supply of goods and/or services by Acumen
to its customer (hereinafter the “Customer”). Deviations from these General Terms and
Conditions are only binding on Acumen if Acumen has expressly and in writing accepted them.
In that case, the other provisions of these General Terms and Conditions remain fully
applicable. The Customer cannot derive any rights from agreed deviations for other or future
transactions. The applicability of any general terms and conditions of the Customer is
expressly excluded unless otherwise agreed in writing.
1.2. By placing an order by the Customer, agreeing with a Quotation, or by signing or starting
the execution of the agreement by Acumen or the Customer, the Customer unconditionally
and irrevocably accepts these General Terms and Conditions, which are binding.
1.3. These General Terms and Conditions are valid from January 1, 2016, and replace all previous
ones.
1.4. The Customer cannot transfer its agreement or part thereof to a third party without the
express written consent of Acumen.
2. QUOTATIONS AND ORDERS
2.1. Quotations: Each Quotation is non-binding and only applies to the B2B market. Unless
expressly stated otherwise, each Quotation is valid for 30 calendar days after the date of the
Quotation and automatically expires after this period. All terms mentioned in a Quotation,
references to technical data, or other elements are purely indicative and not binding for the
execution of the Quotation, unless otherwise agreed in writing. Acumen has the right at any
time to correct errors in the Quotation or withdraw the Quotation. Acumen cannot be held
liable for exceeding terms or adjusting data or elements, and this is not a valid reason for
termination, dissolution, or suspension of the agreement by the Customer, nor can this lead
to any price reduction or compensation. Acumen will inform the Customer to the best of its
ability about the (presumed) exceeding of a term or adjustment of data or elements. The
Quotation is based on the information provided by the Customer. If it turns out that the
information is not correct, the Customer will be informed. If additional performances need to
be provided by Acumen, an additional Quotation will be presented to the Customer. Acumen
reserves the right to suspend the entire execution pending agreement on the additional
performances.
2.2. Orders: By placing an order or confirming the Quotation, the Customer acknowledges
being fully informed and understanding what is stated in the Quotation. Each order by the
Customer binds the Customer. Acumen is only bound by a Customer’s order if Acumen has
expressly and in writing confirmed acceptance of it. The agreement is concluded only after
acceptance of the order. If the Customer cancels an order, the Customer is liable for damages
to Acumen amounting to 30% of the total price of the ordered goods or services, unless
higher damages are proven by Acumen.
3. DELIVERY OF GOODS AND SERVICES
3.1. The Customer accepts partial deliveries of goods and services. Partial invoices may be
issued for this purpose.
3.2. The signing by the Customer of the delivery note implies the delivery and acceptance of
the delivered good or service. The risk related to goods transfers to the Customer at the time
of delivery. The risk related to services transfers to the Customer upon delivery or acceptance
of the service. If the Customer does not sign the delivery note, the risk transfers from the day
Acumen has delivered the good or announced the execution of the services. The transfer of
ownership of the goods only occurs upon full payment of the price and any interest and
compensation due to late payment.
3.3. Acumen reserves the right to make certain technical improvements or adjustments
according to legal regulations during delivery, provided this does not result in significant
changes or is necessary. If during the execution of the services it appears that the Quotation
cannot be technically executed, Acumen is not obliged to execute it and can cancel it without
any compensation.
3.4. Acumen has the right to use third parties for the execution of certain services without
requiring the Customer’s consent or notification.
4. CUSTOMER’S DUTIES
4.1. The Customer must provide Acumen with all necessary information, data, and documents
required for the performance of the agreement in a timely manner. The Customer guarantees
the accuracy, completeness, and reliability of the information, data, and documents provided,
even if they come from third parties.
5. PRICES, INVOICES AND PAYMENT
5.1. All prices are in euros and exclude VAT and other taxes. For all hourly rates or any time
notation in hours, one hour equals 58.5 minutes of effective working time. Any changes in
taxes or new taxes imposed after the conclusion of the agreement will be borne by the Customer.
5.2. Invoices are payable within 30 days from the invoice date unless otherwise agreed in
writing. In the event of late payment, the Customer owes interest on arrears at a rate of 1% per
month from the due date until the day of full payment, without prior notice of default. In
addition, the Customer owes a fixed compensation of 10% of the invoice amount with a
minimum of €125.
6. WARRANTY
6.1. All contractual obligations of Acumen are best-effort obligations. Acumen does not
provide any express or implied warranty concerning the goods or services, including any
warranty of fitness for a particular purpose, result, or merchantability, and any software is
delivered to the Customer “as is.”
7. LIABILITY
7.1. Acumen’s liability towards the Customer for any direct damage arising from the execution
of the agreement is limited to the amount paid out under Acumen’s liability insurance in the
relevant case. If no payment is made under the insurance, Acumen’s liability is limited to the
amount invoiced by Acumen to the Customer for the part of the agreement from which the
liability arises.
8. INTELLECTUAL AND PROPERTY RIGHTS AND DATA PROTECTION
8.1. The parties will process, use, or store personal data only for the contractually determined
purposes, respecting applicable laws. See also our privacy policy on our website.
9. TERMINATION
9.1. Acumen has the right to terminate the agreement with immediate effect by written notice
to the Customer without any compensation if the Customer fails to fulfill one or more of its
contractual obligations and does not remedy this failure within 14 days after written notice by
Acumen.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
10.1. These General Terms and Conditions and any other contractual provisions between
Acumen and the Customer are governed by Belgian law.
10.2. Any dispute will be exclusively settled by the courts of Leuven.
11. MISCELLANEOUS
11.1. If any provision of these General Terms and Conditions is invalid or unenforceable, the
remaining provisions will remain in full force and effect. The parties will replace the invalid or
unenforceable provision with a valid and enforceable provision that, as far as possible,
achieves the same purpose.
