Terms and Conditions
I. – CONFIRMATION Our general terms and conditions apply to all agreements concluded by or with Go Ocean, to the exclusion of the general terms and conditions of our contracting partner, unless expressly agreed in writing by us. The Client acknowledges that it has taken note of and agrees to the general terms and conditions no later than on the date of the agreement. Protest against our invoices and the general terms and conditions must be made by registered letter, under penalty of forfeiture, within eight calendar days after the invoice date.
II. – DESCRIPTION OF SERVICES TO BE DELIVERED AND PAYMENT Services are provided and paid as stipulated in the agreements concluded between Go Ocean and the Client, as well as in accordance with the provisions on the front of the invoice.
III. – FEES 3.1. The fees are in accordance with what was determined in the agreement(s) concluded between Go Ocean and the Client and as stated on the invoice, unless Go Ocean is forced to adjust them to the evolution of its fixed and/or variable costs in relation to due to changes in its structure. 3.2. Mentioned prices are always exclusive of VAT.
IV. – PAYMENT 4.1. Our invoices are payable by the Client within thirty calendar days from the date of the invoice. 4.2. In the event of non-payment after a notice of default has been sent, the amount of the invoice will be increased by a fixed compensation at the rate of 12% with a minimum of 40 euros by way of compensation. This compensation clause is reciprocal and therefore also applies in the event that Go Ocean fails to fulfill its obligations after a notice of default by the Client. In addition, by operation of law and without any notice of default being required, a late payment interest is due equal to the interest rate, determined in the context of the law dated 2 August 2002 on combating late payment in commercial transactions (BS 07.08.2002). This article remains valid if Go Oceans allows installments or payment facilities at the request of the Clients.
V. SUSPENSION AND TERMINATION 5.1. In the event of non-payment on the due date, in the event of non-payment, for whatever reason, or in the event of non-compliance with contractual obligations, Go Ocean reserves the right to:
VI. – either unilaterally suspend the execution of all current assignments, after prior notice of default, to which no or no useful response has been given within eight days, and without this giving rise to a claim for compensation for the co-contracting party, but without prejudice to the right for Go Ocean to claim compensation itself;
VII. – either unilaterally dissolve the agreement without prior judicial authorization and after prior notice of default, to which no or no useful action has been taken within eight days after the date of dispatch, without prejudice to Go Oceans’s right to claim compensation.
5.2. If Go Oceans’s confidence in the creditworthiness of the Client is shaken by late payment or non-payment, by acts of judicial enforcement against the Client, and/or demonstrable other events that call into question the confidence in the proper performance of the obligations entered into by the Client and/or make it impossible, Go Ocean reserves the right, as well as what has been stipulated in the agreement(s) with the Client, to demand suitable guarantees from the Client. If the Client refuses to comply with this, Go Forest reserves the right to cancel all or part of the assignment and/or services, even if the assignment and/or services have been performed in whole or in part.
Where appropriate, the amount referred to in Article 4.2 will be due by way of compensation, without prejudice to the obligatory payment of any assignments and/or services that have already been partially performed.
VI – FORCE MAJEURE 6.1. Any case of force majeure or coincidence releases Go Ocean by operation of law from any obligation, without the Client being able to claim compensation.
VII- LIABILITY 7.1. Our liability with regard to the delivered goods and/or services is in any case limited to the amount of the invoice to which these goods and/or services relate.
VIII – DISPUTE SETTLEMENT 8.1. In the event of a dispute of our invoices and/or general terms and conditions, only the courts in East Flanders are competent. 8.2. All our agreements are governed by Belgian law.
IX- The personal data of the clients are processed by Go Ocean in the context of the trade sanction for customer management and accounting purposes. The clients can always view their data and, if necessary, have it corrected or deleted, via a simple request with proof of identity addressed to Go Ocean. For questions or complaints regarding data processing, clients can always contact the Data Protection Authority, Drukpersstraat 35, 1000 Brussels. More information about the way in which Go Ocean processes personal data can be found on www.goocean.be in our general policy on this subject: https://goocean.be/privacy-policy/.