Policy and conditions

POLICY

1. General

This privacy policy (“Privacy Policy”) governs the processing of your personal data as a part of your use of the different domains owned by CHP (“Websites”). This processing is carried out by CHP nv (with registered office at Doornpark 63, 9120 Beveren, Belgium, registered with the CBE under number BE0475.587.832) (“we”, “us”). By using our Websites, you acknowledge that you have carefully read this Privacy Policy and that you unreservedly agree with it. We reserve the right to update this policy when needed. Remember that we can also use so-called “cookies” or similar technology as part of the Website and/or the Services. Cookies are small text files that are stored on the hard drive of a device and that contain certain information, which sometimes includes personal data. For more information regarding our use of cookies, please read our cookie policy. This Privacy Policy was last updated on 15 December 2020.

2. What and why we process data

When you use our Websites, we process personal data relating to you. This is done for the following purposes, for instance: If you subscribe to our newsletter, we will process your email address to be able to send the newsletter. You give us your permission to do so. When filling in our contact form, we will process your contact data to be able to respond to your request. You give us your permission to do so. If you apply for one of our vacancies, we will process your contact data and resumé. You give us your permission to do so. If you agree, we will retain your data for our recruitment pool. In principle, we obtain the above-mentioned personal data directly from you. However, if you choose to register through a social media account (for example Facebook LinkedIn), this information is collected through your social media profile. We recommend that you consult the privacy policy of your social media service provider to determine which data is processed by your social media service provider when you use the social media login function. We will not send any of the personal data you provide through the Website to social media providers unless you consent to this. In addition to the above-mentioned objectives, we can also process your personal data: to provide you in a personalised and efficient manner with the information on products and services that you request, either through the Website, by email, by telephone or through social media channels; to process your personal data so that we can provide the Services; for direct marketing purposes, i.e. to be able to provide you with targeted communication, promotional and other offers and any other advertisements that we may have available; to perform statistical analyses to improve our Website and/or Services or to develop new products or services (see our cookiepolicy for more info) to provide to a financial institution or payment service provider, to enable your financial institution and the payment service provider to fulfil his, her or its statutory obligations; to transmit to the police or the judicial authorities as proof of possible crimes or if there are founded suspicions of an unlawful deed or crime that you committed by means of your registration in or the use of the Website or the Services; within the context of a possible merger with, acquisition of/by or demerger by a third party, even if such third party is outside the EEA.

3. With whom do we share data?

We do not send your personal data to third persons in a way that you can be identified without your express permission to do so if this is not necessary to provide the Services. We can rely on external processors to offer the Website and/or Services to you. We ensure that third-party processors may only process your personal data on our behalf and pursuant to our written instructions. We guarantee that all external processors are selected with the necessary care, so that we can rest assured of the security and integrity of your personal data. We can transmit anonymised and/or aggregated data to other organisations that can use these data to improve products and services, and to organise bespoke marketing, presentation and the sale of products and services.

4. Where we process data

We and our external processors will only process your identifiable personal data in the EEA. We can transfer our anonymised and/or aggregated data to organisations outside the EEA. If such transfer is made, we shall ensure that there are appropriate guarantees to warrant the security and integrity of your personal data, and that all personal data rights that you might enjoy under applicable mandatory law are guaranteed. A transfer to outside the EEA will take place via the following organisation.

  • Google Analytics – USA (standard contractual clauses)
  • Facebook – USA (standard contractual clauses)
  • LinkedIn – USA (standard contractual clauses)

 

 

GENERAL SALES CONDITIONS

 

COMPOSITION OF THE CONTRACT

An order may only be regarded as accepted if it is the subject of a written confirmation from us. Any verbal commitment as well as any deviation from these terms and conditions of sale are only valid after written confirmation.

 

PRICE

Our material prices are calculated net, exclusive of VAT, ex our warehouses.

 

OPTION

Our quotations are valid for the specified duration (option); after this period they will be bound by a separate written confirmation. The notion of option does not exclude the formula of price revision, mentioned in the paragraph “Price revision”.

 

PRICE REVISION

Our prices are determined taking into account known elements, such as the exchange rate of raw materials, wages, social charges, taxes, import duties, exchange rate, etc. … in Belgium and abroad. Apart from the notion of option, we reserve the right to revise our prices at any time to reflect any fluctuations in any of these elements.

 

TERMS OF PAYMENT

All payments are made to our bank account in accordance with the methods specified in the sales confirmation and without discount. We only accept discounts if they have been approved by us in writing. Any late payment will be increased, without prior notice, with the interest of the National Bank of Belgium increased by 2% per month. In addition, every reminder, collection and correspondence costs, etc. will be charged.

 

DELIVERY TIME

The delivery times start to run from the date of confirmation of the sale. They are determined in good faith on the basis of the usual delivery times of suppliers and the possible deployment of personnel. The delivery times are also conditional on the observance of the customer’s obligations, such as payment of the advance, approval of plans, final technical data, provision of documents. Unless agreed in our sales confirmation, we refuse the cancellation of the order or the penalties for late delivery.

 

CAUSES FOR WAIVER

In all cases of force majeure which may disrupt the normal execution of a sale, we reserve the right only to amend the clauses of the contract.

 

DELIVERY – SHIPPING

The goods are delivered at the risk of the customer or the consignee on departure from our warehouses and workshops, or from those of our suppliers, even in the case of postage paid. The shipment is made to the best of our ability without guarantee that this will be done under the cheapest conditions. We reserve the right to deliver and invoice the equipment in multiple instalments. When the buyer comes to collect the goods, he undertakes to carry out this collection within 8 days after they have been made available. If shipment or collection are delayed for any reason beyond our control, the goods will be kept and preserved if necessary at the expense and risk of the purchaser.

 

PACKAGING

Neither the packaging nor additional protective measures deemed necessary by us are included in the price of the delivery. They will be charged at the best possible price. The packaging and other protective equipment will only be taken back by us if this has been agreed in advance.

 

CUSTOMER PERFORMANCE

Every service provided by the customer (assembly, tests, repairs, maintenance, training, etc..) is the subject of either a lump sum or a settlement according to the unit rates stated in the offer. When the customer calls on our staff, it is assumed that they can work without hindrance or delay. The works are carried out on a lump-sum basis or on the basis of unit rates; possible

waiting times and changeover times are invoiced on the basis of the same unit rates. In addition to the normal tools with which our staff is equipped, the customer must make everything necessary available free of charge

is to be able to complete the works (move force, air pressure, welding stations, lifting equipment, scaffolding, etc. …). If the customer makes personnel available, such personnel is assumed to be covered by the customer’s insurance policies. The customer bears full liability for its personnel.

 

ACCEPTANCE – RECEPTION

The customer must accept the material in our factories for delivery. From the moment of shipment, the material is deemed to have undergone a satisfactory quantitative and qualitative inspection by the customer. All costs of fees, tests or inspections by third parties or bodies are borne by the customer. We reserve the right to refuse some tests or disassembly that we consider abnormal.

 

STUDIES – DESIGNS – DRAWINGS – SPECIFICATIONS

The plans, schemes and designs submitted to customers remain our property and must be treated as confidential. The technical documentation is only used in the name of

information transferred. At the request of the customer, we can send him “certified certified” documents; costs arising from this may be charged to the customer, even if he has not given us an explicit assignment for this work.

 

INFRINGEMENT OF PATENT LEGISLATION

If a customer wishes to submit a request for a patent for a realization in which we have participated, he must inform us of this by registered letter and obtain our express permission for this. We can never be charged with any violation of patent law in this regard unless we are paid an agreed royalty for it. In the opposite case, no recourse from third parties can be invoked against us.

 

WARRANTY

We guarantee the sold material against defects for a period of 12 months, starting from delivery. The buyer loses his right to warranty if he uses the material incorrectly during this period or if he makes changes to it without our written agreement. Our guarantee is limited to

the free replacement or repair in our workshops of the goods which are considered to be defective and which are returned free of charge. The guarantee only covers the possible replacement of defective parts in our factories; the performance outside our workshops is always at the expense of the buyer. The buyer may not refuse to fulfill his obligations with regard to payment on the pretext that the seller has not fulfilled all or only part of his obligations with regard to guarantee. We do not accept to intervene in the direct or indirect damage that could result from the aforementioned defect; we therefore reject any claim on the part of the customer.

 

PROPERTY RIGHTS

The transfer of ownership of the delivered goods takes place at the moment that all payment obligations have been fulfilled by the customer with regard to this delivery; as long as this has not happened, these goods in their entirety remain the exclusive property of CHP nv.

 

DISSOLUTION

 

  1. TERMINATION OF THE CONTRACT BY THE BUYER

In the event that the customer does not fulfill one of its obligations, we reserve the right to dissolve the contract, or the part thereof that has not yet been performed, without the slightest judicial intervention being required and without compensation for damages and interests.

 

  1. TERMINATION OF THE CONTRACT BY THE BUYER

Any destruction of order by the customer will be subject to our written consent and subject to our terms and conditions.

 

DISPUTE

Belgian law applies to all agreements; in case of disputes, only the courts of

Antwerp competent