Terms and Conditions

These are the general terms and conditions (hereinafter: General Conditions) of Tiger Fire BV with registered office at 9990 Maldegem, Aalterbaan 238 B, registered in the K.B.O. under the number 0675.392.392.

1. Scope

These General Terms and Conditions apply to every offer, quotation, order and any agreement reached in relation to services offered and/or supplied by Tiger Fire BV through offline sales. These General Terms and Conditions apply to the exclusion of the client's general terms and conditions or other stipulations. Every order, order and every agreement with the offer implies an acceptance of these General Terms and Conditions, without any reservation, by the client who declares to have taken cognizance of them before the conclusion of the agreement in a language understandable to him. By accepting these General Conditions, the client acknowledges that each of these conditions is genuinely wanted and none of them, separately or together, creates an apparent imbalance in the agreement between Tiger Fire BV and the client. These Terms and Conditions were taken into account in the pricing process.

Offline sales means all agreements that were not concluded through an online sales platform managed or owned by TigerFire BV. Some examples of these are Instagram and/or Facebook accounts, web shops etc.... . Agreements concluded via online sales are subject to the relevant general terms and conditions that can be found on these relevant online platforms.

2. Orders and Quotations.

All quotations offered by Tiger Fire BV are purely indicative and without obligation. Quotations are prepared on the basis of information provided by the client. Should this information prove to be incomplete and/or incorrect, Tiger Fire BV reserves the right to make an additional quote.

The prices stated in the quote are valid for the period stated in the quote and for a maximum of 30 days from the date of the quote. Material errors, misprints and/or calculation errors in the quote will never bind Tiger Fire BV.

If a quotation relates to a standard stock color, type of metal the price may vary upon execution if the chosen powder or metal is no longer in stock or does not belong to the standard category.

Orders are not opposable until they have been expressly endorsed and accepted by Tiger Fire BV by way of order confirmation.

3. Execution of works

The client itself is responsible for the delivery of the goods to be handled to Tiger Fire BV, unless expressly agreed otherwise in writing. This at the factory address Industriepark 43, 8730 Beernem.

Upon delivery of the goods to be handled, the client signs a document (instruction sheet) digitally or on paper describing in detail and clearly the goods involved.

If no such document was signed by the client, there is a presumption that the goods to be treated delivered by the client correspond to the treated goods delivered by Tiger Fire BV to the client and thus identical in number and not damaged by Tiger Fire BV.

When delivering the goods to be treated, the client is prohibited from entering Tiger Fire BV's production halls and/or using any equipment belonging to Tiger Fire BV. Tiger Fire BV can never be held liable for any damage caused by the client's failure to comply with this prohibition.

The goods supplied by the client must be free of stickers, alcohol marker, grease or other layers and or liquids that may interfere with the handling of the materials. If Tiger Fire BV is welded to apply a powder coating, plastic parts, bearings and all other components that cannot tolerate heating above 120degrees Celsius must be removed in advance by the client. Tiger Fire BV can never be responsible for damage to these components if not removed by the client.

The goods to be coated must have the necessary suspension holes or eyes for powder coating. If not, these will be provided by Tiger Fire BV at a fixed cost. Damage or loss due to the application of these provisions can never be recovered from Tiger Fire BV.

If the goods provided by the client do not meet the aforementioned requirements, Tiger Fire BV may refuse to carry out the order or, at its own discretion and without being held liable, make any adjustments at the client's expense.

Tiger Fire BV is not liable for the harmful consequences of any defect in services provided by Tiger Fire BV if this defect is the result of the fact that the goods supplied by the client do not meet the requirements stipulated in the aforementioned articles.

4. Delivery

Our sales are considered to be made in Maldegem or Beernem. The goods are therefore considered as accepted in our warehouses in Maldegem or Beernem. The risks and possible damage associated with the transport of materials and goods are in any case the exclusive responsibility of the customer even if the shipment is carriage paid. Any transport costs paid by Tiger Fire BV will be charged to the invoice.

The indicated delivery deadlines are not strictly applicable. Under no circumstances can a delay in delivery give right to compensation or indemnification or breach of contract.

All cases of force majeure, as well as those invoked by our suppliers, all accidents, general and partial strikes, lack of means of transport, lockout, general or partial fire of the factory, etc. discharge us from all responsibility and relieve us of all commitments we would have made to our customers.

Changes to the order automatically result in the lapse of the predetermined delivery dates and must be re-agreed. Tiger Fire BV reserves the right to make partial delivery and partial invoicing.

If the customer fails to collect the goods or materials within a period of five working days of being invited to do so, Tiger Fire BV is entitled to invoice the goods without delivery and the customer is also required to pay liquidated damages of € 25 per day that the goods were held by Tiger Fire BV.

Packaging materials made available to the client for the transport of the goods, including for example trestles and pallets, always remain the property of Tiger Fire BV and may only be used on loan for the intended transport. From the time the materials are made available to the client (or the client's appointees) and until they are returned to Tiger Fire BV, the client is liable for all damage to these materials. The client is responsible for the round trip transportation of the materials.

Pallets will be charged as packaging at € ... /pallet. Upon return of the pallets in good condition, the charged amount will be deducted from the next invoice or credited if no orders follow within 1 month.

5. Prices

Tiger Fire BV may unilaterally modify the price in the light of a fluctuation in purchase prices in a manner based on objective criteria and corresponding to the fluctuation in question.

6. Payments

All invoices, unless otherwise agreed in writing, are payable in cash or by bank transfer at Maldegem and Beernem. In case of non-cash payment an interest of 12% is due. If the invoice has not been paid in full 30 days after the invoice date, a compensation of 10% of the invoice amount with a minimum of 75€ will be charged. For clients who are not registered in the KBO register (private clients), we do not apply an extension of payment and invoices must be settled before taking delivery of the goods.

The foregoing applies without prejudice to Tiger Fire BV's right to claim higher compensation subject to proof of higher damage actually suffered. If the customer is a consumer in the sense of article I.1,2° of the Code of Economic Law, the same compensation is due, but only after notice of default. The failure to pay an invoice on the due date shall result in the expiry of the extension of payment granted for other deliveries and/or work and shall make all invoices not yet due and payable immediately.

In case of bankruptcy or dissolution of the buyer's companies, the seller has the right to cancel the sale-purchase without any compensation towards the buyer. Similarly, in the event of failure to comply punctually with payment terms, the seller has the right to stop deliveries without entitling the buyer to any compensation. The seller reserves the right to claim damages even if he voluntarily, invoking one of the above circumstances, terminates the contract and suspends or does not commence deliveries.

The client agrees to pay for the goods delivered and/or work performed by Tiger Fire BV as described in the invoice. The client accepts the sending of invoices by email. Disputes must, under penalty of cancellation, be motivated and made known to Tiger Fire BV by registered letter within seven working days of the invoice date.

The client is obliged to immediately report in writing to Tiger Fire BV any situation that may lead to a cessation of payment or a delay in payment. If the invoice was issued at the request of the client in the name of a third party, the client remains jointly and severally liable with the third party towards Tiger Fire BV, for compliance with all obligations arising from these general conditions.

Tiger Fire BV reserves the right, in the event of late payment, to suspend or terminate the agreement for non-payment, in which case the client shall owe the compensation provided for in the section termination.

The goods remain the property of Tiger Fire BV until paid for in full. As long as this has not taken place, the buyer is not entitled to pledge them or use them as security in the broadest sense of the word. In the event of non payment on the due date the buyer is obliged to return the unpaid goods to Tiger Fire BV free of charge at the first written request by Tiger Fire BV. Tiger Fire BV is authorized to recover the goods not yet fully paid for on the one hand by its own services or by appointed services on both business and private premises of the buyer as far as the goods are located there. These repo costs will be charged in full to the buyer and the buyer gives permission for this at the conclusion of the agreement.

7. Liability

Tiger Fire BV is liable for the proven non-compliance with its contractual obligations only if and only to the extent that the resulting damage was caused by its gross negligence or intent. It is not liable for other faults. Tiger Fire BV is not liable for indirect damages and costs (e.g. consequential damages, lost profits, missed savings, damages to third parties, etc.).

The maximum liability of Tiger Fire BV is in any case limited to the amount for which Tiger Fire BV is covered and which is effectively paid by the insurance company. If, for whatever reason, the professional liability insurer does not cover the damage, Tiger Fire BV's liability is limited to compensation (total of principal, costs and interest) amounting to a maximum of the value of what was delivered and/or performed, which will be determined on the basis of the invoices prepared by Tiger Fire BV for the delivery and/or work in question.

Insofar as Tiger Fire BV depends on the cooperation, services or supplies of appointees in the execution of its commitments, it cannot be held liable for any damage resulting from their fault.

All complaints regarding any visible or invisible defects in the delivered work must be well-founded and duly motivated and, in order to be admissible, must be communicated directly to TiGER FiRE BV by registered and duly motivated letter at the latest within eight working days after execution of the work.

If there is a visible or hidden defect that was brought to Tiger Fire BV's attention in a timely manner and in accordance with the provisions of this article, Tiger Fire BV is entitled to reprocess or remanufacture the goods in question if they are production goods manufactured by Tiger Fire BV

Tiger Fire BV can never be held liable for damages resulting from incorrect or careless installation or use of the goods handled or produced by Tiger Fire BV. Even if there are visible or hidden defects.

Tiger Fire BV can never be held liable for damages incurred due to delay, damage or stoppage of production lines and or disruption of supply to third parties nor direct and or indirect damages and costs resulting from these stoppages (such as e.g. consequential damages, lost profits, missed savings, damages to third parties, etc.).

8. Termination

Tiger Fire BV has the right to terminate the agreement with the client at any time, with immediate effect, without prior judicial authorization, without prior notice of default and without payment of any compensation in the following cases: 1: if the client fails to timely and properly fulfill one or more obligations arising from the agreement, 2: if the confidence in the client's creditworthiness is shaken by acts of judicial execution against the client or by cessation of payment or the application for insolvency proceedings, 3: in the event of the client's liquidation or cessation of activities.

On termination of an order by the client, in accordance with article 1794 of the Old Civil Code, the client shall be liable for payment of the full value of the work including, amongst other things, the work carried out and the materials supplied, and in general, all obligations carried out pursuant to the order. In addition, the customer owes a fixed compensation of 30% of the total value of the goods purchased and/or work requested, without prejudice to Tiger Fire BV's right to claim a higher compensation provided proof of higher actual damages. By accepting these general conditions, the customer acknowledges that the aforementioned fixed compensation is proportional to the loss Tiger Fire BV suffers as a result of the dissolution.

9. Force Majeure

Tiger Fire BV is not liable for a delay in the execution or a non-execution of its commitments due to events beyond its normal control that prevent the fulfilment of its obligations in full or in part, including but not limited to strikes, unexpected traffic jams, accidents, fire, pandemics, operational failures, energy failures, failures in a (telecommunications) network, non delivery or late delivery of suppliers or other third parties engaged, delays due to unforeseen nuisance on site, ... In these cases, Tiger Fire BV reserves the right to terminate or revise the agreement, or to charge the additional real costs to the client. When the work is interrupted as a result of force majeure, the execution period will be suspended for the duration of this interruption and will be increased by the time needed to restart the work.

10. Nullity

If any part of these General Terms and Conditions is held to be excessively broad, the provision shall, notwithstanding this fact, be enforceable to the maximum extent permitted by law. If any part of these General Terms and Conditions is held to be completely invalid, the parties shall replace it in good faith with a provision that comes as close as possible to the economic effect of the provision held to be invalid. In any case, the possible invalidity of a provision in the General Conditions shall not invalidate (one) (of) the remaining provisions.

11. Confidential information

The client is obliged to keep confidential all confidential information obtained from Tiger Fire BV in the context of the agreement. Information is confidential if it has been communicated by Tiger Fire BV or if it arises from the nature of the information. Under no circumstances may the client copy or transfer to third parties or make available for inspection technical information, technical drawings, specifications, photographs, electronic files in the broadest sense or documents that remain the property of Tiger Fire BV at all times.

12. Applicable law - competent court

Belgian law is exclusively applicable to the agreements concluded with Tiger Fire BV.

All disputes relating to the conclusion, interpretation and/or execution of a sales or contracting agreement entered into by Tiger Fire BV, fall under the exclusive jurisdiction of the courts of the jurisdiction of Ghent.

13. Capacity of the client

In the event that the client is a consumer within the meaning of Article I.1, 2°of the Code of Economic Law, these General Terms and Conditions shall apply with the exception of Articles 3.3, 4.2, 7.5 and 12.2. In case the client is a consumer in the sense of article 1649bis of the Old Civil Code, these General Conditions do not affect the legal guarantee rights of the client-consumer included in articles 1641 to 1649 and 1649bis et seq. of the Old Civil Code. For service agreement and by the client consumer concluded remotely with Tiger Fire BV, the statutory withdrawal period of 14 days does not apply. Tiger Fire BV's services are of such a nature that they are delivered in accordance with Article 53 of the Code of Economic Law according to the specifications of the client-consumer and result in the irrevocable mixing of the good delivered by the client with other products.