Terms & Conditions

1. These terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to and form an integral part of all quotations and offers of Mobiqam bv (hereinafter "Mobiqam"), all acceptances, acknowledgements and confirmations by Mobiqam of all orders and all agreements relating to the sale, rental or provision of services by Mobiqam, unless and insofar as Mobiqam expressly allows otherwise. Hereby expressly waives the general purchase conditions of the customer.        
   
   
   
2. Unless stipulated otherwise, an offer of Mobiqam is valid for a period of 7 calendar days after the date of issue. After that period, Mobiqam may withdraw such an offer at its own discretion. Any agreement relating to the delivery of products or services shall be entered into by the parties on that date on which (i) the customer sends the order to Mobiqam in accordance with the terms of the offer, or (ii) Mobiqam sends the order confirmation to the customer, whichever occurs first.
   
   
   
3. Unless otherwise agreed by the parties, all delivery and execution dates shall be indicative and non-binding.  Late or partial delivery of the products or performance of the services shall not give rise to any right to compensation or cancellation of the order. Mobiqam agrees to make commercially reasonable efforts to comply with its communicated or acknowledged delivery dates on the condition that the customer provides all necessary order and delivery details in sufficient time for the delivery date in question.
   
   
   
4. Mobiqam's liability with respect to its products and services is subject to the terms and conditions set out in the specification available to the customer. The liability does not guarantee suitability for a specific purpose. Mobiqam will not have any obligation or liability to the customer for an infringement of IP rights by a third party if Mobiqam does not: (I) prompt written notice of such claim; (ii) obtains the exclusive right to manage and direct the investigation, preparation, settlement and defence of such claim, including the selection of advice; and (iii) obtains the full reasonable assistance and cooperation of the client for such investigation, preparation, settlement and defence; (2) if the claim is made after a period of three (3) years from the date of delivery of the product/service. If a product is the subject of a claim of infringement, or it becomes possible in Mobiqam's opinion, Mobiqam has the right, without obligation and at its own discretion: (i) to provide the customer with the necessary rights; (ii) to provide a replacement product, or (iii) to modify the product in such a way that the modified product no longer infringes; or (iv) to terminate an agreement, insofar as it relates to such product.
   
   
   
5. With the exception of a willful misconduct, Mobiqam's liability shall be limited to a replacement, a refund or an additional delivery at Mobiqam's sole discretion. Mobiqam shall not be liable for lost profits, lost savings, loss of reputation, loss of goodwill, indirect, incidental, punitive, special or consequential damages arising out of or in connection with the agreement or the sale of products or services by Mobiqam or the use thereof, regardless of whether such damages are based on a tort, warranty, contract or any other theory of law - even if Mobiqam has been advised, or has been advised of the possibility of such damages. The aggregate and cumulative liability of Mobiqam shall not exceed the purchase price of the delivered products or services. The customer can no longer validly make a claim after 6 months after the discovery or knowledge of the relevant elements underlying such a claim.
   
   
   
6. All invoices are payable within 30 days of the invoice date in cash to the specified bank account without reduction, discount, compensation or setoff. By operation of law and without prior notice, interest shall be due and payable on all amounts not paid in full by the customer on the relevant due date of the invoice, in accordance with the Belgian law of 2 August 2002 (Law on combating late payment in commercial transactions).  In addition to the aforementioned interest, the customer shall pay to Mobiqam compensation equal to 10% of the outstanding unpaid and overdue invoice amounts, as well as all other applicable legal and extra-legal reparation expenses and costs in accordance with the provision of the aforementioned law and the Judicial Code. In case of default by the client of payment of amounts or costs due, or any other default by the client, Mobiqam reserves the right to refuse performance and/or delivery of products or services, until overdue payments are cleared, and Mobiqam may suspend, postpone or cancel any credit, delivery or any other performance by Mobiqam. This right is in addition to, and not in lieu of, all other rights and remedies under this agreement or the law. Ownership of the products shall pass to the customer after full payment of the purchase price relating to them. The risk of loss in the products shall pass to the customer after delivery by Mobiqam in accordance with the applicable INCOTERMS.
   
   
   
7. Mobiqam may terminate the agreement immediately and without prior notice in the event that the customer violates any provision of the agreement, has entered into a composition or arrangement (formal or informal) with its creditors, is unable to pay its debts, is the subject of proceedings relating to a judicial composition or bankruptcy, has been appointed a receiver or administrator for its company, assets or income or any part thereof, a decision has been made to liquidate, or a request has been made or an order has been placed by a court for its liquidation or for its management, or has ceased trading, without the customer being entitled to compensation under any title whatsoever, and without prejudice to Mobiqam's right to validly implement such termination, or to such damages and other remedies as may be available on the basis of any relevant events, including those which form the basis for the termination.  
   
   
   
8. Furthermore, the customer acknowledges that in the course of the performance of this agreement he may come into possession of confidential and business-related information of Mobiqam. Such confidential information will remain the exclusive property of Mobiqam and will not be used for any purpose other than the cancellation of the client's obligations below, except with the prior written consent of Mobiqam. No further use of the confidential information will be made by the client accordingly after termination of this agreement. Furthermore, the client agrees that he does not acquire any rights with regard to the intellectual property rights of Mobiqam in connection with the products or services, and that all these rights and goodwill are and remain vested in the party that owns the intellectual property right. Insofar as software and/or documentation is embedded in or supplied with a product or service, the sale of such products or services shall not imply the transfer of any proprietary rights or title in such software and/or documentation to the customer, but, subject to the provisions set forth hereby, shall only imply a non-exclusive and non-transferable license for the customer under Mobiqam's intellectual property rights to use such software and/or documentation in combination with and as embedded in or supplied with the products or services. The customer will not: (a) modify, adapt, or translate derivative works of the software owned or provided by Mobiqam in combination with any products or services; (b) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software; (c) merge or incorporate such software into other software; or (d) reverse assemble, decompile, disassemble, or otherwise attempt to derive the source code of such software without the written consent of Mobiqam except as expressly permitted under applicable law. The customer shall, without any amendments or modifications thereto, reproduce the proprietary rights of Mobiqam or its third party software suppliers, or documentation of Mobiqam. Third party license terms may apply.
   
   
   
9. All software supplied by Mobiqam as part of the cooperation remains the property of Mobiqam, unless agreed otherwise in advance. The customer only obtains a right to use the software, and this for a limited period of time. This limited period is specified at one year, unless previously agreed otherwise. Mobiqam reserves the right to remove delivered software or make it unusable if the customer does not renew its right of use on time.
   
   
   
10. No offer, order or agreement entitles the customer to a result commitment. Mobiqam only gives an obligation to perform to the best of its ability.
    
    
    
11. Mobiqam can never be held accountable for the consequences of technical problems or software problems of any kind.
    
    
    
12. Mobiqam can never be held accountable for the consequences (consequential damage) of a non-working solution, unforeseen changes, not or insufficiently delivered efforts or human or technical errors. At the start of the collaboration, the client must be aware of the risks and take the necessary measures.
    
    
    
13. Mobiqam can never be held accountable for changes in the conditions, products or services of its suppliers, (sub)contractors or partners. The consequences of this are always at the expense of the customer.
    
    
    
14. This agreement shall be controlled by and construed in accordance with the laws of Belgium. All disputes between the parties will be submitted to the competent courts of Hasselt, Belgium.
    
    
    
15. Rental periods are specified as follows
    1. A day starts at 09.00 am and ends at 18.00 pm.
    2. A weekend starts Friday at 09.00 a.m. and ends the following Sunday at 6.00 p.m.
    3. A week begins on an agreed working day at 09.00 a.m. and ends 7 days later on that working day at 18.00 p.m. (e.g. Monday 09.00 until Sunday 18.00 p.m.).
    4. A month begins on a selected working day in the month at 09.00 a.m. and ends 28 days later on that day at 18.00 p.m.
    5. A year ends on a chosen working day in the year and ends 365 days later on that day at 6 pm.
       
       If the end date of the period does not fall on a working day, the preceding working day shall be retained, without entitlement to a reduction in the rent.
16. Exceptions to these general terms and conditions that are granted, in writing or verbally, by Mobiqam are always one-off and in no way become an acquired right for the customer.
    
    
    
17. Unless otherwise agreed in advance, rented materials will be collected and returned to an address chosen by Mobiqam. When a delivery takes place, the transport price of €1 per kilometre excluding VAT is applicable. Late delivery does not entitle you to a reduction of the rental period.
    
    
    
18. Damage during transport is always at the expense of the customer.
    
    
    
19. Upon receipt of the products, the customer must ascertain the condition of the goods. Findings of damage upon delivery will only be accepted the first hour after receipt. Damage reported later is always at the customer's expense. A damage report must always be made in writing with detailed photos of the customer.
    
    
    
20. If Mobiqam detects damage when returning the goods, this will be at the expense of the customer. The repair cost is determined by Mobiqam. A file cost of €100 applies to each individual case of damage
    
    
    
21. Even if the rental is part of a "full service" with installation, any damage is for the customer's account. With the exception of damage caused by an employee of Mobiqam. All damage caused by third parties, unknown persons or force majeure, including but not limited to: water damage; fire damage; vandalism; storm; lightning; electricity problems; natural disasters or earthquakes is for the account of the customer.
    
    
    
22. In the event of a rental agreement or order which also includes efforts, services, performance or other products, these general terms and conditions shall continue to apply in full.
    
    
    
23. The possible annulment of certain provisions of this agreement shall not affect the existence and validity of the agreement between the parties and the enforceability of the other provisions. In such a case, the provisions as close as possible to those agreed by the parties will apply to replace the invalid provisions.
    
    
    
24. It is forbidden for the customer to hire out goods or services supplied by Mobiqam or to transfer the rights to a third party without the prior written consent of Mobiqam. Mobiqam cannot be obliged to motivate any refusal. This under penalty of damages for the value of the order to be determined by Mobiqam.
    
    
    
25. A rental contract is never a case of "dry rent", unless previously agreed otherwise in writing. If the client manipulates the goods delivered by Mobiqam in any way, the client is responsible for all consequences thereof.
    
    
    
26. In the case of a dry rental agreement, the customer is obliged to use the materials and services with due care and in accordance with the relevant instructions and manual. The client must ensure that he has all the necessary information and knowledge for the use of the goods. The customer shall ensure that the goods and services are not used contrary to public order and morality. The customer shall ensure that the goods are never left unattended or stored in poor conditions and/or handed over to third parties or unauthorised persons.
    
    
    
27. All taxes and charges imposed by the government for the use of the goods or services or as a result of the order are at the expense of the customer. Mobiqam retains the right to pay these and charge them to the customer. In case of non-payment, all costs are applicable.
    
    
    
28. All rented goods and delivered software remain the exclusive property of Mobiqam. In case of imminent seizure of these goods or software, the customer undertakes to show this agreement to the seized party or to have the seized party's appointed and expressly charged that the goods and software are and remain the exclusive property of Mobiqam. The customer is obliged to inform Mobiqam immediately and without delay of the threat of seizure, so that Mobiqam can take the necessary measures to protect its property. In the event of seizure at the request of the public prosecutor, the client is obliged to compensate the value of the goods and software.
    
    
    
29. Office hours are, in the CET time zone: Monday to Friday from 09h00 to 17h00. Performance outside office hours will be billed at 200%.
    
    
    
30. The standard hourly rate of Mobiqam is €100.00 per hour excluding VAT. Performance will be charged per started half hour. The rate is also valid for remote assistance. All levies or taxes applicable to these services are for the account of the client.
    
    
    
31. For planned interventions or installations lasting a full day, Mobiqam charges a travel cost of 0.40€ per kilometre travelled. The number of kilometres driven is determined on the basis of Google Maps, https://maps.google.com.
    
    
    
32. For on-call interventions and interventions that take less than a full day, we reserve the right to charge the standard hourly rate for the time the engineer needs to make the move.
    
    
    
33.  Mobiqam cannot be held liable for consequential damage caused by the actions of subcontractors, not even when they are part of its assignment or when Mobiqam acts as main contractor. Each contractor bears full responsibility for his own planning, timing and execution of the assignment and is liable for all consequences thereof.​