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General conditions

Universiteit Hasselt - Knowledge in action

GENERAL CONDITIONS


The following conditions apply to all offers, quotations , work orders, purchase orders, orders, deliveries, contracts and other documents which may establish commitments on the part of Hasselt University, in the absence of any express agreement to the contrary between Hasselt University and the client. All other terms of the client (such as the client's general conditions) are regarded as non-existent.

For scientific services the conditions listed under "Conditions for scientific services” are applicable.

  1. Offers / Purchase orders
    1. Prices and conditions, whether quoted orally or in writing, apply for thirty (30) days after the quotation date.
    2. The agreement is confirmed by sending a signed copy of this quotation, within the aforementioned period, to Hasselt University, whose contact details are indicated on the quotation.
    3. Hasselt University has the right to correct mistakes by showing that the prices specified in the quotation or agreement differ to a significant extent from the price normally charged to its clients. 
       
  2. Amount
    The amounts mentioned in this quotation exclude VAT and any bank costs, which are payable by the client. Travel expenses are likewise not included. If a private car is used, a charge of thirty-five euro cents (€ 0.35) per kilometre will be applied in addition to a travel time allowence.
     
  3. Payment
    Unless otherwise mentioned in the quotation, Hasselt University will invoice the amounts due after performance of the services. Invoices should be paid within thirty (30) days of the invoice date, by transferring the amount to IBAN account number BE77 0010 1870 7942 of UHasselt, in the indicated currency. Any outstanding amount will be increased as of right by late-payment interest of eight percent (8%) per month and an additional administration fee of one hundred and five euros (€ 105). In the event parties have agreed to interim payments, all outstanding services will be suspended if payment terms are not respected.  
     
  4. Complaint
    Complaints regarding the delivery should be made within 8 days of delivery by registered post to UHasselt. Complaints regarding the invoice must be made within 8 days of the invoice date by registered post to UHasselt. The notification of a complaint does not entitle the buyer to defer or suspend payment of the price, even in part.
     
  5. Applicable law and jurisdiction
    This agreement shall be construed in accordance with the laws of Belgium. The parties hereby submit to the exclusive jurisdiction of the courts of Hasselt in case of disputes that might arise out of or in connection with this agreement and that cannot be settled amicably between the parties.  
     
  6. Other provisions
    These general conditions of sale shall not affect provisions in agreements between Hasselt University and the client, including in particular - but not limited to - agreements in the context of contract research, project research and scientific services. All provisions of such agreements remain valid. In the event of any conflict between these general terms and conditions and the provisions of the aforementioned agreements, the provisions of the aforementioned agreements take precedence.
  1. Scope of the agreement
    This quotation concerns an agreement for scientific services as mentioned in article IV.71 and following of the Flemish Codex of Higher Education. This agreement only concerns scientific services and excludes innovative scientific research. The services rendered are described in more detail in the quotation.
     
  2. Establishing the agreement
    Unless otherwise mentioned in the quotation, the quotation is valid for a period of thirty (30) days. The agreement is established by returning, within the said period, a signed copy of this quotation to the research group of Hasselt University, hereinafter referred to as “UHasselt”, whose contact details are mentioned on the quotation’s front page.
     
  3. Amount
    The amount mentioned in this quotation exclude VAT and any bank costs, which are payable by the client. Travel expenses are likewise not included. If a private car is used, a charge of thirty-five euro cents (€0.35) per kilometre will be applied in addition to a travel time allowance. 
  4. Payment
    Unless otherwise mentioned in the quotation, Hasselt University will invoice the amounts due after performance of the service. Invoices schould be paid within thirty (30) days of the invoice date, by transferring the amount to IBAN account number BE77 0010 1870 7942 of UHasselt, in the indicated currency. Any outstanding amount will be increased as of right by late-payment interest of eight percent (8%) per month and an additional administration fee of one hundred and five euros (€105). In the event parties have agreed to interim payments, all outstanding services will be suspended if payment terms are not respected.
  5. Property rights
    The client shall acquire all property rights to the services’ results, hereinafter referred to as “Results”. However, the client does not acquire any claim whatsoever to  UHasselt’s  pre-existing knowledge (such as methods or formulas) used to obtain the Results, hereinafter referred to as “Knowledge”. 
     
  6. Independency
    The UHasselt acts as an independent consultant and will decide independently which researchers or employees will provide the services defined in this agreement. UHasselt’s employees will remain under the authority of UHasselt at all times. 
     
  7. Non-exclusivity
    The client acknowledges and agrees that UHasselt also provides scientific services to other parties. 
     
  8. Confidentiality
    During the performance of the services, UHasselt employees who need such information to carry out the services will have access to the client’s confidential information. UHasselt undertakes not to use this information for purposes other than carrying out the services, unless it obtains the client's prior written consent to do so. UHasselt and its employees will use the same degree of care to prevent disclosure of confidential information to others as it does to prevent disclosure of its own confidential information.

    However, this confidentiality obligation does not extend to information that:
    • was known to UHasselt prior to the agreement, or
    • has been made known to UHasselt outside its relationship with the client, or
    • was already in the public domain prior to the agreement, or
    • had been generated or developed by UHasselt prior to the information provided by the client.
    This confidentiality obligation will expire two (2) years after the termination date of the services.
     
  9. Warranty and liability
    UHasselt will perform the services to the best of its ability. However, UHasselt does not give any warranty with respect to the Results. In particular – but without limitation – UHasselt does not guarantee the fitness of the Results for commercial purposes, nor does UHasselt guarantee that the use of the Results or its  Knowledge is not in conflict with third parties’ intellectual property rights.
    The client acknowledges and agrees that UHasselt is not liable for any damage incurred by the client while using or applying the Results or the Knowledge. The client indemnifies UHasselt against liability claims by third parties related to the services, the Results or the Knowledge.
    Neither party is responsible for indirect damages to the other party, including but not restricted to profits, contracts and opportunities foregone.  
     
  10. Applicable law and jurisdiction
    This agreement shall be construed in accordance with the laws of Belgium. The parties hereby submit to the exclusive jurisdiction of the courts of Hasselt in case of disputes that might arise out of or in connection with this agreement that cannot be settled amicably between the parties.