Terms and Conditions

1. Applicability
1.1. These general terms and conditions of delivery and payment apply to all quotations and deliveries by Tenco DDM, unless explicitly agreed otherwise in writing.
1.2. If the client includes provisions or conditions in their order that deviate from or are not included in these terms and conditions, they shall only be binding if and insofar as they have been expressly accepted in writing by Tenco DDM.

2. Quotations
2.1. All quotations are non-binding and expire 8 days after the quotation date, unless a specific acceptance period is mentioned. The contractor is not bound by any quotations or offers if the client can reasonably understand that the quotation or any part thereof contains an obvious mistake or error. All prices are exclusive of VAT and/or statutory surcharges.
2.2. Designs, images, drawings, and specifications of sizes, weights, and colors are for clarification purposes only and are not binding.
2.3. If it appears that the information provided by the client at the time of the request or agreement was incorrect, Tenco DDM reserves the right to adjust its prices accordingly.

3. Orders
3.1. Orders are only binding if confirmed in writing by Tenco DDM.
3.2. The client is obliged to fully inform Tenco DDM about all quality requirements. If this is not done and becomes evident after acceptance of the order, Tenco DDM is entitled to terminate the agreement without the client being entitled to any compensation.
3.3. Non-functional deviations between designs, images, drawings, measurements, and specifications and the actual delivery do not entitle the buyer to any form of compensation.

4. Prices
4.1. Prices are based on cost-determining factors valid on the date of the quotation. If, after 15 days, any of these factors increase — even if foreseeable — Tenco DDM may increase prices accordingly, and such changes are binding for the buyer.
4.2. All prices for imported goods are based on the exchange rate on the quotation date. If the rate changes by the delivery date, Tenco DDM is entitled to pass on the price increase to the buyer.
4.3. Prices are ex-works or ex-warehouse. Transport costs are always borne by the buyer unless agreed otherwise.

5. Delivery Time
5.1. Delivery time starts on the date the written order is received by Tenco DDM.
5.2. Exceeding delivery times does not entitle the client to compensation or cancellation unless agreed otherwise in writing.
5.3. Delivery time is suspended if the client does not meet the payment obligations under Article 14.

6. Deliveries
6.1. Delivery takes place on the date the order is ready for shipment at the workshop or warehouse.
6.2. Delivery to the address provided by the client occurs only if explicitly agreed.
6.3. Goods must be accepted within 8 days of delivery. Otherwise, Tenco DDM may store them at the client’s expense.
6.4. Tenco DDM may split deliveries and invoices accordingly.

7. Risks, Transport Insurance, Tool Insurance, Liability
7.1. Risk transfers to the client once goods are ready for shipment.
7.2. Upon request and at the client’s expense, goods can be insured during transport. Tenco DDM accepts no liability for transport-related damages.
7.3. Tenco DDM does not insure tools (e.g., molds) owned by the client. Insurance is the client’s responsibility.
7.4–7.10. Liability of Tenco DDM is limited to direct damages up to the order value or insurance coverage. Indirect damages, loss of profits, and consequential damages are excluded unless due to intent or gross negligence.

8. Packaging
8.1. Goods are packaged with due care. Packaging is returnable at the buyer’s expense upon request.

9. Order Changes
9.1. All changes (from the client, third parties, or due to circumstances) will be considered additional or reduced work. If extra costs arise due to unforeseen conditions, Tenco DDM may charge them. If the client disagrees, they may cancel the unexecuted portion.

10. Intellectual Property
10.1–10.2. All intellectual property rights on designs, methods, and documentation remain with Tenco DDM unless agreed otherwise. These may not be copied or used without written consent.

11. Assembly
11.1–11.2. Tenco DDM is not liable for assembly by third parties. Assembly costs by Tenco DDM are charged separately unless agreed otherwise.

12. Warranty
12.1. Products are guaranteed for material and workmanship as per the agreement:
12.1.1–12.1.9. Warranties apply under specified usage and maintenance. Notification of defects must occur within 8 days.
Warranty is excluded for improperly used or altered products. Tenco DDM’s obligations are limited to replacement (excluding assembly). Tenco DDM is not liable for third-party claims.

13. Complaints
13.1. Complaints about rapid prototypes must be submitted in writing within 3 days.
13.2. Other complaints must be submitted within 8 days.

14. Payment Terms
14.1. Unless agreed otherwise, payment is due within 14 days of invoice date. No discounts allowed.
14.2. Late payments are subject to 10% annual interest or statutory interest, whichever is higher.
14.3. All collection costs, including legal and extrajudicial, are borne by the client. Extrajudicial costs are 15% of the claim, with a minimum of €500.

15. Retention of Title
15.1. Goods remain Tenco DDM’s property until full payment.
15.2. If the client breaches the agreement, Tenco DDM may reclaim goods without notice or judicial intervention.

16. Special Circumstances
16.1–16.3. Payment becomes immediately due in case of bankruptcy, liquidation, death, or attachment. Tenco DDM may suspend or terminate agreements and require advance payment or security.

17. Force Majeure
17.1. In cases of force majeure (e.g., war, strikes, supplier delays, natural disasters), Tenco DDM may suspend or cancel the agreement without liability.

18. Termination
18.1. If the client fails to fulfill obligations, Tenco DDM may terminate agreements without notice or judicial intervention and claim damages.

19. Belgian Law
19.1. Belgian law applies exclusively. Uniform Laws on International Sales are excluded.

20. Disputes
20.1–20.3. Disputes should first be resolved amicably. Jurisdiction lies with the courts of Tongeren. Disputes raised by a client who hasn’t fulfilled payment obligations will only be considered after full payment.

21. Location and Changes
21.1. These terms are available by request (PDF or print) and on www.tenco-ddm.be.
21.2. The latest filed version applies or the version valid at the time of the agreement.
21.3. The Dutch text of the terms is binding for interpretation.