{"id":2233,"date":"2024-01-22T10:17:55","date_gmt":"2024-01-22T10:17:55","guid":{"rendered":"https:\/\/www.agromanager.eu\/algemene-voorwaarden\/"},"modified":"2026-06-26T15:46:30","modified_gmt":"2026-06-26T15:46:30","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.agromanager.eu\/en\/general-terms-and-conditions\/","title":{"rendered":"General terms and conditions"},"content":{"rendered":"

General terms and conditions<\/h1>\n
\n

1. GENERAL<\/h2>\n

These quotation conditions apply exclusively and at all times to all agreements between AGROMANAGER and the Customer. The Customer accepts the applicability of these quotation conditions upon signing the quotation, except in the case of an explicit deviation. The applicability of any general terms and conditions of the Customer is expressly excluded, except in the case of an explicit deviation.<\/p>\n<\/p>\n

An explicit deviation is only valid to the extent that it results from mutual agreement between AGROMANAGER and the Customer, which is documented in writing. Explicit deviations are only valid as a replacement or addition to the clauses to which they relate. The other provisions of these quotation conditions remain in full force.<\/p>\n<\/p>\n

AGROMANAGER reserves the right to modify and\/or supplement its quotation conditions at any time. Such a modification will naturally have no impact on existing agreements.<\/p>\n<\/p>\n

2. FORMATION OF THE AGREEMENT<\/h2>\n

AGROMANAGER always provides a quotation to its Customers. Each quotation from AGROMANAGER is only valid for a period of fifteen (15) calendar days. After this period, the quotation expires unless AGROMANAGER explicitly accepts the Customer’s later offer in writing.<\/p>\n<\/p>\n

An agreement is concluded between AGROMANAGER and the Customer as soon as the latter accepts a quotation sent to him by signing it either in writing or electronically. In accordance with the Economic Law Code, the Parties expressly acknowledge that electronic communication forms establish a valid agreement. AGROMANAGER may use all electronic files at its disposal, within the limits of the law, to prove the existence of the agreement. A regular, digital, or electronically qualified signature is not an essential proof requirement.<\/p>\n<\/p>\n

However, AGROMANAGER expressly declares that its quotations are always non-binding. This means concretely that AGROMANAGER reserves the right to revoke or modify its quotations even after acceptance by the Customer. AGROMANAGER can only revoke an accepted quotation by means of a written notice to the Customer.<\/p>\n<\/p>\n

AGROMANAGER can only modify an accepted quotation by sending the Customer a new quotation with the explicit mention that the previous quotation is no longer applicable. In any case, AGROMANAGER must communicate the revocation or modification of the quotation no later than five (5) working days after the Customer’s acceptance of the initial quotation. The above does not prevent AGROMANAGER from withdrawing a sent quotation, which has not yet been accepted by the Customer, at any time by simple notification to the Customer via email. AGROMANAGER makes a distinction between two types of quotations:<\/p>\n

– Quotations in which AGROMANAGER offers various functionalities of the Agromanager Software as a Service (SaaS) platform to the Customer for a certain license fee (hereinafter: “Software Quotation”);<\/p>\n

– Quotations in which AGROMANAGER sells one or more hardware products (including, but not limited to: printers and scanners) to the Customer for a certain selling price (hereinafter: “Hardware Quotation”).<\/p>\n<\/p>\n

3. FORCE MAJEURE<\/h2>\n

When AGROMANAGER is prevented from fulfilling its obligations towards the other Party in whole or in part due to circumstances beyond its control, force majeure is considered to exist. Force majeure is broadly interpreted and includes actions by third parties. In such a case, AGROMANAGER is entitled to suspend its obligations for the duration of the force majeure. In case of force majeure, AGROMANAGER is not obliged to pay damages.<\/p>\n<\/p>\n

As soon as it appears that the force majeure situation is of a permanent nature or lasts longer than ninety (90) days, each Party has the right to terminate the Agreement immediately and unilaterally via registered mail. Performances already delivered by AGROMANAGER will be invoiced to the Customer.<\/p>\n<\/p>\n

4. SPECIFIC CONDITIONS REGARDING SOFTWARE PRODUCTS<\/h2>\n

4.1 Independence<\/h3>\n

Every service agreement between AGROMANAGER and a Customer resulting from a Software Quotation always constitutes a service agreement in which AGROMANAGER, as an independent business, provides services at its own expense and risk to the Customer. In no case do the Customer and AGROMANAGER intend to conclude an employment contract in this regard.<\/p>\n<\/p>\n

4.2 Delivery<\/h3>\n

The Customer must provide AGROMANAGER with the necessary information, data, images, and documents in a timely manner so that AGROMANAGER can activate the Customer’s administrator account within the period stipulated in the Software Quotation.<\/p>\n<\/p>\n

4.3 Duration of the License<\/h3>\n

The service agreement comes into effect on the date of signing the quotation by both Parties. The License granted by this service agreement is valid for a renewable period of one (1) year. The License is granted from the moment of activation of the Licensee’s administrator account on the Platform. Each Party has the right to terminate the service agreement at the end of each period. The Party wishing to terminate the service agreement must notify the other Party at least one (1) month before the end of the license period by email. Unless there is proper termination, the service agreement is automatically renewed at the end of each license period with a new license period of one (1) year. Each Party may suspend or terminate the performance of the service agreement immediately or temporarily at any time when that Party is faced with a substantial breach by the other Party related to one or more essential obligations included in these license conditions. Prior notice by registered mail, giving the other Party a reasonable period to fulfill its obligations, is mandatory to the extent that such a period can still be of any use. The termination is without prejudice to the other rights of the Party terminating the Service Agreement, including the right to claim compensation for the damage suffered due to the non-fulfillment of the obligations.<\/p>\n<\/p>\n

Each Party has the right to terminate the service agreement immediately and unilaterally if one of the Parties no longer complies with the requirements of these license conditions for a period of two (2) months or longer due to bankruptcy or debt settlement. The Party terminating the service agreement must notify the defaulting Party of this by registered mail. Both Parties remain bound to fulfill their obligations until receipt of the letter. The termination of the service agreement implies that the Licensee and the End Users associated with him no longer have access to the Platform and the available data. The deactivation of the user account does not automatically entail the immediate and irrevocable deletion of the account and the associated data. AGROMANAGER undertakes not to delete this data for a period of one (1) month following deactivation. The Licensee and the End User can obtain an export of this data in a machine-readable form upon written request to AGROMANAGER. The Licensee is not entitled to a refund of the amounts already paid by him if the service agreement is terminated for any reason before the scheduled end date.<\/p>\n<\/p>\n

4.4 Payment<\/h3>\n

All invoices from AGROMANAGER must be paid, unless otherwise specified on the invoice, to the following account number: IBAN: BE77 7360 4530 6542. The Customer has the choice between a one-time and definitive advance payment for the entire license period and a monthly periodic payment. In the case of monthly payment, AGROMANAGER will charge a surcharge, as indicated in the quotation. The rates for hosting as included in the quotation only apply to the specified period and are purely indicative. Consequently, the final rates may, within reason, differ from the rates in the quotation at the time of invoicing. Invoices related to the license fee must be paid within thirty calendar days after the invoice date.<\/p>\n<\/p>\n

In case of non-payment or incomplete payment on the due date, the applicable legal interest in case of late payment in commercial transactions will be charged, along with a fixed compensation of 10% of the invoiced amount. These fees are automatically due without any requirement for a prior registered letter. AGROMANAGER reserves the right to request compensation for other damages due to this defective payment, including but not limited to collection costs and costs for engaging a lawyer.<\/p>\n<\/p>\n

4.5 License Conditions<\/h3>\n

For a comprehensive understanding of the rights and obligations of AGROMANAGER and the Customer in the context of a service agreement, the Customer is referred to the license conditions and the processing agreement, which can be found on our website together with these quotation conditions.<\/p>\n<\/p>\n

5. SPECIFIC CONDITIONS REGARDING HARDWARE PRODUCTS<\/h2>\n

5.1 Delivery and Risk<\/h3>\n

AGROMANAGER will do its best to deliver the hardware products ordered by the Customer promptly. However, the delivery period stipulated in the quotation is always indicative and not binding. Consequently, the Customer cannot obtain any refund or compensation if the purchased products are not delivered on time. It is the responsibility of the Customer to enable the delivery at the agreed place in the presence of the Customer or a third party designated by the Customer. Delivery occurs once the ordered hardware products have been offered to the Customer. If an attempted delivery is unsuccessful due to a shortcoming on the part of the Customer, the costs of new delivery attempts are entirely at the expense of the Customer. AGROMANAGER bears the risk of damage and\/or loss of the hardware products until the moment of delivery. The risk of the hardware products transfers to the Customer as soon as the Customer or a third party designated by him takes delivery of the ordered hardware products. Each delivery generally requires the signing of the delivery confirmation, but the lack of signature has no effect on the transfer of risk.<\/p>\n<\/p>\n

5.2 Payment and Invoicing<\/h3>\n

All invoices from AGROMANAGER must be paid, unless otherwise specified on the invoice, to the following account number: IBAN: BE77 7360 4530 6542. Invoices related to the sale of hardware products must be paid within thirty calendar days after the invoice date. AGROMANAGER will only proceed with the delivery of the ordered hardware products after the payment of the selling price has been made. In the event of non-payment or partial payment on the due date, the statutory interest rate applicable to late payments in commercial transactions shall be charged, together with a fixed compensation of 10% of the invoiced amount, subject to a minimum of EUR 250.00. These charges shall be payable automatically, without any requirement for a prior registered letter. AGROMANAGER reserves the right to claim compensation for any other loss resulting from this failure to pay, including but not limited to, debt collection costs and the costs of engaging legal counsel.<\/p>\n<\/p>\n

5.3 Warranty<\/h3>\n

In accordance with articles 1641 to 1649 of the Civil Code, AGROMANAGER must guarantee to the Customer the hidden (non-visible) defects in the hardware products it delivered. The system of hidden defects does not apply if the Customer was aware of these defects or was deemed to be aware of them at the time of the purchase. Consequently, every Customer has the right to repair if, after delivery, he discovers a hidden defect in the delivered hardware product, in accordance with legal regulations. This warranty does not apply to:<\/p>\n

– damage caused by normal wear and tear, accidental or intentional changes made by the Customer to the hardware products, including improper and incorrect use, and exposure to moisture, fire, and other external causes;<\/p>\n

– damage caused by installation and use in a manner that is not in accordance with the instructions and information provided by AGROMANAGER and\/or the manufacturer;<\/p>\n

– damage caused after the removal of seals on certain parts and after removal or illegibility of the serial number and other numbering of product series;<\/p>\n

– the Customer or an unauthorized third party may never remove these seals without the express written permission of AGROMANAGER or the manufacturer.<\/p>\n<\/p>\n

Once the Customer or a third party designated by the Customer receives the hardware products, he is obliged to carefully examine these products. If a hardware product is affected by a visible defect, a complaint can be filed. The Customer must communicate such complaints explicitly, unequivocally, motivated, and in writing to AGROMANAGER, preferably upon receipt, and no later than three (3) calendar days after delivery to the Customer or a third party designated by the Customer. If a hardware product is affected by a non-visible defect, a complaint can also be filed. The Customer must communicate such complaints explicitly, unequivocally, motivated, and in writing to AGROMANAGER, within seven (7) calendar days after the discovery of the defect.<\/p>\n<\/p>\n

If the above conditions are met, the Customer has the right to free repair or replacement, depending on the situation. Only when the repair or replacement is excessive or impossible or cannot be carried out within a reasonable period, the Customer has the right to a full or partial refund. The Customer must substantiate this in a clear and well-founded manner. The resulting compensation can never be greater than the amount invoiced to the Customer.<\/p>\n<\/p>\n

If the above conditions are not met and the Customer wrongly had the hardware products collected by AGROMANAGER, AGROMANAGER will redeliver the hardware products to the Customer. The costs of this delivery are borne by the Customer.<\/p>\n<\/p>\n

6. APPLICABLE LAW AND COMPETENT COURT<\/h2>\n

These quotation conditions are exclusively governed and interpreted in accordance with Belgian law. Belgian law exclusively applies to these quotation conditions, the appendices thereto, and the resulting agreements, excluding the operation of any other choice of law. The applicability of the Vienna Sales Convention is expressly excluded. The nullity or invalidity of (part of) a provision in these quotation conditions, the appendices thereto, and the resulting agreements has no effect on the validity of the other provisions. The disputed provision is considered to stand on its own. AGROMANAGER has the right to replace this provision with a valid provision with a similar purpose. The use of (sub)titles in the quotation conditions and the appendices is purely illustrative.<\/p>\n<\/p>\n

In case of any dispute regarding the validity, interpretation, enforcement, operation, execution, or termination of these quotation conditions, the appendices thereto, and the resulting agreements, AGROMANAGER will make every effort to find an amicable solution. In the absence of an amicable solution, the dispute can be submitted to an arbitration and mediation center (such as CEPANI). Any dispute regarding the validity, interpretation, enforcement, operation, execution, or termination of these quotation conditions, the appendices thereto, and the resulting agreements will be submitted to the exclusive jurisdiction of the courts of the judicial district of East Flanders.<\/p>\n<\/div>\n


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General terms and conditions 1. GENERAL These quotation conditions apply exclusively and at all times to all agreements between AGROMANAGER and the Customer. The Customer accepts the applicability of these quotation conditions upon signing the quotation, except in the case of an explicit deviation. The applicability of any general terms and conditions of the Customer […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2233","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.agromanager.eu\/en\/wp-json\/wp\/v2\/pages\/2233","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.agromanager.eu\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.agromanager.eu\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.agromanager.eu\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.agromanager.eu\/en\/wp-json\/wp\/v2\/comments?post=2233"}],"version-history":[{"count":3,"href":"https:\/\/www.agromanager.eu\/en\/wp-json\/wp\/v2\/pages\/2233\/revisions"}],"predecessor-version":[{"id":2407,"href":"https:\/\/www.agromanager.eu\/en\/wp-json\/wp\/v2\/pages\/2233\/revisions\/2407"}],"wp:attachment":[{"href":"https:\/\/www.agromanager.eu\/en\/wp-json\/wp\/v2\/media?parent=2233"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}