Last modified on: 12/01/2023

ARTICLE 1 - Definitions.

Unless expressly stated otherwise, capitalized terms within these General Terms and Conditions shall have the following meanings:

Terms and Conditions	These general conditions relating to the purchase and placement of our equipment on the one hand, as well as to the purchase of Charging Services on the other hand.
Blulinc	Blulinc NV, with registered office at 9031 Drongen, Booiebos 8a, with company number 0775.669.111.
Charging services	The services offered by Blulinc for the purpose of charging electric cars via charging stations connected to the Blulinc network and for which Blulinc provides its own application (the "App"). Blulinc's General Terms of Service as published on Blulinc's website apply to the Charging Services.
Customer	The professional natural or legal person who has signed the quotation prepared by Blulinc and as a result of which an agreement has been created.
Charging Pole	Electric facility of Blulinc as installed in accordance with the Quotation, where the Customer can charge an electric vehicle through the Blulinc Charging Services.
Quote	The offer issued by Blulinc to the (potential) Customer, regardless of the means (electronic or non-electronic), for the placement of the equipment, containing the technical and financial specifications of its delivery, sale and installation at the Customer's premises.
Solar Panels	Photovoltaic panels of Blulinc that are connected to the Charging Poles as placed in accordance with the Agreement with the Customer, and supply all or part of the Charging Poles with power.

 

ARTICLE 2 - Object.

2.1.      These General Terms and Conditions apply to all Quotes provided by Blulinc and all resulting engagements with a Client, relating to the placement of equipment on the one hand, and Blulinc's associated Charging Services on the other hand. Blulinc's General Terms of Service, relating to Blulinc's Charging Services, form a part of these General Terms and Conditions.

These General Terms and Conditions are always available on Blulinc's website and are therefore expressly communicated to the Client at least when Blulinc provides an Offer.

2.2. These General Terms and Conditions form part of the Quotation. Consequently, when signing the Quotation, the Customer acknowledges having read these General Terms and Conditions and accepts them without reservation. Under no circumstances will any general terms and conditions of the Customer apply.

2.3. Blulinc reserves the right to modify these General Terms and Conditions. In the event of changes, Blulinc will inform the Client thereof. The most recent General Terms and Conditions will always be available on Blulinc's website.

Adjustments and/or amendments to these General Terms and Conditions also apply with respect to current agreements if the Customer has not commented on the adjustments and/or amendments after five working days following notification of the adjustments and/or amendments. In this case, the Customer shall be deemed to have tacitly accepted the adaptations and/or amendments and the new terms and conditions shall take effect immediately from their notification to the Customer.

ARTICLE 3 - Quotation and formation of the contract between Blulinc and the Client

3.1. The agreement between the Client and Blulinc comes into effect on the date the Client signs the Quotation.

3.2.      Prior to the placement of the equipment the Customer shall ensure that the site is ready to commence work in accordance with the relevant provisions in the Quotation. The Customer undertakes to have completed any preparatory works prior to the date of installation of the equipment.

3.3. The specifications included in the Quotation are based on the information provided by the Customer. The Customer is responsible for the completeness and accuracy of this information. 

ARTICLE 4 - Placement and delivery.

4.1. The placement, execution of pipe laying and commissioning shall be determined in the Quotation and shall be done, if necessary, by Blulinc employee(s) or appointee(s), in accordance with the Quotation and in compliance with applicable legal regulations.

The Customer shall provide a suitable place for the installation, use and maintenance of the Zone Panels and Charging Stations. The Customer shall also provide the necessary electrical connections and/or grounding.

4.2.      If the Customer fails to make the necessary preparations for the installation of the equipment to be made by the agreed installation date, Blulinc reserves the right to refrain from installing it or to make these preparations itself or assign a third party to do so. In these cases, Blulinc may recover the total cost from the Customer.

4.3.      Any deadlines given prior to or after the signing of the Quotation are purely indicative. Blulinc is not liable for any delays incurred as a result of the acts or omissions of its suppliers or any other third party, nor is it liable for any damages suffered by the Client as a result of the failure to install the equipment within the agreed period of time.

4.4. If the Client cancels an appointment for placement less than forty-eight hours in advance or if on the agreed date the placement proves impossible due to the actions and/or omissions of the Client, Blulinc has the right to charge costs consisting of, among other things, call-out costs, administration costs, etc.

4.5.      Blulinc is not liable for any damage that occurs as a result of or in connection with the temporary disconnection of electricity during the installation of the equipment By Blulinc.

4.6.      As soon as the equipment is placed, the handover takes place. An employee on behalf of Blulinc will go through a checklist with the Client to which the placement of the equipment must meet.

4.7. During the completion, it is up to the Client to report any defects he finds to the Blulinc employee. Any defects should be noted on the checklist, which is then signed by both parties. Any defects that were not mentioned in the delivery shall be deemed accepted by the Client.

In the case of established defects that are entirely attributable to Blulinc, Blulinc undertakes to resolve these defects within a reasonable period of time.

4.8.      The Customer accepts delivery once the checklist has been fully completed, completed and signed. As a result, the Customer accepts the placement of the equipment accepts.

ARTICLE 5 - Price

5.1.      The Customer accepts the placement of the equipment in accordance with the price set forth in the Quotation (the "Price").

5.2. All prices charged are based on price determining factors at the time the Quotation was issued, as well as the information provided by the Customer. All prices are expressed in euros and are exclusive of VAT.

5.3. The Price is payable as follows:

- 50% of the price within the 5 days following the signing of the Quotation;

- 40% for placement

- 10% no later than within 15 days of placement.

5.4. If Blulinc is faced with circumstances that would make the performance of the Contract financially or otherwise more burdensome or difficult than is reasonably normal, these will be considered cases of force majeure, such as but not limited to: full or partial strike or interruption of work by Blulinc's personnel or its suppliers, subcontractors, lock-outs, epidemic, significant price increases (including of raw materials), war, fire, economic crisis, etc. They give Blulinc the right to request the revision or dissolution of the contract between it and the Client.

5.5. Blulinc reserves the right to check the Client's financial condition prior to the installation of the Installation. If the results of this check give Blulinc serious doubts as to the solvency of the Client, Blulinc is entitled to charge additional interim amounts or request advance payments, bank guarantees or any other financial guarantees of any kind. Blulinc reserves the right to suspend the provision of the Installation and related Services to the Client if the latter fails to provide such guarantee within three working days following Blulinc's request.

5.6. The Client provides Blulinc with any comments regarding the invoice within 8 days of its receipt. After this period, the invoices are deemed to have been accepted by the Client. If the Client disputes part of an invoice, the undisputed part will be paid within the stipulated payment period.

5.7. In the event of non-payment or incomplete payment within the above-mentioned term, Blulinc shall be entitled to default interest in accordance with the Law of August 2, 2002 on Combating Late Payment. In addition, the sums due but not paid on the due date shall be increased, ipso jure and without notice of default, by liquidated damages of 10% of the amount still due.

5.8. In order to be valid, payment must be made by bank transfer to the account number provided by Blulinc with reference and within the deadline specified on the invoice. The Client shall bear all costs related to the payment of the invoice.

ARTICLE 6 - Rights and obligations of the Customer. 

6.1.      The Client shall provide Blulinc with all cooperation reasonably necessary for the proper execution of the Quotation. The Client shall provide Blulinc with all information and documentation relevant to the correct placement of the equipment. Blulinc is under no circumstances liable for damages as well as any additional costs incurred by the Client or third parties as a result of incomplete, untimely or incorrect information provided by the Client.

6.2.      The Customer declares that he is entitled to enter into a contract with Blulinc and thus declares that he is entitled to the equipment to be placed by Blulinc and to undertake to purchase Charging Services from Blulinc.

6.3. The Customer must ensure that the work on the delivery, installation and commissioning of the Installation can be done in accordance with the Quotation.

6.4.      The Customer is solely responsible for verifying whether certain permits, licenses, etc. are required in view of the placement of the equipment as well as for obtaining and maintaining at its own expense all licenses, registrations, permits or authorizations necessary for the performance of its obligations in connection with the performance of the Quotation.

The Customer complies with the urban planning regulations, as well as the contents of the permits, the installation of which to be carried out of the equipment the object is.

ARTICLE 7 - Use of Charging Services.

7.1.      Each Customer agrees, upon signing the Proposal regarding the placement of equipment To use Blulinc's Charging Services for at least 1 year.

7.2.      This commitment commences on the date of the first commissioning of Blulinc's installed equipment.

7.3. Except in the event of express deviations in these General Terms and Conditions, the use of the Blulinc Charging Services is subject to the General Terms and Conditions of Service, applicable to the Charging Services, which can be viewed on Blulinc's website and are attached to these General Terms and Conditions.

Signing the Quotation is equivalent to acceptance of the General Terms of Service.

ARTICLE 8 - Rights and obligations of Blulinc

8.1.      Blulinc is responsible for the delivery and installation of the equipment and providing the associated Charging Services as provided in the Quote accepted by the Customer.

8.2. Blulinc uses and processes information provided by the Client in good faith and for the purpose of executing the Quotation.

8.3. Blulinc will perform the placement with the skill and care that can reasonably be expected and in accordance with generally accepted industry standards. Blulinc's undertakings should be regarded as resource undertakings. Blulinc will use all reasonable commercial efforts to perform the placement at the agreed time. Unless otherwise stipulated, execution times are given for information purposes only.

8.4. Blulinc reserves the right, at any time, on its own initiative and without prior notice, to take the required measures in the event that the security, integrity or normal operation of its services or infrastructure (or those of its subcontractors or suppliers) is or threatens to be compromised. Such measures may include taking protective measures or suspending the Customer's access to the Charging Services. Under no circumstances can Blulinc be held liable to the Customer for the consequences of taking these measures.

ARTICLE 9 - Intellectual property rights

9.1. All trademarks, service marks, trade names, logos or other words or symbols referring to Blulinc's products, services or commercial activities are and shall remain the exclusive property of Blulinc. The Client may not perform any act that jeopardizes these proprietary rights, nor acquire any right to them, unless otherwise agreed by Blulinc.

9.2. Customer may not remove, alter or conceal applied labels, pictures or other distinctive signs.

ARTICLE 10 - Warranty and liability Regarding the placement of the equipment

10.1.    Blulinc is not responsible when the Customer's equipment not used in accordance with the directions and instructions provided by Blulinc, or according to its usual purpose and manner.

10.2. Blulinc is only liable to the Client for direct damages caused by fraud, intent or gross negligence on the part of Blulinc or Blulinc's appointees and/or employees in the execution of the contract entered into between Blulinc and the Client.

In any event, this liability is limited to the total Price paid by the Customer following the placement of the equipment paid to Blulinc.

10.3. Under no circumstances can Blulinc be held liable for any indirect damages, including loss of profits, loss of production or environmental damage.

10.4.    Under no circumstances is Blulinc liable for damage to the posted equipment or other material of the Customer that was caused by materials used by the Customer but discouraged by Blulinc, shape changes in the architectural sub- or support structures of the location of placement, use of charging cables or other products that do not have CE mark or are otherwise suitable for the charging capacity of electric vehicles, (attempting to) charge unsuitable vehicles and/or other items or by failure to act in accordance with legal regulations and any other damaging act or omission by the Customer.

ARTICLE 11 - Warranty and liability Concerning Charging Services

The liability of Blulinc regarding the Charging Services is regulated in Art. 8 of the General Terms of Service.

In any event, Blulinc's liability per claim is limited to the total amount actually paid by the Customer in connection with the use of the Charging Services for 6 months prior to the claim.

ARTICLE 12 - Premature termination of Charging Services.

In the event that, during the first year after the placement of the equipment discontinues its cooperation with Blulinc regarding the Charging Services, Blulinc will be entitled to compensation equal to the amount that Blulinc could have billed the Customer under normal circumstances during the remaining term.

The amount of compensation takes into account the following factors:

- Number of charging passes issued;

- Any consumption from previous period;

- Estimation of value according to use

- Removal of the goods

- Administration (decoupling subscriptions)

 

ARTICLE 13 - Protection of personal data

Blulinc attaches great importance to the privacy of its Clients and its employees and considers it important that their personal data is treated with due care and confidentiality. For more detailed information on how Blulinc processes personal data of its Clients and its employees, Blulinc refers to the Privacy Statement and Cookie Statement as published on its website www.blulinc.com.

 

ARTICLE 14 - Confidentiality

14.1. Any information specifically labeled as confidential may only be disclosed by the Parties to personnel and/or subcontractors and/or affiliates of the recipient who are reasonably believed to need access to such information for the purpose of executing the agreement between Blulinc and the Client, and in the other cases if the other Party has given its prior written consent or in the event that the recipient of the confidential information is required to do so under a Belgian or foreign law or regulatory provision or in the event that it is required to do so by a judicial or administrative authority.

14.2. Confidential information shall remain the property of the Party communicating it. The communication of Confidential Information does not imply any transfer or assignment of intellectual or other property rights.

14.3.    The obligation of confidentiality described in this section continues to apply for 2 years after the placement of the equipment, or after the end of the Charging Services agreement in accordance with Art. 7 of these General Terms and Conditions.

ARTICLE 15 - Force majeure

15.1.    Blulinc cannot be held liable for delays or shortcomings in the placement of the equipment and/or the provision of the Charging Services when they are the result of unforeseeable facts or circumstances that make the performance of the Quotation and/or the Charging Services impossible independently of its will. Unforeseeable facts and circumstances include, but are not limited to: war, insurrections, riots, civil unrest, acts of civil or military authorities, explosions, bankruptcy of a supplier, strikes or labor disputes, cable breaks, power outages, floods, prolonged frost, epidemics, fire or thunderstorms.

15.2. In the event of Force Majeure, Blulinc is entitled to suspend or limit the execution of the Quotation and/or the Charging Services for as long as the Force Majeure situation exists, without the Customer being entitled to claim compensation for this.

15.3. If performance is delayed by Blulinc for more than 3 months due to Force Majeure, each Party is entitled to dissolve the existing agreement to which the Force Majeure relates, subject to reimbursement of costs already incurred.

ARTICLE 16 - Nullity of a provision

The nullity or unenforceability of one or more provisions of these General Terms and Conditions shall never result in the nullity or unenforceability of the entire General Terms and Conditions. If necessary, the Parties shall in good faith and by mutual agreement replace the void or unenforceable provisions with valid and enforceable provisions that most closely correspond to the intention of the Parties and scope and/or purpose of the invalid or unenforceable provisions.

ARTICLE 17 - Applicable law and competent courts.

1.  These General Conditions are subject to the application of Belgian law.

2.  Any dispute between the Parties regarding the implementation of these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of the district of East Flanders, Ghent division. 

Appendix: General Terms of Service