Galva Power Group NV (“GPG”does not recognise any modifications or additions to these Terms and Conditions. GPG shall never be bound by any other promise, commitment or condition not confirmed in writing by GPG.

Terms and Conditions

1. Establishment. Orders placed by the Customer shall only bind GPG upon written confirmation. Without the acceptance of the ordering Customer...„Client„) of these Conditions, without which GPG would never have entered into a contract with the Client, GPG shall have no obligations towards the Client.

GPG shall no longer be bound by any offer, confirmation or contract as soon as it becomes apparent that GPG does not (or no longer) has a credit limit with its credit insurer concerning the Client.

When placing an order, the Customer grants GPG irrevocable authorisation to photograph the goods entrusted to it by the Customer for hot-dip galvanising (hereinafter referred to as „the„Merchandise„). These photographs, along with the photographic equipment for the Goods that the Customer makes available to GPG, may be used by GPG freely and at no cost for commercial purposes, even if the Goods or photographs are protected by intellectual property rights. GPG is not responsible for the infringement of intellectual property rights, licences, or other third-party rights.

2. Delivery times. Any delivery times indicated by GPG are for guidance only. Any delays will never make GPG liable and will not entitle the Customer to any compensation or termination of the contract. GPG is entitled to make partial deliveries.
3. Offers and prices. Our quotations are non-binding and we may amend or withdraw them at any time. Our prices are net prices. GPG reserves the right to increase prices after the contract has been concluded if the prices of raw materials, wages, social security contributions, insurance premiums or environmental costs increase, either individually or collectively, by more than 5 % from the date the contract is concluded.

The Customer must indicate to GPG, at the latest on its price request, its purchase order and upon delivery of the Goods, that the Goods must be galvanised in accordance with the DASt-022 directive.

If the price offered by GPG is based on weight, the price will always be determined based on the galvanised weight as weighed by GPG. Any additional work carried out by GPG, of whatever nature, will be charged to the Client.

4. Delivery, risk and defects. The Customer acknowledges and agrees that the Goods are, at its risk and expense, delivered, unloaded, stored, loaded, insured and transported at GPG's premises, whether on GPG's grounds or on the public highway. Delivery of the Goods by GPG shall be deemed to take place ex-works (in accordance with the Incoterms applicable at the date of conclusion of the Agreement).

The Client is exclusively responsible for the insurance of the cargo and must ensure that all legal provisions relating to loading and its insurance, as well as the technical requirements of the vehicle, are respected and fulfilled.

The Customer exclusively bears the risk of Goods that are galvanised according to guideline DASt-022 and is solely responsible for them.

The Goods must be collected and/or inspected by the Customer, at their own cost and risk, within five days of notification of the completion of the galvanisation of the Goods by GPG to the Customer („Notification„). After this period, the Goods are deemed to have been approved and accepted by the Customer.

If this 5-day period following the Notification is exceeded, GPG may charge for the storage of the Goods and/or arrange for their removal at the Customer's expense and risk.

If the Customer cannot collect the Goods within 5 days of the Notification, they must inform GPG no later than the delivery of the Goods, after which GPG will verify if these Goods can be stored for a fee and by written agreement.

The Client acknowledges and agrees that GPG shall never be considered a bailee of the Goods and hereby releases GPG from any and all liability and obligation in this regard.

5. Payment. Invoices must always be paid in cash upon collection of the Goods, unless another payment date has been agreed in writing. If no payment period has been agreed, GPG invoices must be settled no later than 30 calendar days from the invoice date.

In the event of late payment, the invoice amount shall be increased, by operation of law and without prior notice, by interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act. In the event of late payment of an invoice, all unpaid invoices shall become immediately due and payable.

The Customer acknowledges and agrees that GPG has a right of retention over the Goods, as security for all sums owed by the Customer to GPG.

6. Claims. Upon taking delivery/receipt of the Goods, the Customer acknowledges having checked them for conformity, quantity discrepancies and/or visible defects. Only written claims, which must reach GPG by registered mail within 11 calendar days following Notification, will be accepted by GPG. Subsequent claims will not be accepted. If the Customer has claims, they must keep the unmodified Goods available for GPG at their own expense, until GPG has been able to examine them.

The Customer acknowledges that post-treatment of the galvanised Goods, such as welding, bending, dismantling and assembly, painting or lacquering, as well as transport, may cause serious damage to the galvanised Goods, for which GPG accepts no claims or liability.

7. Warranty and liability. Unless otherwise agreed in writing with GPG’s Board of Directors, GPG provides no guarantee on the galvanised Goods, nor on any hidden defects.

If GPG provides a guarantee on the Goods, this is always limited to the agreed-upon zinc coating thickness and limited to any errors potentially made by GPG.

GPG shall only be liable for damage caused by its actions to the Goods.

GPG shall never be liable for third-party claims, against which the Client must always indemnify GPG, nor for damages that third parties may suffer.

GPG disclaims all liability or recourse should the Goods not conform to the DASt-022 directive.

In the event that, for any reason whatsoever, GPG is held liable for compensation, such compensation shall never exceed the amount charged by GPG for the galvanisation of the Goods, to the exclusion of any liability for any other compensation of any nature whatsoever, such as loss of use or profit, consequential damages, or damage to other property or persons.

8 Assessment of Goods. The Client is responsible for assessing the Goods to enable GPG to fulfil its administrative obligations.

9. Governing law and competent jurisdictions. This Agreement shall be governed by Belgian law, to the exclusion of the Vienna Convention on Sales, and any dispute that may arise shall fall exclusively within the jurisdiction of the courts of Limburg, Hasselt division, Belgium.

Special conditions

10. Quality standards for steel. Unless otherwise agreed in writing, the order shall be executed in accordance with European standard EN ISO 1461 and the Goods shall comply with European standard EN ISO 14713, in force at the date of conclusion of the Contract.

The type of steel for the Goods must meet the following criteria for GPG to be able to galvanise them correctly:

              % silicon + % phosphorus < 0.05

       et % aluminium < 0.04

                         Oh

              % silicon – 10 % phosphorus > 0.05

       et % silicon < 0.4

• % carbon < 0.25
• %Mn < 1.35
• Alloy steel type
• no combination of different types of steel.

The Customer is responsible for ensuring that the quality of the steel of the Goods meets these criteria. GPG has no duty of research and is not liable for consequences and damages of any nature whatsoever, including indirect damages, due to a steel quality that deviates from these criteria.

A silicon surcharge of 20% per kilogramme will be applied to steel grades that do not meet the criteria set out above (steel grades with high silicon and phosphorus content).

If the Goods are to be galvanised in accordance with the DASt-022 directive, the Customer assumes full responsibility for ensuring that the Goods meet these requirements.

11. GPG obligations. GPG's obligations remain limited to the physical execution of the agreed work, without any obligation to provide advice, information, or explanations. GPG shall not be liable in any way for the Client's choice to hot-dip galvanise the Goods, nor for the choice of Goods to be galvanised, nor for the galvanisation of the Goods in accordance with directive DASt-022.

GPG shall not be held liable for any deformation which may occur during heat treatment (450°C to 460°C). GPG accepts no claims and shall not be liable for contact marks or damage to the Goods caused by GPG's suspension or loading systems, for local excesses of zinc, for zinc filling of threaded parts or hinges, nor for galvanising defects on hollow, hard-to-access parts.

12. Customer's Obligations. Goods delivered assembled are deemed to be galvanised as is. The Customer must allow for the necessary clearance (at least 1 mm) if handles, threads, and the like are to retain their mobility after galvanisation.

The straightening of goods after galvanisation, if possible, is entirely at the Client's expense and risk. Cast iron materials require special treatment which must be requested in writing by the Client.

The Customer is responsible for the pre-treatment of the Goods, i.e. cleaning, tapping, etc., are the responsibility of the Customer, who must ensure that the Goods are free from rust, weld spatter, grease, oil, paint, varnish, bitumen, anti-splatter products used for welding (e.g. silicones) and other water-insoluble products. The Customer shall ensure that the Goods to be galvanised can be galvanised in their entirety and without special treatment or tooling. The Goods must also be provided with an adequate suspension system or means. If any of these conditions are not met, GPG may refuse to carry out the work or carry out any necessary treatment at the Customer’s risk and expense.

The Customer undertakes to ensure that sufficient and compliant ventilation and drainage openings are made in the Goods and is solely and unlimitedly liable for all personal and material damage, particularly to galvanising plants, suffered by GPG or third parties, which result directly or indirectly from their absence.

Yes, when processing the Goods, GPG is authorised, at the Customer’s expense (including the creation of holes and all other costs such as the removal of goods from production, re-galvanisation, re-hanging, etc.) and risk, to refuse galvanisation or to make these holes itself.

The Client acknowledges and agrees that GPG (1) may at all times reasonably determine in good faith that the Client is fulfilling its obligations, (2) has no duty of inquiry or supervision, and (3) disclaims any liability or recourse for any damages if the Client does not fulfil its obligations and the Goods are, despite this, galvanised by GPG.

13. Stipulation for the benefit of a third party. As an irrevocable stipulation for the benefit of the respective beneficiaries, the Client, as a contracting party of GPG, waives all non-contractual claims against the directors (executive), employees, independent managers and all other auxiliary persons to whom GPG has recourse at any time in the performance of the obligations under these Conditions, except in cases of fraud, personal injury or damage caused by wilful misconduct, or if the breach is not solely related to the performance of these Conditions and the damage is not related to the non-fulfilment of the obligations under these Conditions.
14. Packaging. The Customer must deliver the Goods in robust packaging which can be reused after processing. If this is not the case, GPG is authorised to package the Goods at the Customer's expense and risk.
15. Post-processing. In the event that the Goods undergo specific treatment, such as lacquering, coating, powder coating, etc., after galvanisation, the Customer must mention this in their price request, purchase order, and when delivering the Goods to GPG. GPG cannot be held responsible in any way for any problems or damage resulting from post-treatment.
16. InfoZinc Benelux. At the Customer's request and following written agreement from GPG, the InfoZinc Benelux General Terms and Conditions of Sale, Delivery and Payment under Belgian law and/or the InfoZinc Benelux General Hot-Dip Galvanising Warranty Conditions, may be declared applicable.

ver 01_2025