Galva Power Group NV (“GPG”) acknowledges no modifications or additions to these general terms and conditions. GPG shall never be bound by any contrary promise, commitment, or condition not confirmed in writing by GPG.

Terms and Conditions

Coming into being. Orders from the Customer only bind GPG after written confirmation by the Customer. Without the acceptance by the client-principal (“Client”) of these terms and conditions, without which GPG would never have contracted with the Client, GPG has no obligations whatsoever towards the Client. GPG is no longer bound by any quotation, confirmation or agreement if it appears that GPG does not (or no longer) has a credit limit with its credit insurer concerning the Client.
By placing an order, the Customer irrevocably grants GPG permission to take photographs of the goods offered by the Customer for hot-dip galvanising (hereinafter “Goods”). GPG may use these photographs, together with any photographic material of the Goods provided to GPG by the Customer, freely and without charge for commercial purposes, irrespective of whether the Goods or photographs are protected by intellectual property rights. GPG shall not be liable for infringement of intellectual property rights, licences or other rights of third parties.
Delivery times. Any delivery periods stated by GPG are not binding. GPG shall never be liable for any exceeding of these periods, and this does not grant the Customer any right to compensation or dissolution of the agreement. GPG is entitled to make partial deliveries.
Quotes and prices. Our quotations are non-binding and may be amended or withdrawn by us at any time.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 rise, either individually or collectively, by more than 5% since the conclusion of the agreement. The Customer must notify GPG, at the latest in its price enquiry, its order form and upon delivery of the Goods, to inform GPG whether the Goods are to be galvanised in accordance with the DASt-022 guideline. If the price quoted by GPG is based on weights, the price shall always be determined on the basis of the galvanised weight as measured by GPG. Any additional work of any kind carried out by GPG shall be charged to the Customer.
Delivery, risk and defects. The Customer acknowledges and accepts that the Goods are delivered, unloaded, stored, loaded, insured, and transported at its own risk and expense by GPG, whether on GPG's premises or on the public highway. The delivery of the Goods by GPG shall take place ex works (Incoterms in force on the date of the conclusion of the agreement).
The Customer is solely liable for the insurance of the cargo and must ensure that all statutory provisions concerning the cargo and its insurance, as well as the technical requirements of the vehicle, are always complied with and fulfilled.
The Customer bears sole risk and responsibility for Goods that are galvanised in accordance with the DASt-022 guideline.
The Goods shall be collected and/or inspected by the Customer, at its own expense and risk, within five days of notification by GPG of the cessation of unloading of the Goods to the Customer (“Notification”). After this period, the Goods shall be deemed to have been approved and accepted by the Customer.
If this 5-day period after Notification is exceeded, GPG may charge storage costs for the Goods and/or have them removed at the Customer's expense and risk.
If the Customer is unable to collect the Goods within 5 days of Notification, the Customer must inform GPG of this at the latest upon delivery of the Goods, whereupon GPG will ascertain whether it can store these Goods for a fee and subject to written agreement.
The Customer acknowledges and accepts that GPG can never be considered a custodian of the Goods and hereby releases GPG from any responsibility and liability in this regard.
Payment. Invoices must always be paid in cash upon collection of the Goods, unless a different due date has been agreed in writing. If no payment term has been agreed, GPG's invoices must be paid within 30 calendar days of the invoice date at the latest. In the event of late payment, the invoice amount will, by operation of law and without prior notice of default, be increased with interest and compensation in accordance with the Law on Combating Payment Arrears in Commercial Transactions. In the event of late payment of one invoice, all outstanding invoices will become immediately due and payable.
The Customer acknowledges and accepts that GPG has a right of retention over the Goods as security for all amounts owed by the Customer to it.

Complaints. By taking delivery of the Goods, the Customer acknowledges that they have checked them for conformity, any discrepancies in quantity, and/or visible defects. GPG will only accept written complaints submitted to them within 11 calendar days of Notification, by registered letter. Late complaints will not be accepted. If the Customer has complaints, they must keep the Goods unchanged and available to GPG at their own expense, for as long as GPG needs to investigate them.
The Customer is aware that post-treatment of galvanised Goods, such as welding, bending, dismantling and reassembling, painting or lacquering, as well as transport, can cause severe damage to the galvanised Goods, for which GPG accepts no complaints or liability whatsoever.
Warranty and liability. Unless otherwise agreed in writing with the GPG Board of Directors, GPG provides no warranty on the galvanised Goods, including for hidden
If GPG provides a warranty on the Goods, it is always limited to the agreed zinc coating thickness and limited for any errors made by GPG. GPG can only be liable for damage caused to the Goods by its actions.
GPG shall never be liable for claims from third parties, against which the Customer shall always indemnify GPG, or for damage that third parties may suffer.
GPG shall not be liable or responsible should the Goods fail to comply with the DASt-022 guideline.
In the event GPG is held liable for damages for any reason whatsoever, this can never exceed the amount invoiced by GPG for the galvanising of the Goods, to the exclusion of any liability for any other compensation of any nature whatsoever, such as, for example, loss of use or profit, consequential loss or damage to other goods or persons.
Valuation of Goods. The Customer is responsible for valuing the Goods to enable GPG to fulfil its administrative obligations.
Applicable law and competent courts This agreement shall be governed by Belgian law, to the exclusion of the Vienna Sales Convention, and any disputes shall fall exclusively under the jurisdiction of the courts of Limburg, Hasselt division, Belgium.

Special conditions

Quality standards for steel. Subject to any written agreement to the contrary, the execution of the order shall be in accordance with European standard EN ISO 1461 and the Goods shall comply with European standard EN ISO 14713, as applicable on the date of the formation of the
The steel grade of the Goods must meet the following criteria for GPG to be able to galvanise it properly:% silicon + % phosphorus < 0.05 in % aluminium < 0,04

% silicon – 10 % phosphorus > 0.05 and % silicon < 0,4

% carbon < 0,25
%Mn < 1,35
Tempered steel
no combination of different steel types. The Customer has a best efforts obligation to ensure that the steel grade of the Goods meets these criteria. GPG has no duty of investigation and is not liable for the consequences and damages of any kind, including consequential damages, caused by a steel grade that does not meet these criteria.
A silicon surcharge of 20% per kilogramme will be applied to deliveries of steel grades that do not meet the above criteria (steel grades with high silicon and phosphorus content).
If Goods are to be galvanised in accordance with the DASt-022 directive, it is the sole responsibility of the Customer to ensure that the Goods comply with these requirements.

Commitments of GPG. GPG's obligations are limited to the material execution of the agreed work, without any advice, information, or in any event is GPG responsible for the Customer's choice to hot-dip galvanise the Goods, nor for the choice of Goods to be galvanised, nor for galvanising the Goods according to the DASt-022 guideline.
GPG shall not be responsible for any deformations that may occur due to thermal treatment (450°C to 460°C). GPG accepts no complaints nor is it liable for contact marks or damage to the Goods caused by GPG's suspension or loading systems, for local zinc thickenings, for filled thread sections or hinges, or for galvanising defects in hard-to-reach, hollow parts.
Customer Obligations. Goods delivered assembled are presumed to be in that condition. The Customer must allow for sufficient clearance (at least 1 mm) if free movement of hinges, tapped threads etc. is desired after sinking.
The directing of the Goods after sinking, if possible, is entirely at the expense and risk of the Customer. Cast iron materials require special treatment and this must be requested in writing by the Customer.
The Customer is responsible for the pre-treatment of the Goods: cleaning, clearing, plugging, etc. are at the Customer's expense, who has a commitment to achieve the result that the Goods are free from rust, welding spatters, grease, oil, paint, varnish, bitumen, anti-spatter products used during welding (e.g. silicones) and other non-water-soluble products. The Customer ensures that the Goods to be galvanised can be galvanised as a whole and without special treatment or special tools. The Goods must also be provided with an adequate suspension system or means. If one of these conditions is not met, GPG may refuse to perform the service or carry out any necessary treatments at the Customer's risk and expense.
The Customer has a performance obligation that sufficient and compliant ventilation and drain holes are drilled in the Goods and is solely and unlimitedly liable for all personal and material damage, in particular damage to the galvanising installations, which GPG or third parties may suffer and which arises directly or indirectly from their absence.
If GPG establishes that the Goods have no or insufficient holes, GPG shall be entitled, at the Customer's cost and risk (such as the creation of the holes, along with all other costs such as those for taking the goods out of production, re-galvanising, re-binding, ...), to either refuse the galvanisation or make these holes itself.
The Customer acknowledges and accepts that GPG (1) may always assume in good faith that the Customer is fulfilling its obligations, (2) has no duty to investigate or verify, and (3) can never be held responsible or liable for any damage if the Customer fails to fulfil its obligations and GPG nevertheless galvanises the Goods.
As an irrevocable third-party stipulation for the respective beneficiaries, the Customer, as the counterparty of GPG, waives all non-contractual claims against (statutory) directors, employees, self-employed managers, and all other auxiliary persons that GPG may rely on at any time in the performance of its obligations under these terms and conditions, except in cases of fraud, personal injury, and damage caused by wilful misconduct, or if the breach is not exclusively related to the performance of these terms and conditions and the damage is not related to the non-fulfilment of the obligations subject to these terms and conditions.
Packaging. The Customer must deliver the Goods in suitable packaging material, which can be reused after processing; otherwise, GPG is entitled to [take action] at the Customer's expense and risk.
Nail treatment. If the Goods undergo specific treatment after galvanising, such as varnishing, coating, powder coating, etc., the Customer must state this in their price request, their purchase order, and when delivering their Goods to GPG. In no event shall GPG be liable for any incidental problems or damage arising from the
Zinc Information Benelux. At the Customer's request and following written agreement with GPG, the general sales, delivery, and payment terms and conditions of Zinkinfo Benelux, in accordance with Belgian law, and/or the general hot-dip galvanizing warranty terms and conditions of Zinkinfo Benelux may be declared applicable.