CONDITIONS OF SALE
These conditions form an integral part of the agreement to the exclusion of the customer's own conditions. Only a written exemption is possible.
1. Acceptance. Unless we have prior written agreement, the very fact that the customer entrusts us with an order, work or service will mean that he accepts all of our conditions of sale stipulated below. The general conditions of sale appearing on our customers' documents are not binding on us.
The buyer's general purchasing conditions are not valid unless we send a written agreement stating our agreement. Acceptance of order forms or sending of an order confirmation never implies that we accept the buyer's terms of purchase.
2. Delivery and execution times. Delivery takes place at the seller's premises, unless otherwise agreed in writing. All delivery and completion times mentioned are always approximate and we will respect them wherever possible. Failure to exceed these deadlines will under no circumstances give rise to damages or a penalty. Furthermore, the customer will also not have the right to cancel the contract or order and/or refuse to take delivery of the goods and/or the execution of the work and/or payment.
3. Force majeure. Orders are executed as quickly as possible depending on available stocks and processing and production possibilities. If circumstances, beyond our control, prevent us from respecting our commitments, we have the choice either to suspend the agreement for the duration of the events, or to terminate the agreement by written notice to the buyers.
4. Risk. As soon as the goods leave our firm, all risks are borne by the customer.
5. Claims. Complaints relating to our goods, services or invoices will only be admissible if they are addressed to our firm in writing, by registered letter to the post office within seven calendar days following the day of delivery or execution, or following the bill date. Furthermore, any complaint relating to the nature, quantities, quality and external appearance of the goods must be addressed to us at the time of delivery and also be expressly mentioned on the original transport document, delivery and/or service report in the possession of ourselves or our carrier. Hidden defects must be communicated as soon as they are detected in the manner determined in this article. Unless we agree in writing, no return will have legal effects; the simple acceptance of returned goods always takes place without reservation, and never implies our agreement with the return. The occurrence of complaints does not relieve the customer of his obligation to pay our invoices when due.
6. Payment. Unless otherwise agreed in writing, all our invoices are payable in cash on their date. Payment will be made without compensation or discount not agreed in writing. In the event of non-payment of an invoice on the due date, even those not due, will become due in full by operation of law, increased by the following compensation. Any amount due will automatically and without notice or formal notice, accrue late payment interest, calculated on the basis of the interest rate of 9% per year. In addition, all amounts due will be increased by 10% of the principal amount as a conventional lump sum compensation, with a minimum of 75 EUROS per invoice, as a compensation clause for extrajudicial recovery costs and contractual damage, without prejudice to other relevant recovery costs.
7. Reservation of title. All our sales and deliveries always take place under the suspensive condition of full payment and we expressly reserve the right of ownership of the goods delivered, until full payment of the price. Until this any ni/or make any changes. In the event of non-payment we will have the right to recover the goods from the customer at his own risk and expense, even if they have already been installed or become immovable, all this without legal intervention, since the customer gives us this right irrevocably by placing your order, and all this without prejudice to all our other conditions. In the meantime the goods must be kept in their original condition.
8. Solvency. We will always have the right to request deposits before delivery or intervention. Without prejudice to this right reserved to us in the preceding article, we may also claim full guarantees or even full payment, if our confidence in the customer's solvency has been shaken, for example by late payment of an invoice, by his refusal to accept a draft or by protesting a draft, by the request for payment terms, the request for a judicial composition, by acts of legal proceedings against the client and/or by any other obvious event. In all cases we will also have a right of retention on all goods which are the property of the customer, and until full payment.
9. Warranty. We only grant warranties on products delivered by us. This guarantee is in any case limited to the guarantee given by the manufacturer or supplier. Furthermore, the warranty is limited to failures directly attributable to a design, production or component error, and to the provision of replacement goods or parts, to the exclusion of all costs of any kind, such as travel, hourly rates, etc. The customer is required to deposit the goods in our workshops and pick them up there, unless he requests them to be sent at his own expense and risk. All goods and parts replaced under warranty always become our property.
Any claim to a guarantee expires:
- In case of illicit use, abuse or use of a device in contravention of the instructions accompanying the product.
- In the event of lack of supervision or maintenance, in the event of humidity, corrosion, dirt and other causes.
- In the event of repair, modification, replacement or addition of parts, or other interventions.
- In the event of non-compliance with payment obligations towards us. Furthermore, we will never be required to compensate for any indirect damage, operational damage or loss of profit, nor for damage or losses suffered by third parties.
10. Disputes. All disputes fall under Belgian legislation. In the event of a dispute, only the courts of the judicial district of Brussels have jurisdiction.