General sales conditions
1. GENERAL TERMS AND OPPOSABILITY
The purpose of these general terms is to govern our relations with clients who order products or services from us.
All of the clauses in these general conditions of sale are de rigueur and apply to all our sales and provision of services. Only those exemptions that we have explicitly accepted will be allowed.
In ordering, the client acknowledges that he had read and accepted these general conditions of sale. These general conditions of sale alone apply, to the exclusion of any general or specific conditions of the client that we have not explicitly accepted in writing.
All orders, including those made over the phone, will be followed up by a written confirmation and carried out according to these general conditions. Any change that the client makes in the order must also be accepted by us in writing.
The delivery deadlines run as of the date of our written confirmation of the order that is complete and in order.
They are given as rough estimates only, without commitment, unless explicitly stated otherwise.
If we categorically guarantee a deadline, the indemnity that may be due in the case of late delivery will be limited to 0.5% of the sales price of the equipment not supplied or service not performed per week of delay, without the total due for this reason exceeding 5% of this price. This is an absolute limit.
Even in the latter case, the following circumstances release us from having to meet a deadline:
- cases of force majeure;
- noncompliance with the terms of payment;
- changes in the initial order that are made by the client unilaterally.
All equipment is always shipped and travels at the client’s risk and liability, even if the order is shipped prepaid.
The conditions stipulated below shall apply to all our contractual relations.
1. The warranty begins as of the date on which the buyer is informed by us that the equipment is ready for delivery.
2. It covers only the normal and correct use of the equipment. To this end, the client shall comply strictly with the user’s and maintenance manuals. The warranty shall not apply in the case of noncompliance with the maintenance and user’s instructions that have been provided.
3. Our warranty is limited to repairing defective equipment free of charge or replacing it, as we choose. In no event shall any defective equipment delivered be refunded.
4. The transport costs and risks for defective parts, as well as for repaired or replacement parts, shall be borne by the client. The defective parts must be placed at our disposal prior to any replacement or repairs.
5. Our warranty never covers flaws stemming from either materials or parts supplied by the client or a design that the latter has imposed.
6. All repairs, modifications, and dismantling done by the client himself shall automatically forfeit the right to all guarantees.
Our warranty applies strictly. With the exception of fraud on our part, in no event are we obligated to indemnify the client for accidents to people, damages sustained by goods distinct from the scope of this contract, or losses of income.
4. TERMS OF PAYMENT
All our invoices are payable within 30 days of the end of the month. If early payment is made, no discount will be deducted from the amounts due, save prior written agreement on our part.
All challenges of invoices must be submitted to us in writing within a fortnight of the invoice’s dispatch.
The delivered equipment remains our property until full payment of the principle, interest, and accessory amounts (interest, penalties, and any recovery costs that may apply) has been made.
The risks inherent in the sale are transferred to the buyer immediately. In no way does the right that we reserve to issue a bill of exchange or to accept securities in payment alter our general conditions or create any novation.
All payment delays shall trigger by right and without formal notification the debiting of interest at the rate of 8% per year without prejudice as to the immediate exigibility of the outstanding amounts.
Any invoice that has not been paid by its due date shall, in addition to the interest stipulated above, be increased, contractually and as a penalty clause, by 10%, with a minimum of €50.
The terms and deadlines granted out of court or by judicial decision and the drawing up of bills of exchange, even if accepted, do not affect the enforcement of the penalty clause and late payment interest.
It goes without saying that any failure to meet a deadline or to pay an invoice in one full amount automatically leads to the immediate exigibility of the outstanding amounts.
None of our representatives is empowered to receive the amounts due by a client, unless the representative has been explicitly given a special mandate from us to do so, which mandate he shall be required to produce at the first request.
5. RIGHT TO RETAIN MERCHANDISE and COMPENSATION
5.1. We have the right to retain the equipment that has been sold until the invoice has been paid in full (principal, interest, and expenses)
5.2. In the case of several sales with the same client, we have the same right to retain sold equipment until full payment of the entire invoice (principal, interest, and expenses) for identical or similar equipment previously sold and delivered for which payment is still outstanding, even if the client has paid the invoice for the subsequent equipment.
5.3. We are authorized to offset, at any time, all claims, whether or not exigible or liquid, that we might have regarding the client with all claims, whether exigible or liquid or not, that the client may have regarding us.
6. CUSTOMER SERVICE
A quote for repairs that allows for labor and any parts that must be replaced will be issued for all equipment not covered by warranty that is returned to the factory. This quote shall be submitted to the client as quickly for approval, after which the client shall decide whether he wishes to have the equipment repaired.
In the case of the return of non-defective equipment, that is, equipment that exhibits no abnormal behavior during factory testing, a set fee of 25 euros (excluding VAT) plus the shipping costs will be billed.
Exclusive jurisdiction for all disputes, even in cases of referral, is explicitly given to the Courts of Liège (including the Justice of the Peace of Liège’s First District), regardless of the place where the contract originated or must be performed.
This jurisdiction clause shall prevail over all clauses assigning jurisdiction to other courts.
All of our contracts are governed exclusively by Belgian law.
8. DIVISIBILITY CLAUSE
The invalidity or illegality of one of the clauses in these general conditions or in particular agreements shall in no event invalidate or nullify the other clauses in these general conditions or in the particular agreements that may exist.