General terms and conditions
Art.1: The following conditions apply to all our deliveries and work, unless we have expressly accepted other conditions in writing. Our terms and conditions hereunder also supersede any terms and conditions that may appear on purchase orders and/or other written documents of those placing orders with us or purchasing from us.
Art.2: In principle, our price quotations are non-binding. They are only valid for a maximum period of 60 days.
Art.3: Purchase orders. Any order for equipment exceeding a value of €15,000 will only be taken into account with its accompanying delivery date after receipt of a down payment of 30% of the total value of the equipment and after provision by the purchaser’s financial institution of an irrevocable bank guarantee for the remaining 70%. 90% of the value of the equipment must be paid into our account before leaving our workshops.
Art.4: Delivery times are given as an indication only and are not binding on us. If we exceed the given deadlines, this can never lead to the cancellation of the order or result in any compensation.
Art.5: If delivery of goods ordered is delayed by the customer. We reserve the right to demand either a price adjustment or storage charges. Cancellation of an order entitles us to a lump-sum compensation of 30% of the purchase price. Or the deposit received with the order.
Art.6: Availability – Delivery – Acceptance. Our obligation to deliver is deemed to be fully met from the moment our supplies are made available to the customer. Loading and stowage on our premises by the customer or his agent are at the customer’s expense and risk. In the event of delivery being contractually agreed by us, the goods travel at our expense, risk and peril.
Art.7: Warranty: Warranty claims can only be made if received in writing within eight days of delivery (or discovery of the defect if hidden). Unless otherwise stipulated in the order, the warranty expires in any case one year after delivery. In all cases, our supplies are guaranteed only against defects seriously affecting operation. Our warranty applies only to the replacement of parts recognised as defective by the manufacturer. Replaced parts become our property. In the case of work for which the complaint is recognised as justified, repairs may only be carried out by us. All transport, customs, disassembly, reassembly and other costs whatsoever shall be borne by the customer. Under no circumstances may the application of the warranty give rise to direct or indirect damages, nor to a return of goods. Repair or exchange of parts shall not extend the warranty period. In particular, our warranty does not cover damage caused by inadequate maintenance, normal wear and tear, use or assembly by the customer, lack of supervision or negligence. The same applies if the machines, instruments and accessories are transformed, modified or repaired outside our workshops, if they undergo an accident, misuse or lack of care on the part of the purchaser, or if the identification marks have been removed. The warranty does not apply in the event of the equipment being disposed of for any reason whatsoever, whether free of charge or in return for payment. We assume no responsibility for accidents or damage caused by defects in the equipment, and grant no rebates for breakdowns, stoppages, unemployment or any other consequences. We accept no liability for damage to persons or property, whether direct or indirect.
Art.8: Payment – Due date. Our invoices are payable in cash to our head office. Any complaints do not suspend the due date of our invoices. In the event of non-payment, we have the right to immediately suspend, by operation of law and without formal notice, all orders and supplies in progress, and to demand payment of all sums still owed by the customer for any reason whatsoever.
Art.9: Interest – Flat-rate surcharge. In the event of non-payment on the due date, late payment interest will be due, ipso jure and without formal notice, from the date of the invoice until the date of actual payment, at the rate fixed in application of the law of August 2, 2002 concerning the fight against late payment in commercial transactions. In addition, a sum equal to 15% of the sums outstanding, with a minimum of €125.00, will be charged as liquidated damages.
Art.10: Reservation of ownership. The equipment remains our property until full payment of the price, including costs and interest. The purchaser is prohibited from selling, renting, pledging or disposing in any way whatsoever of the equipment sold prior to full payment. The equipment is nevertheless at the buyer’s risk from the time of delivery.
Art.11: Resolutive clause. In the event of non-compliance with the customer’s obligations, seizure, bankruptcy, shutdown or liquidation of the company, we shall be entitled to consider the sale cancelled ipso jure, without further formality. In this case, we shall be entitled to claim a fixed indemnity equal to 40% of the order amount. We reserve the right to take back our equipment, wherever it may be, upon simple notification by us to the defaulting customer. The equipment will always be taken back at the customer’s expense, risk and peril. The above lump-sum compensation may also be demanded by the non-business customer in the event that the seller fails to deliver the goods or perform the work covered by the agreement.
Art.12: Attribution of jurisdiction and applicable law. Any dispute of any nature whatsoever, whether as defendant or plaintiff, shall be subject to the jurisdiction of the Courts of the district of Marche-en-Famenne. In all cases, only Belgian law shall apply.