Article 1: OFFERS
1.1 The Company's offers are always subject to reservation and without commitment on its part as to the availability of equipment and changes in prices. These may be modified until the conclusion of the contract between the parties. The equipment offered is intended for professional use.
Article 2: ORDERS
2.1 The order made by the buyer is only perfected after its acceptance by the Company. It is upon this acceptance that the contract between the parties is concluded.
2.2 The order is irrevocable by the buyer and cannot under any circumstances be canceled by him even before acceptance by the Company.
2.3 Sending an order implies acceptance of all our general conditions of sale.
Article 3: DELIVERIES
3.1 Delivery time: the delivery time is only given by the Company as an indication, it is not mandatory and non-compliance does not give rise to any right to compensation or termination of the order. The buyer is required to accept that his order is delivered in several shipments.
3.2 Place of delivery: all sales are deemed to be made at the Company's head office.
3.3 Time of delivery: delivery is deemed to have been made when the equipment leaves the warehouses of the Company or one of its suppliers.
3.4 Unloading: the ground floor of the address indicated on the order form is deemed to be the unloading location. Impossibility of access will mean unloading in front of the main entrance. Any additional handling, rental or transportation costs will be the responsibility of the buyer.
3.5 Compliance of delivery: the equipment is deemed to be compliant when it leaves the Company's warehouses. If delivery is made by a carrier, the buyer must check the equipment upon receipt. If he notices any damage, he must note it on the delivery slip and notify the Company immediately. The buyer is also obliged to assign the carrier by registered letter within three days and send a copy to the Company.
3.6 Refusal of delivery: in the event of refusal to deliver equipment following the order or non-execution thereof through the fault of the buyer, the latter will be required to pay the Company compensation equivalent to 30% of the price of the order. market as fixed and irreducible compensation upon termination (amicable or judicial). This compensation may, however, be higher than 30% if the damage actually suffered by the Company.
3.6 Refusal of delivery: In the event of refusal to deliver equipment following the order or non-execution thereof through the fault of the buyer, the latter will be required to pay the Company compensation equivalent to 30% of the price of the order. market as fixed and irreducible compensation upon termination (amicable or judicial). This compensation may, however, be greater than 30% if the damage actually suffered by the Company is greater than this amount.
Article 4: PRICE
4.1 The Company's sales prices are exclusive of VAT according to the rate in effect on the day of shipment (dispatch note as proof).
Article 5: TRANSPORT AND TAXES
5.1 Transport costs are the responsibility of the buyer, our conditions therefore apply ex our warehouses in Brussels (Ex Works). All taxes, customs or other fees, as well as any transport insurance costs, are also the responsibility of the buyer.
Article 6: CONNECTION OF EQUIPMENT
6.1 The prices indicated do not include connection costs, nor costs for useful modifications to existing installations for the proper functioning of the equipment, these will be invoiced directly.
Article 7: PAYMENTS
7.1 Invoices are payable in cash. The delivery of drafts, commercial instruments or the acceptance of partial payments does not constitute novation.
7.2 In the event of partial payments or by drafts, non-payment on one of the due dates automatically renders the existing balance payable for all ongoing transactions between the same parties.
7.3 Any sum not paid on its due date will bear late payment interest automatically and without prior notice at the rate of 1% per month.
7.4 In addition, in the event of non-payment by the due date, invoices are automatically increased by a lump sum compensation of 15% as conventional damages with a minimum of sixty-five (65) EUR and regardless of the late payment interest, which also leads to an immediate suspension of deliveries and any after-sales service intervention.
7.5 All bank and/or postal check service charges are the responsibility of the buyer.
Article 8: RESERVATION OF OWNERSHIP
8.1 The equipment sold will remain the property of the Company until full payment has been made.
8.2 The buyer undertakes not to part with the equipment until it has been fully paid for.
8.3 The buyer must inform the Company in the event of seizure of equipment for which ownership belongs to him.
8.4 The Company reserves the right to repossess unpaid equipment at any time.
Article 9: DISPUTES
9.1 Any dispute relating to the sale must be sent, duly justified, to the Company within eight days following delivery of the equipment.
9.2 The buyer does not have the right to suspend payments in the event of late, partial or allegedly defective deliveries, under penalty of being subject to the conditions mentioned in article 7.
9.3 The buyer cannot claim compensation for loss of goods due to technical failure of equipment or for waiting for spare parts which are not immediately available.
Article 10: GUARANTEE AND RESPONSIBILITIES
Professional users:
10.1 The equipment is covered by a guarantee against manufacturing defects for one year from the date of the Company's invoice (and none for used equipment), it includes labor, travel, as well as the replacement of defective parts excluding normal wear parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short circuit, training, etc.
10.2 The guarantee for any “plug” equipment, i.e. electrical equipment, single-phase (230V/1), with a volume of less than ½ m³ and a weight of less than 30 kg, does not include travel. The buyer will be required to return the defective equipment to the Company's address and collect it after the intervention.
10.3 This period may however be reduced in the event and to the extent that the guarantee granted to the Company by its own manufacturer is less than one year.
10.4 The warranty on the equipment is specific to the person or company appearing on the purchase invoice, it is under no circumstances transferable to third parties. In the event of movement or reinstallation of equipment, only the Company is authorized to intervene; any intervention on said equipment by third parties without prior written authorization from the Company will result in loss of warranty coverage.
Professional resellers:
10.5 The equipment is covered by a guarantee against manufacturing defects for one year from the date of the Company's invoice (and none for second-hand equipment), it only includes the replacement of defective parts at the time of purchase. exclusion of normal wearing parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short circuit, training, etc.…
10.6 This period may however be reduced in the event and to the extent that the guarantee granted to the Company by its own manufacturer is less than one year.
10.7 Spare parts replaced in accordance with the warranty clauses must be returned (carriage prepaid) within 30 days (legitimate requirement of the Company in order to benefit from its manufacturer's warranty itself), accompanied by the “TE99” document. duly completed. After this period, they will be systematically invoiced and due.
Article 11: AFTER-SALES SERVICE
11.1 Hourly rate: any technical intervention, maintenance, training, etc. will be invoiced according to the Company's current rate. The first hour of service will always be chargeable and subsequent hours will be billed in ½ hour increments.
11.2 Travel: travel costs will be invoiced according to the Company's current rate. These will always be payable, even if the interventions did not allow the restoration, regardless of the cause.
11.3 Spare parts: They will be invoiced according to the Company's current rate.
11.4 Interventions: Will take place every working day from Monday to Friday from 8:30 a.m. to 5:00 p.m. Any request for intervention outside these hours and after agreement with the Company will be increased by a fixed amount of seventy-five (75) EUR, regardless of whether it is under warranty or chargeable.
11.5 Workshop repair: Workshop repair of equipment is invoiced according to the Company's current rate. The owner is required to recover the repaired equipment as soon as communication is made by the Company. If the latter remains unanswered, a formal notice by registered mail will be sent, leaving 30 days to do so. After this period, the Company may not only demand payment for the repair, but also to dispose of the said equipment at its discretion, without the possibility for the owner to claim any compensation whatsoever for their non-recovery.
Article 12: INTERPRETATION
12.1 In the event of a dispute relating to the interpretation of these general conditions of sale, the reference text is the one written.
Article 13: APPLICABLE LAW AND COMPETENT COURTS
13.1 Any dispute is subject to Belgian law. The courts of Brussels have sole jurisdiction.