Allgemeine Geschäftsbedingungen

1.1. Our general sales conditions shall apply to all contracts concluded by or with the company and exclude the sales conditions of the other contracting party, unless expressly agreed in writing by ourselves.

1.2. Unless expressly agreed otherwise, our offers shall be valid for 30 days only, except when the catalogue price is ­modified.

1.3. Orders shall, at all times, be made by fax or email, ­including the correct order number, description and quantity.

1.4. An order, including those taken by our agents or ­representatives, shall only be binding once we have expressly accepted it in writing.

1.5. The simple fact of concluding a contract or ­accepting ­delivery shall represent acceptance of these general ­conditions by the party placing the order.

1.6. In the absence of evidence to the contrary, our invoices shall be deemed to have been received at the latest three days after the invoice date.

2.1. Merchandise shall be supplied as set out on the order form or on the first page of the invoice.

3.1. The price applied is that which appears on the quote or the price list, unless, following modifications to its structure (raw materials, salaries, energy, etc.). Any revised prices will be in compliance with legally authorised standards.
In this case, the new price featured on the first page of the invoice shall prevail.
Only catalogue prices drawn up by the vendor shall be used, published and considered as used by the distributor.

3.2. The price shall be before V.A.T. Any increase in the rate of V.A.T in the period between placing the order and delivery shall be at the vendor’s expense. Orders shall be invoiced at the price and conditions in force at the moment the order is accepted.

3.3. The price shall apply without delivery, transport costs and insurance fees. Transport, delivery and insurance costs shall be at the expense of the buyer.

3.4. Waiting time due to the impossibility of making ­deliveries at the agreed time, through no fault of our own, shall be ­invoiced at the (gross) salary costs in force at that time, plus the costs arising from the forced unavailability of our ­equipment and vehicles.

3.5. In principle, deliveries shall be made to the ground floor. If deliveries are to be made to a higher storey or a basement, any additional related costs may be invoiced.

4.1. Merchandise shall be delivered within the deadline listed on the order form, taking into account the usual tolerances that apply to the nature of the industry or commerce.

4.2. If the buyer is to collect the merchandise and omits to do so, storage costs may be charged. In the interim, all risks shall be borne by the buyer.

4.3. Delivery dates are supplied simply as a guideline and shall not be binding unless expressly agreed that they should be between the parties. In the event of late delivery, we shall not be liable to pay any indemnity. A delay in execution shall not, under any circumstances, lead to an indemnity or ­termination of the contract. In case of back orders, shipping charges will be billed, unless these items can be delivered as part of your next order.

5.1. The buyer shall receive and verify the goods ­immediately, any later complaint shall not be accepted. Remarks ­concerning errors on invoices shall be on reasonable grounds and made in writing within eight days of receipt of the invoice.

5.2. The vendor shall not be responsible for spare parts ­ordered with an incorrect order number.

5.3. The vendor shall not be responsible for problems ­arising from incorrect and/or inappropriate use of the ­product, ­problems arising from a case of force majeure or the ­intentional fault of any person, including the buyer and its agents.

5.4. In the case of the grant of a guarantee, this shall only apply to hidden faults. In this event, the vendor shall only be obliged to replace the faulty parts. In no event shall ­working hours be covered. Wearing parts are not covered by the ­warranty (such as knives, bearings, belts, tires, batteries, lamps, fuses, etc). In no case shall an indemnity be requested due to other direct or indirect damages ­suffered by the buyer. The request under the guarantee shall be ­accompanied by ­photographs of the faulty parts and a photo of the ­serial number plate on the machine. Only the vendor and not the buyer or any third part shall be competent to evaluate a ­request under the guarantee. The vendor shall communicate its decision in writing to the buyer.

5.5. Guarantee requests and orders for spare parts for ­motors shall not be communicated to the vendor. The buyer shall contact the dealer for the brands in question for this.

5.6. Visible faults or damage must be mentioned at the ­moment of delivery, on penalty of being void. The use of even a part of the delivery shall imply approval of the visible faults or damage.

5.7. For any interventions by the vendor in Belgium with a technical aspect, the vendor shall invoice on a flat-rate basis of €200 plus VAT. This includes: transport + max 1 hour of work. All other costs will be invoiced in addition to this.

6.1. Delivered merchandise will remain the property of the vendor until full payment of the principal sum, costs and ­interest, even if this merchandise have been used or ­modified.

6.2. Delivery is at the risk of the buyer, who shall insure against any accidents. Risk is transferred to the buyer as soon as the merchandise leaves the vendor’s depot. Spare parts are sent at the buyer’s expense. The return of any ­merchandise shall be free of charge.

6.3. The buyer shall warn the vendor if the ­merchandise is to be placed in a space rented by the buyer and shall ­communicate the identity and place of residence of the ­landlord of this space if applicable.

6.4. A buyer who unreasonably refuses to accept or collect the proposed merchandise shall pay the resulting costs, such as storage and transport costs, irrespective of other ­indemnities including the agreed price, interest and the flat-rate increase due to the vendor.

6.5. Merchandise shall always be sent against payment, ­prepayment or direct debit and without reductions. If the transporter cannot or is unable to leave the merchandise with the buyer, for example for a lack of payment or refusal of the merchandise, the first and, if ­applicable, subsequent trips by the transporter shall be at the expense of the buyer.

7.1. The price shall be subject to contradictory notes on the invoice, payable on account at the time the merchandise is ordered.
For any invoices below 25 euros, before VAT, administrative costs of 10 euros shall be invoiced.

7.2. In the event of non-payment or late payment, the ­price shall automatically, and without notice, be increased by a flat rate of 10% with a minimum of 100 euros, ­corresponding to the inconvenience experienced by the vendor and the ­administrative costs undertaken, this does not include ­legal fees and costs and fees of the counsel appointed by the ­vendor.
Furthermore, default interest at a rate of 10% shall ­automatically be due, without notice, until the date of full payment.
Default interest shall apply for every month started. Any disputes shall not suspend payment obligations.

7.3. Each non-payment of an invoice on the due date or each late payment may lead to a demand for payments of invoices, even those not due, which have already been executed and transferred to the client at that moment and automatically cancels all payment facilities.

7.4. In the event of late part-payment, the flat-rate indemnity and interest set out at 7.2 shall apply.

7.5. The fact of having, or accepting, a bill of exchange or any other negotiable document shall not imply any new factor and shall not constitute any deviation from the conditions of sale. All recovery and protest costs for the bills of exchange, proof of receipt and other, accepted or otherwise, shall be at the expense of the buyer. The fact that bills of exchange are proposed shall not alter the place of payment.

7.6. Without prejudice to the provisions of Article 5.1, in the event that an invoice is contested and on pain of invalidity, it must be contested by recommended post, within 8 days of its receipt.

7.7. In the event of unpaid invoices, we also reserve the right to cease deliveries without prior notice until such ­invoices have been paid. No indemnity shall be due in ­respect of ­damages or lateness, without prejudice to the right of ­indemnity in our favour.

7.8. If the merchandise ordered or purchase is not collected immediately or as agreed, the vendor has the right, without prior notice, to consider the sale to be cancelled, whatever the right of indemnity of the vendor.

7.9. When a party has ceased paying, has been declared ­bankrupt or has requested judicial reorganisation, the vendor reserves the right to unilaterally cancel the contract without notice, whatever the right of indemnity of the vendor.

8.1. In the case of non-payment on the due date, in the case of late payment, for any reason, or in the case of non-respect of a contractual obligation, we reserve the right to:
- either, unilaterally cancel the application of all orders in ­progress, after giving prior notice which has not been replied to or usefully replied to given within eight days and without this leading to the right to damages and interest for the buyer, but without prejudice to our own right to request ­damages and interest;
- or, to unilaterally cancel the contract, without prior legal ­authorisation and after prior notice has been given, when no action or useful action has occurred within eight days, without prejudice to our right to request damages and ­interest.

9.1. If the vendor’s confidence in the solvability of the buyer is in doubt through late payment, or non-payment, through legal action against the buyer and/or through ­events ­considered to damage confidence in the proper execution of the undertakings made by the buyer and/or rendering this impossible, the vendor reserves the right to require ­appropriate guarantees from the buyer. If the buyer refuses to comply, the vendor reserves the right to cancel all or part of any order, even if the merchandise has been fully or ­partly delivered. If appropriate, an amount shall be due in respect of damages and interest featured in Article 7.2, without ­prejudice in respect of payment for delivery that may already have taken place.

10.1. Subject to any reference to hidden faults and ­guarantees set out in these conditions, we shall not be obliged to pay any indemnity of any kind directly or indirectly in consequence of merchandise delivered or sold by ourselves.

10.2. In the event that the vendor’s responsibility is proven, this shall be limited to direct damage. Indirect damage, such as, but not limited to, failure to earn, financial or ­commercial loss, production loss, increase in general costs, increased ­administrative costs, loss or damage to data, loss of contracts, immaterial damage and loss of clients, shall be excluded.

10.3. If our responsibility is proven, our obligation will be ­limited to the amount we receive from our insurers in ­respect of company responsibility, up to a maximum of EUR 1.500.000 minus the exemption.

10.4. The vendor shall not be responsible for damage related to third parties and shall not be required to protect its client in these circumstances.

11.1. In the event of dispute, only courts of the Flandre legal district, Brugge division, shall be competent.
All costs of recovery by legal procedure, including counsel costs, will be at the expense of the buyer.

11.2. Belgian law shall apply in all cases.

11.3. The fact of proposing bills of exchange shall not cancel or modify these provisions.


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