GENERAL TERMS AND CONDITIONS OF SALE
1. GENERAL PROVISIONS
All our sales and services are exclusively subject to these terms and conditions. The indications mentioned on photos, illustrations, drawings, etc., regarding power, weight, and dimensions are provided for informational purposes only and can never give rise to any claims.
2. CONCLUSION OF SALE
Our offers are always non-binding, subject to prior sale. In the event of financing, the sale is concluded under the suspensive condition that the financing is obtained within a maximum period specified at the time of order. In repair estimates, the costs of which are borne by the customer, the prices in effect at the time the estimate is drawn up are taken into account. We expressly reserve the right to charge the prices in effect at the time the work is carried out. If certain parts need to be replaced during the work, the costs thereof will be charged to the customer at the prices in effect at the time the work is carried out.
3. DELIVERY – TERM
Our goods are deemed to be delivered in our workshops before shipment. When the customer does not take delivery of the goods within 48 hours from a notice of availability, they will bear the storage costs. The delivery term is given only as an indication and is not strictly applicable. In the event of a definitive impediment, independent of our will, our obligations will definitively end without any possible recourse, for any reason whatsoever, on the part of the customer. For the delivery of materials, the term only begins after receiving all data and instructions that make it possible to execute the order. For repairs, the term only begins after the customer's agreement with our estimate and provided the material is deposited in our workshops. Furthermore, we are released from all obligations regarding the term if the payment conditions are not met by the customer or if modifications are made to the order during its execution. If the buyer does not take delivery of the purchased material at the agreed time, and after a registered notice to fulfill their obligations within a new period of ten days from the sending of the registered letter, we will have the choice:
- Either to demand the execution of the contract, subject to compensation for damages resulting from the late receipt by the buyer.
- Or to consider that the sale is dissolved.
- In case of dissolution of the sale due to the fault of the buyer, we will have the right to claim a fixed compensation equal to 10% of the agreed price excluding tax, with a minimum of €2,500.
4. PRICE
The material is not insured by us, unless expressly requested by the customer and at their expense. In case of installment payments, the agreed advances are due on the fixed due dates, without the customer being able to invoke a delay in delivery to evade their obligations.
5. ACCEPTANCE
The signature of the customer or their staff on the acceptance report also means acceptance thereof. In case of reservation or refusal to sign this report, the material will be considered accepted unless the customer informs us within 48 hours of the reasons, with supporting evidence.
In all other cases, any complaint, to be admissible, must be communicated to us in writing within 8 days of delivery.
6. TRANSPORT
Transport, and generally, all handling and delivery operations, are the responsibility of the customer and are carried out at their expense, risk, and peril; the customer must check shipments upon arrival and, if necessary, make claims against carriers. The packaging is invoiced at cost and not taken back.
7. ASSEMBLY
Unless otherwise agreed, assembly is carried out by us, at the customer's expense, at the place designated by them. To this end, the customer will make the necessary equipment and personnel available to us free of charge, without any liability on our part.
8. WARRANTY
Our second-hand products are sold as is; we are not liable in any way for visible or hidden defects, nor for the damage they may cause; there is no other warranty than that mentioned on the offer or invoice; even if the products have been inspected or overhauled.
If a warranty is mentioned on the offer or invoice, the following general conditions apply:
Only defects that affect the usability of the delivered products for the customer can give rise to our liability. The customer invoking the warranty must inform us immediately in writing and return the parts deemed defective at their expense for examination. We are released from any warranty if the material has been repaired by third parties or if parts have been replaced by other non-original parts. Also excluded from the warranty are parts, damages, accidents, etc., due to normal wear, excessive or abnormal use, lack of care, insufficient maintenance, forgetfulness, or inexperience of the person using the equipment. Our liability is strictly limited to the repair or free exchange, in our workshops, of parts recognized as defective, to the exclusion of any other compensation for any reason. The replaced parts remain our property.
We are only obliged to repair or replace defective parts, at our choice, and within a reasonable time, after receiving the defective parts and/or after acknowledging our warranty obligation.
All transport, assembly, and disassembly costs, as well as the travel expenses of our personnel, remain the responsibility of the customer.
Our intervention under warranty does not extend the duration of the warranty. The warranty will automatically cease in case of transfer or assignment of the material. The same applies if the delivered material is not paid for at one of the agreed due dates.
For parts treated outside the manufacturer's factories, only the warranty of the manufacturer of those parts will apply, excluding the warranty provided in this article.
No warranty is given on used batteries.
9. PAYMENT
Our deliveries are payable upon receipt of goods in cash or by check. For our works, a deposit of 50% is due upon order and the balance upon completion. Our invoices are payable at our registered office. Any other arrangements, including acceptance of bills of exchange, do not constitute novation of the debt. In case of late payment, the amount due will automatically be increased by default interest equal to the legal interest rate. The total amount of the outstanding balance will be immediately due. In the absence of payments, a compensation equal to 10% of the remaining balance, with a minimum of €65, will be due from the date of the invoice as a fixed and irreducible compensation for the suffered prejudice (e.g., file costs).
10. RETENTION OF TITLE
It is expressly agreed between the parties that, notwithstanding Article 1583 of the Civil Code, the transfer of ownership of the sold material will only take place after full payment of the agreed price, including principal, any interest, and costs. The transfer of risk occurs at the time of delivery. If the buyer fails to meet their obligations, the seller will consider the sale dissolved by operation of law fourteen days after the sending of a formal notice and will demand the return of the material, with a compensation of €25 per day of delay, without prejudice to other compensations that may be due if the seller cannot repossess the material due to the fault of the buyer. In this case, all amounts paid by the buyer will remain acquired as a fixed and irrevocable compensation, without prejudice to any further compensation and interest if applicable.
11. WARRANTY AGAINST HIDDEN DEFECTS
Any claim for hidden defects must be made by the buyer within 2 months of discovering the defect, failing which the claim will be inadmissible under Article 1648 of the Civil Code. This claim must also be made, under penalty of forfeiture, within one year of delivery. If the seller's liability is established, the buyer must concretely prove the damage.
If the claims are admissible and well-founded, the seller's obligation is limited to the replacement of the sold good. No other damage of the buyer will be eligible for compensation. The seller's liability is in any case excluded if the damage is attributable to a person for whom the victim is responsible.
12. ASSIGNMENT OF JURISDICTION
Any dispute will be exclusively subject to the jurisdiction of the courts of the district where our registered office is located, unless we, acting as the claimant, choose to bring the case before any other competent court. This will apply even in the case of a counterclaim. Only Belgian law applies, to the exclusion of the Vienna Convention on the International Sale of Goods.
