GENERAL CONDITIONS
A.
Formation of the contract
1. All our sales are governed by the present general
conditions, to the exclusion of the purchaser's
general or particular conditons.
Before ordering anything, the purchaser must read
the present conditions and the simple fact of ordering
will indicate his acceptance of these general conditions.
2. Our offers remain valid for one month unless
stipulated otherwise in writing in our particular
condition.
After expiration of this validity period, our offers
shall only remain binding if reconfirmed by us
in writing at the time of or following the purchaser's
order.
3. We are bound by an order only in as far as we
have accepted it in writing , issuing an order
confirmation.
4.
The purchaser shall be responsible to obtain any
necessary import permits and/or licences. In case
he should fail to obtain said permits within the
delay required by us in order to deliver the equipment
on the dates as stipulated of articleH, without
possibility to appeal to the authorities on behalf
of the purchaser, should the case arise.
5.Any technical information appearing on our offers
and supplied by the manufacturer or user (especially
as regards dimensions, weight, capacity, performances,
etc. ) are communicated to the best of our knowledge
and are to be regarded as approximative indications.
6. Supplying of technical specifications, electrical
diagrams, drawings or any other technical documents
depends on the manufacturer or user delivering
said documents.
B. Price
1. Unless stipulated otherwise in writing in our
particular conditions, our prices are meant for delivery
"Ex Works" in our establishments at Liège (Inconterms
1990). Any costs for transport, packaging, insurance
and customs, as well as all costs for implort, taxes
and charges of what-ever nature are to the purchaser's
account.
2. Unless stipulated in writing in our particular conditions,
our prices are given in euros.
3. In case the purchaser should request the agreed
price in euros to be invoiced or paid in foreign currency,
we reserve the right to revise our price in case of
change in foreign exchange rates between the date of
the order and the exact date of payment.
C. Delivery - Property transfer- Risks
1. Our deliveries are meant "Ex Works" in
our establishments at Liège (Incoterms 1990).
2. The equipment, including accessories, shall remain
our sole property until complete payment of the price,
even in case said equipment should be tranformed
or integrated into other goods. As long as the property
transfer has not taken place, the purchaser cannot
dipose of the property, not even indirectly, especially
with regard to pawning said equipment in whatever
form.
3.The purchaser shall bear all risks subsequent to
the equipment delivery and especially those risks
related to its transport, even in case we should
take care of or organize said transport.
D.
Delivery term
1. Unless a written and explicit guarantee
has been stipulate din our particular conditions,
our delivery terms are to be regarded as approximtive
indications and we cannot be held responsible for
any delivery overdue, unless said late delivery
should directly and exclusively be due to a serious
mistake on our part.
2. In case the purchaser should not accept the
delivery of equipment within a period of one month
as from the day we have informed him in writing
that the equipment is at his disposal, we will
have the right to cancel the sale in compliance
with the stipulations of article H.
E. Assembling and after-sales service
1. Unless stipulated otherwise in writing in
our particular conditions, we arein no way whatsoever
obliged to execute works regarding electrical connections,
fillin up oil, demonstrating, personnel training
and putting into operation of the equipment.
2. In case our particular conditions include assembling
at a fixed price, we will invoice the purchaser
any supplementary expenses not to our account,
whatever the cause for said expenses might be,
as a supplement to the agreed price.
F. Acceptance- Complaints - Warranty
1. The purchaser will send a representative to
our establishments in order to check the equipment
before forwarding. Except for precise reserves made
in the acceptance protocol or detailed complaints sent
to us by registered mail with-in three days following
said inspection, the equipment will be considered accepted
by the purchaser. Said acceptance will cover any defects
which the purchaser could have found when carrying
out a careful and serious inspection and especially
those defects regarding type of equipment, features,
state and operating capacity.
2.In case the purchaser should find a defect which
could not have been detected during the inspection
described in paragraph 1, he can only appeal provided
he has sent us precise and detailed information by
registered mail within 15 days after reciving the equiment
at its destination.
3.
We can only be held reponsible for equipment defects
provided that:
- the defect is thus serious, that the equipment
can no longer be used for the purpose such equipment
type
is normally used for or for the specifc purpose communicated
to us before concluding the sale;
- The equipment has been assembled and installed
under normal condition, it being understood that
we cannot
be held responsible in case of imperfect or incomplete
installation of the equipment and in as far as we
have not carried out the installation ourselves;
- the equipment is being used under normal condition,
it being understood that we cannot be held responsible
in case the equipment is being used under abnormal
or special conditions which have no explicitly
been mentioned in our particular conditions, in case
of
insufficient maintenance or modifications whatsoever
which might have been carried out without our preliminary
approval.
4. Our responsibility will be limited to repair or replace the equipment or the defective part at our option, to the exclusion of cancelling the sale or damage compensations.
5. The purchaser will send the equipment or defective part to our establishments at his expense and risk, in order to have it repaired or replaced. We will take charge of expenses for transportation to our establishmnets and back to the purchaser in case the equipment or the part actually proves to be defective.Should the purchaser not return a replaced part within the month after it has been replaced, we will have the right to invoice him the value of said part.
6. In view of the fact that the delivered equipment is secondhand, we will not take any other responsibility and we cannot be held responsible to carry out any other repairs that thee stipulated in the aforementioned paragraphs.
G.
Settlement
1. The invoices are payble in cash at our company
seat or into one of our bank accounts.
2. Unless stipulated otherwise in our particular
condition, settlement will be carried out by an
irrevocable documentary credit, confirmed by our
bank, to be paid at the bank, to be paid at the
bank's cash desk or by a bill of exchange endorsed
by said bank.
3. Any expenses regarding bills of exchange within
the purchaser, complete payment of all sums due
by the purchaser will be immediately claimable.
5. Any overdue sum will legally and without prior
notice induce a delay interest of 1,25 % per month.
Among others, said sum will be legally increased
without prior notice with a fixed indemnity of
10 % of the unpaid amount for contractual damages.
H.
Cancelling of sale
1. We hae the full right to cancel the sale by
simple notification sent by registered mail in
case the purchaser fails to comply with one of
his contractual obligations, and in particular
in the following cases:
- in case the purchaser should not accept delivery
of the equipment within one month as from the day
we have informed him the goods are at his disposal;
- in case the purchaser should fail to pay;
- in case the documentary credit should not be
opened within one month following the order confirmation;
- in case of overdue payment.
- in case it turns out that the purchaser shall
not or is not likely to comply with his major obligations,
and even before this obligation is due, in particular
in case of his decreasing credit.
2. In case the sale should be cancelled in application
of the aforementioned paragraph, the pruchaser
will be obliged to pay us a contractually fixed
damage compensation of 25 % of the sales price
without prejudice to our right to the case, the
sums already paid will be attributed to the damage
compensation.
3. In case the sale should be cancelled in application
of the aforementioned paragraphs
the purchaser will grant us permission to take back
the delivered equipment, wherever his might be,
without possibiity to undertake preliminary legal
actions.
I.
Exemption from liability
1. We will not be held liable for not complying
with any of our contractual obligations should
said non-copliance be due to an event beyond our
will and for which we cannot reasonably be expected
to have take it into consideration at the moment
of concluding the contract, or to have prevented
or surmounted such an event, even if it should
not completely hinder us from complying with our
contractual obligations, but only render them more
difficult or expensive.
2. Grounds for the exemption from liability as
mentioned in the present clause will exempt us
from paying any damage compensation and any other
contractual penalty. Moreover, the execution term
will be suspended for a reasonable period of time
and will also exclude the pruchaser's right to
terminate or cancel the sale.
In case the grounds for exemption should exceed
said reasonable period of time, the contract shall
legally be terminated and we shall be freed from
our contractual obligations.
J.
Competence
1. Only the Courts of Liège will be competent
with regard to any disputes, directly or indirectly
related to our relation with the purchaser.
2. Payment by bill of exchange or any other settlement
procedure cannot be regarded as substitution or
derogation from this competence clause.
K. Applicable law
Our relations with the purchaser will be governed
by Belgian law, and in case the purchaser's establishment
is situated outside the Belgian territory, they
will be governed in particular by the stipulations
of the convention of the Hague dates 1 st July
1964 regarding the uniform law on international
sale of mobile corporeal goods.