Article 1 - Prices
1.1. Unless otherwise stipulated, our prices apply in respect of a delivery in our premises in Lontzen. If we undertake its transport or its organization, we shall invoice the transport costs to the Purchaser.
1.2. Unless otherwise stipulated, our prices cover only supply of the tools, machinery and equipment described in the contractual documents, to the exclusion of any other works or services and, more particularly, placing and assembly. If any such additional works nr services are ordered by the Purchaser, they shall be invoiced to the former over and above the initially agreed price.
Article 2 - Payment
2.1. Our invoices are payable at our registered place of business not later than 30 days after the invoice date.
2.2. Payment of all outstanding invoices owed by the Purchaser becomes immediately due in case of non-payment of an invoice by the due date.
2.3. Any invoice unpaid by the due date will result, automatically and without service of formal notice of default, in an interest for late payment of 1% per month overdue and will be further increased by a flat-rate compensation of 10% of the unpaid amount by way of damages and interests.
Article 3 - Delivery rules and procedures
3.1. Unless otherwise stipulated our deliveries our made on our premises.
3.2. The Purchaser must come to collect delivery, on our premises, of the equipment sold, within 10 days to be calculated from the sending of a note informing him that the delivery is ready for collection.
Article 4 - Delivery times
Save where otherwise provided by express written guarantee, the stated delivery times are for guidance only. Our liability cannot be engaged unless the delay is significant and can be ascribed to serious error on our part.
Article 5 - Reservation of property
The delivered equipment remains our property until full payment of the price, even in case of conversion or incorporation in other goods.
Article 6 - Acceptance
The equipment is considered as accepted by the Purchaser within five calendar days of delivery unless the former sends us a precise, detailed complaint by registered letter before that time limit expires. Acceptance covers all visible defects, that is to say, all defects that the Purchaser is able to detect at the time of delivery or within five days of a careful, thorough inspection of the equipment.
Article 7 - Guarantee
7.1. We guarantee the equipment that we shall against all hidden defects for a period of 2 years, to be calculated from the date of delivery, under the following conditions:
7.2. The guarantee may not be called up unless the following conditions are satisfied:
- The defect, to a significant extent, renders the delivered equipment unfit for the use for which it is currently intended, or for the special use expressly mentioned in the Special Sales Conditions.
- The equipment has been placed and assembled correctly.
- The equipment is used in normal working conditions. The guarantee cannot apply, for instance, in case of use of the equipment in abnormal or special conditions not expressly mentioned in the Special Sales Conditions, or in case of poor maintenance, modification, disassembly or repair of the equipment by a person not professionally qualified for the purpose.
7.3. To be able to invoke the benefit of the guarantee, the Purchaser must notify us of any claim relating to hidden defects by registered letter within a maximum period of time - during which he in fact detects, or could be expected to have detected, the defects - of 8 days.
7.4. Our guarantee is limited to the free repair (parts and labour) or the replacement of the defective equipment, to the exclusion of cancellation of the sale or of payment of any damages and interests for whatever reason,
Article 8 - Limitation of liability
Upon delivery we cease to bear any responsibility beyond that for which provision is made in Articles 6 and 7. It thus follows that we are not bound to the payment of any damages and interests for physical injury to persons, damage to goods other than the sold equipment", i.e., goods that are distinct or apart from, that are not, the sold equipment.
Article 9 - Cancellation of sale
We are within our rights to cancel the sale, automatically, by notification served to the Purchaser by registered letter, in the event of serious non-execution by the Purchaser of any of his contractual obligations, more particularly, if he fails to take delivery of the equipment within the allotted time, if he is in arrears of payment of an invoice by more than 30 days, or if it proves that he is unable - or there is good reason to believe that he will not be able - to execute any of his main obligations, and this even before execution of such obligation is required of him.
Article 10 - Competence
All cases of dispute relating directly or indirectly to our contractual relations with the Purchaser fall within the sole jurisdiction of the Law Courts of Verviers (Belgium).