General terms and conditions of sale and delivery
Art.1. These terms and conditions apply to all sales and deliveries of goods, as well as to all contracting of works and services by EV-QUIP BV, to the exclusion of other terms and conditions, and subject to other agreements stipulated in writing.
Art.2. The specifications and offers from EV-QUIP BV are based on the current values and wages. In case of changes to these, EV-QUIP BV reserves the right to adjust prices proportionally. The specifications and offers are valid for a period of 20 days.
Art.3. In case of cancellation of the order by the buyer/customer, a fixed compensation of 20% of the order value will be due, under reserve of the right of EV-QUIP BV to claim concrete damage in case this exceeds the 20%.
Article 4. Delivery dates are given for information purposes only and are not binding for EV-QUIP BV. Delays in delivery do not entitle the client to claim damages or rescission of the contract.
Article 5. The indemnification obligation of EV-QUIP BV with regard to faults in the delivered goods does not exceed the indemnification obligation of its suppliers. The buyer/customer is bound to return the defective goods in their original packaging, failing which the warranty will expire. If the buyer/customer makes changes to the product or the installation, or expands on it, the warranty will lapse completely.
Art.6. The goods are sent at the risk of the buyer/customer. The transport costs will be charged to the buyer/customer, unless stipulated otherwise.
Art.7. If the buyer does not collect the goods on the date he has been informed, EV-QUIP BV reserves the right to regard the agreement as cancelled after a period of fifteen days has passed without prior notice of default.
Article 8. The storage of goods in anticipation of delivery/placement/collection is at the buyer’s risk.
Art.9. When EV-QUIP BV is not able to execute the agreement due to force majeure, strike, lock-out, etc., EV-QUIP BV reserves the right to terminate the agreement without any compensation being due.
Art.10. EV-QUIP BV reserves the right to consider the agreement dissolved by right and without prior notice of default in case of bankruptcy, evident insolvency as well as in case of any change in the legal status of the buyer.
Art.11. Complaints about delivery/placement have to be lodged with EV-QUIP BV within 10 days after delivery/placement and in any case before use or resale of the goods.
Art.12. Protests with regard to invoices of EV-QUIP BV have to be made in writing within 10 days after date of invoice, mentioning date and number of the invoice.
Art.13. All invoices of EV-QUIP BV are payable in cash in Hamont, unless otherwise agreed.
Art.14. In case of non-payment of the invoice within the set term, an interest of 10% of the annual amount of the invoice is due by right and without prior notice of default, as from the expiry date. A fixed compensation of 10% of the invoice amount, with a minimum of €75, shall also be payable, ipso jure and without prior notice of default. Expenses related to unpaid bills of exchange or cheques and other collection costs are not included in this fixed compensation and shall be charged separately to the buyer/customer.
Art.15. In case of non-payment, EV-QUIP BV reserves the right to stop further deliveries. EV-QUIP BV also reserves the right to consider the agreement as cancelled by right and without prior notice of default for the complete or not yet completed part.
Article 16. As long as the delivered goods have not been paid for, they remain the property of EV-QUIP BV. However, the risk is transferred to the buyer at the time of contract conclusion. EV-QUIP BV reserves the right, in the absence of full payment on the due date, to proceed immediately and without prior notice to revise the goods. The absence of full payment can also be invoked by EV-QUIP BV as a ground for dissolution of the agreement. The buyer/client is not allowed to sell or process the delivered goods in any way, as long as full payment has not been made, except with and within the limits of the written permission of EV-QUIP BV.
Article 17. The legal relationships between EV-QUIP BV and its contracting parties are subject to the rules of Belgian law. In case of dispute, only the Vredegerecht (justice of the peace court) in Neerpelt and the courts in Hasselt are competent.