General Terms and Conditions
|General Terms and Conditions|
|1. The specifications and quotes offer a guide which is provided provisionally with respect to prices and the supply of materials; if the cost of materials and wages change significantly, we retain the right to modify these prices to a reasonable degree.
2. Implementation and supply terms are provided as approximate and the vendor shall not be bound by them. Delays in delivery and implementation shall not give rise to compensation or cancellation of the contract.
3. Problems with supplies and visible defects must be reported to the vendor within 48 hours of delivery via registered letter. If this does not occur, the vendor can refuse to process the complaint.
4. The buyer must initiate any claims on the basis of hidden defects within a month of their identification; if this does not occur, the claim shall be regarded as inadmissible, pursuant to article 1648 of the Civil Code; further use of the equipment after the discovery of a hidden defect shall also render any claims inadmissible.
5. Aside from guarantee details to the contrary regarding the buyer’s supplier, the vendor guarantees the equipment (after-sales service) against any defect or deficiency in materials for 12 months. This period begins on the day that the equipment is put at the disposal of the buyer. The repair or replacement of parts during the guarantee period does not extend the guarantee.
6. The vendor is relieved of any responsibility in the event of force majeure (accidents, strikes, lock-out, deficiencies in transport equipment, fire, etc.) The vendor retains the right, for the period of execution, to extend the contract, or terminate the contract, without any compensation being owed.
7. The vendor is not obliged to deliver if the buyer, since the sale, has gone bankrupt or is insolvent such that the vendor risks losing the payment, unless the buyer provides a guarantee for the payment at a specific time.
8. Any protest against the invoice must be submitted within 8 days of the invoice date. Any dispute after this date will be deemed late and inadmissible.
9. The invoice must be paid within 8 days of the invoice date, unless otherwise required.
10. In the event of a failure to pay within the set term, from the final day onwards and without the need for prior notice of default, statutory delayed payment interest will be owed on the invoice amount at the rate of 8% of the invoice amount per year. Also, legally and without the need for prior notice of default, a fixed fee will be owed as compensation at the rate of 10% of the invoice amount, with a minimum of €125.
11. If the buyer fails to comply with the obligations, the vendor retains the right to cease or suspend deliveries or work. Additionally, if no action follows a reminder which is sent by registered letter, for 15 days thereafter, the vendor may regard the contract as cancelled in its entirety or for the components that have not yet been executed, without prejudice to his right to claim compensation at a rate of 30% of the invoice amount as the fee for costs and loss of profits, without the vendor having to provide evidence of the existence and/or scope of damages. The vendor retains the right to demand the execution of the agreement and/or demonstrate actual damages.
12. As long as the goods or services have not been paid for, they remain the property of the vendor; the buyer may not pledge the items or services or offer them as ‘security’ in the broadest sense of the word, use them of sell them on.
13. For any repairs, the buyer must deliver the device to the vendor and then collect it thereafter.