GENERAL TERMS AND CONDITIONS OF SALE

 

  1. All quotations from, orders to and deliveries by DETELEC, hereinafter referred to as “the seller”, to the buyer, are governed exclusively by these general terms and conditions, which the buyer is deemed to accept without reservation. These terms and conditions take precedence over the buyer’s own general terms and conditions, if any, unless otherwise previously agreed in writing.
  2. The agreement is concluded only after the buyer’s order is confirmed by the seller in writing.
    3. a) The buyer may cancel his order only if the sale was concluded outside the seller’s company, by registered letter to the seller within 8 days of placing the order. Only in this case, if applicable, the cancellation is free of charge.
      b) In the event of late cancellation or cancellation of a sale in the showroom, a lump-sum and irreducible compensation equal to 30% of the amount of the order placed shall be due 14 days after the registered reminder to do so. Refusal, non-acceptance or non-delivery of the goods within 2 months after the delivery period estimated at the time of the order, shall be considered as a breach of contract and shall give rise, on the part of the seller, without prejudice to the aforementioned fixed compensation, to full compensation for all damage caused by the buyer, insofar as the actual damage suffered would exceed the fixed compensation as aforementioned. The foregoing shall not affect the seller’s right to still demand performance of the contract by the buyer. If the buyer is a consumer within the meaning of the WHPC, he is entitled to the same compensation if, 14 days after the registered reminder, the seller cancels the order or refuses to deliver the goods ordered.
  4. If, at the request of the purchaser, the invoice is issued in the name of a third party, the purchaser shall remain jointly and severally liable with the third party towards the seller for compliance with all contractual obligations.
  5. Offers and price lists are provided for information purposes only. They never entail any commitment on the part of the seller. Prices quoted include only the value of the goods, excluding transportation costs, placement and any other costs or charges. The prices quoted, subject to the aforementioned reservation, are also only valid insofar as the goods are collected from the seller’s warehouse.
  6. However, unless otherwise agreed, the goods shall travel at the expense and risk of the buyer, regardless of the mode of transport or shipment. Before payment in full, it may not be disposed of to the detriment of the seller and to the benefit of a third party, e.g. by transfer of ownership or pledge.
  7. The stated delivery time is given as an approximation only. The possible exceeding of this term does not give the right to change the terms of payment, discount or compensation on the part of the seller, nor to withdraw the order and/or refuse the merchandise on the part of the buyer.
  8. The acceptance of a bill of exchange does not result in a novation, so that the present terms and conditions of sale remain fully applicable.
    9. a) All complaints regarding the execution of the agreement and/or the invoice must be notified to the vendor by registered letter within fourteen days of delivery in the case of non-conforming deliveries and within fourteen days of discovery in the case of a (minor) hidden defect, failing which they shall be irrevocably accepted or regarded as conforming to the order.
      b) Any claim based on hidden defects must, under penalty of forfeiture, be brought within six months of the discovery of the defect and at the latest within one year of the creation of the contract.
      c) Without prejudice to the provisions of 9a) and 9b), after delivery and, if applicable, placement, the seller can only be held liable for the guarantees to which he is bound by mandatory legal provisions.
      d) The processing of the materials delivered implies their acceptance. No complaint releases the buyer from his payment obligation.
  10. The warranty is always limited to that granted to the seller by the manufacturer. In no case does the warranty go beyond a simple exchange of the pieces that show manufacturing defects, or, if this is not possible, the return of the price.
  11. In case of changing a unit for any reason, the seller cannot be held liable for the cost or damage caused by the removal of the old unit. The seller is also not liable for damage to appliances during their stay at the yards or during installation by the installer.
  12. Delivery is made in front of the construction site or home.
    13. a) Except for deviating provisions, which, where applicable, must be expressly agreed upon in writing, all invoices are payable in cash upon delivery to the Seller’s registered office.
      b) Late payments shall, from their due date, by operation of law and without notice of default, entail a conventional interest due of 10%. In this case, the buyer shall also be liable for liquidated damages, conventionally set at 10% of the invoice amount, with a minimum of 125 EURO, this without prejudice to the seller’s right to recover all costs to recover the debt, including the costs of legal assistance. The non-payment on the due date of a single invoice makes the due balance of all other, even non-matured invoices, legally, immediately due and payable from the seller. Partial payments will be charged first on outstanding charges, interest and past due invoices (oldest first).
      c) As long as all amounts due to the seller, of whatever nature and for whatever reason, have not been paid on time and in full (principal sum, intrests, taxes, damages clause and any legal costs) by the buyer, the goods shall remain the property of the seller and the seller shall be entitled to suspend all other performances and deliveries even if they were part of another order.
      d) After the expiration of the due date for payment and without prejudice to the seller’s right to demand payment of the invoices, the seller shall be entitled to recover the goods at the buyer’s expense. Where appropriate, the seller shall also be entitled to invoke termination of the contract by simple written notice eight days after a registered notice of default has remained without effect. In case of dissolution of the agreement at the charge of the buyer, the latter shall owe a fixed and irreducible compensation of 30% of the invoiced goods.
      e) Before payment in full, goods may not be disposed of to the detriment of the seller and to the benefit of a third party over , e.g. by transfer of ownership or pledge.
    14. a) Any dispute arising from this agreement shall be governed by Belgian law.
      b) The place of performance of the contract between the buyer and the seller is the registered office of the latter.
      c) Any dispute in connection with the validity, establishment, interpretation, execution and/or termination of the contract between the buyer and the seller shall belong to the exclusive jurisdiction of the courts of the judicial district in which the seller’s registered office is located, or the Justice of the Peace of the canton in which the seller is located, if the nature or importance of the dispute would justify the jurisdiction of the Justice of the Peace.