Article 1. Signing the order form.
The signature of the order form implies acceptance by the customer of the present general terms and conditions, which prevail over all others, and in particular over those of the contracting party. Any derogation must be made in writing and signed by both parties.
Article 2. Price quotations.
Our quotations, offers and price discounts are binding on us only upon written acceptance of the order, unless otherwise agreed between the parties.
Prices are exclusive of taxes, ex Braine-l'Alleud (Belgium).
Article 3. Risks.
Goods travel at the consignee's risk, even if the shipment is made carriage paid.
Article 4. Delivery times.
The delivery times specified in the offer or order form are given in good faith as an indication. Any failure to meet them shall not entitle the customer to claim compensation or cancellation of the order by the other party.
Furthermore, even if firm deadlines are stipulated in the offer, we shall not be bound by them if any delay is caused by a third party or by the contracting party itself, or if the contracting party is unable to meet its obligations or if the offer has become unenforceable as a result of an act of God or force majeure.
In the latter case, the order will be cancelled without compensation for either party.
Article 5. Complaints.
All complaints must be made in writing and sent to us within 8 days of delivery of the goods at the latest.
Article 6. Payment.
Our invoices are issued as soon as the material ordered is available; they are, unless otherwise agreed in writing, payable within 30 days of the invoice date.
Non-payment of an invoice on its due date will automatically entail, without formal notice, the payment of a fixed indemnity of 15% of the amount due with a minimum of 61.97 €; it may, at our sole discretion, give us the right to unilaterally cancel all or part of the contract without the purchaser entitled to compensation.
In addition, late payment interest of 1.5% per month will be applied to the amount unpaid on the due date, without the need for formal notice.
The buyer may not invoke a claim to refuse payment on the due date.
Delivered goods remain the property of S.A. Mecanic Systems until full payment has been received from the purchaser.
Unless otherwise agreed in writing between the parties, available goods must be collected within one month, after which time storage charges may be invoiced.
However, the purchaser alone shall bear the risk of loss, theft, damage or destruction of the goods delivered.
The buyer is prohibited from reselling the goods, which remain the property of the seller until full payment has been received.
Article 7. Liability.
Our liability is limited to the performance of the goods in accordance with the customer's instructions; consequently, we decline all liability for the use made by the customer of the goods delivered. Any compensation granted to the purchaser may not exceed the value of the goods.
Article 8. Jurisdiction.
In the event of a dispute, the courts of the district of Nivelles shall have sole jurisdiction.