APPLICABILITY AND DEVIATIONS
These general terms and conditions apply to all transactions, services, including goods supplied on approval and rentals, and agreements entered into with our company, hereinafter referred to as the “seller”. The customer, hereinafter also referred to as the “buyer”, declares that they are familiar with these terms and conditions and accept them without reservation.
Any deviations from these terms and conditions, even when stated in our documents, shall only be enforceable against us if they have been confirmed in writing by one of our officially authorised directors.
These terms and conditions are also binding upon the legal successors of both the seller and the buyer.
PRICES
We reserve the right to implement price changes resulting from factors beyond the control of Van Laecke Group.
RETENTION OF TITLE
All delivered goods shall remain our property until full payment has been made and all obligations arising from the agreement have been fulfilled, even if the goods have meanwhile become immovable property.
However, the risk of damage or loss shall pass from the seller to the buyer upon delivery. The buyer shall indemnify the seller against any claims made by third parties, regardless of their nature.
GOODS SUPPLIED ON APPROVAL / RENTAL / DEMONSTRATION
The customer is responsible for the goods made available to them and shall bear the risk of any loss or damage.
Goods supplied on approval, on loan or for rental, together with the associated services, may automatically be invoiced in the event of late or incomplete return or return in a damaged condition, without any prior notice of default being required.
At the end of the rental or demonstration period, the machine must be returned completely cleaned and in a proper condition. Failing this, the cleaning costs shall be charged to the customer or user.
RISK
Our products and goods are collected in Zedelgem and are always transported at the buyer’s risk.
DELIVERY TIMES
Delivery times are approximate only and are provided solely for information purposes. Any delay shall never entitle the customer to compensation.
TERMINATION
If payment has not been made by the tenth day following a registered notice of default, the seller may terminate the agreement by operation of law and at the buyer’s expense by means of a simple registered declaration.
In this case, as well as in all cases where the agreement is terminated at the buyer’s expense, the buyer shall compensate the seller for the damage suffered. This damage shall, on the one hand, be estimated at a minimum of 30% of the value of the agreement and, on the other hand, be increased to the amount of the actual damage of any kind, including loss of profit, material damage or depreciation, where this exceeds the aforementioned minimum lump-sum amount.
Any deposits already paid shall remain the property of the seller in implementation of the preceding provision.
PAYMENT
Invoices are payable immediately in Zedelgem without any discount for prompt payment.
All sufficiently substantiated complaints must be submitted to us in writing by registered mail within eight days of the invoice date.
In the event of non-payment by the due date, all price advantages that may have been granted, in whatever form, shall lapse and shall automatically be added to the principal amount.
In the event of non-payment by the due date, the buyer shall also owe the seller, by operation of law and without prior notice of default:
default interest from the due date at the interest rate applicable under the Belgian Act of 2 August 2002 on combating late payment in commercial transactions; and
lump-sum compensation amounting to 10% of the outstanding principal balance, with a minimum of EUR 125.00 and a maximum of EUR 125,000.00, to cover all extrajudicial collection costs of any kind.
Failure to pay one invoice by its due date shall immediately render all outstanding amounts payable, irrespective of any payment terms previously granted.
All collection costs, including protest costs relating to accepted or unaccepted bills of exchange, shall be borne by the buyer. The presentation of one or more bills of exchange shall not alter the place of payment.
WARRANTY
The buyer must immediately take delivery of and inspect the goods. Complaints must be reported to the seller by registered letter within eight days following delivery of the product.
Hidden defects may only give rise to compensation if they are identified without undue delay and reported by registered letter within one month of their discovery, provided that the goods have not meanwhile been handled or processed.
Our products are warranted against hidden defects for a period of six months from delivery, subject to the conditions set out below.
Hidden defects are understood to mean defects that render the product substantially unsuitable for its normal use or for the use for which it was expressly intended under the specific terms and conditions.
Visible defects or damage must, under penalty of forfeiture, be reported at the time of delivery or, at the latest, within five days following delivery by means of a substantiated registered letter. The use of even part of the delivery implies acceptance of the visible defects or damage.
The warranty is the manufacturer’s warranty and is valid in Belgium from the date of delivery or installation, as applicable, for the period indicated for the product. If the buyer is officially established in another EU Member State, this warranty shall also apply in that country of establishment, provided that the manufacturer’s warranty extends to that country.
The warranty covers the replacement or repair of parts due to material or manufacturing defects, excluding normal maintenance work. The warranty does not apply to accessories, software, consumables or wear.
Replacement or repair shall be carried out during the seller’s working days and working hours, free of charge, with the exception of travel costs. Replaced parts shall become the property of the seller.
Spare parts may be either new or remanufactured parts with the same characteristics as new parts.
Repairing or replacing a defective part shall not extend the original warranty period. No compensation for downtime may be claimed for any period of downtime during or after the warranty period.
If the machine breaks down, is damaged and/or is misappropriated or stolen, the customer acknowledges that the seller has a direct right to the compensation payable under the insurance policy taken out by the customer for that purpose.
Transport of the goods shall take place at the customer’s risk and expense.
All raw materials consumed and finished products produced during commissioning must be regarded as partially or completely lost or may not meet the required quality standards. These raw materials and production costs incurred during commissioning may not be charged to the seller.
The warranty shall never apply in the event of:
failure to comply with installation and/or operating instructions, improper use, accidents, relocation or negligence;
lack of maintenance or failure to comply with the maintenance schedules and products prescribed by the seller or manufacturer;
modification, disassembly or repair of the product by a third party not authorised by the seller, or problems resulting from the addition of other products not supplied by the seller;
use of consumables not approved by the manufacturer or seller;
defective power supplies, short circuits, power failures, loose cables or plugs, static electricity or interference, or connecting or disconnecting cables or components while equipment is switched on;
all incoming materials and manufactured products, materials or aggregates produced during the start-up and commissioning of the installation, which may not necessarily be of the best quality and may themselves be regarded as partially or completely unsaleable. These costs shall never be borne by the seller.
Any form of warranty shall lapse:
if the product is not used as prescribed;
if the product is disassembled or modified without the seller’s written consent, regardless of whether this is done by the customer or a third party;
if non-original filters or parts are used;
if the payment obligations have not been fulfilled in full.
APPLICABLE LAW AND JURISDICTION
Unless otherwise stipulated, all agreements concluded with the seller shall be governed exclusively by Belgian law.
For all disputes, only the courts having jurisdiction over the area in which the seller is officially established shall be competent, at the seller’s discretion.
If any provision of this agreement or of these terms and conditions is found to be invalid due to applicable mandatory legislation, the remaining provisions shall continue to apply in full. The invalid provision shall be interpreted in such a way that the invalidity is remedied and the interpretation remains as close as possible to the original intention of the seller and the buyer.
If this agreement or the invoicing is drawn up in several languages, the Dutch version shall be the only binding version for interpretation purposes.
LIABILITY
Neither the seller nor its employee, auxiliary person or agent may be held liable for damage of any kind arising from or partly caused by the use of the delivered machine, even if such damage results from hidden defects that were unknown to the seller, its employee, auxiliary person or agent.
This applies both to damage suffered by the customer and to damage suffered by third parties.
If the seller, employee, auxiliary person or agent is held liable by third parties, the customer shall fully indemnify the seller, employee, auxiliary person or agent, regardless of the nature of the damage.
Any insurance policy taken out by the customer may not contain a provision granting a right of recourse against the seller. Any provision contrary to this shall be deemed non-existent in relation to the seller.
TRACK & TRACE SYSTEM
If a Track & Trace system is installed on a machine, this system is managed by third parties and contains a range of operational data relating to the machine, including but not limited to usage and performance.
The buyer authorises the seller to use this data for warranty assessment, product improvement and after-sales service purposes.
