| |
2. VALIDITY PERIODS.
The validity period of our proposals
and quotes is 8 days, unless stated otherwise in writing.
3. PRICES.
The prices mentioned in our proposals
are valid for 8 days. A down payment of 30% may be requested at the time of
order. Recupel recycling fees and Auvibel copyright taxes are not included in
the price.
4. DELIVERY.
Our delivery and execution timeframes
are provided by way of information. We can, if necessary, extend execution or
delivery timeframes if the customer is late in paying. If, after signing the
order, additional work or modifications are requested, the stipulations
concerning the initial timeframe become null and void. We reserve the right to
make partial deliveries involving partial sales. All purchases are transported
at the customer’s risk, regardless of the form of transport. In the event of
delivery errors and DOA (Dead On Arrival), we must be informed in writing within
8 working days. Special manufacturing orders and orders for several copies of
the same item will not be taken back in any circumstances.
5. FORCE MAJEURE.
In the event of force majeure, we
shall be released of any liability for any total or partial non-fulfilment of
our obligations. The following in particular are considered as events of force
majeure: strike, lock-out, fire, flood, bad weather, earthquake, shortage of
transport means, machine failure, etc.
6. PAYMENT OF INVOICES.
Unless otherwise stipulated by
contract, invoices are to be paid upon reception.
7. NON-PAYMENT OF INVOICES.
Sending an invoice is the equivalent
of formal notice to pay. Any invoice that is not paid at its due date will
automatically be subject to 2% interest per month until it has been fully paid.
Any invoice that remains unpaid at its due date is automatically, without formal
notice, marked up by 20% with a minimum amount of 50 euros for damages and
interest. Orders and interventions, even under warranty, and deliveries in
progress may be automatically suspended until all overdue unpaid invoices have
been paid.
8. COLLECTABILITY.
Non-payment of an invoice at its due
date automatically makes the balance of all other invoices payable, even those
that are not overdue.
9. PROPERTY RIGHTS.
Notwithstanding articles 1138 and
1583 of the Belgian civil code, FLAG 2000 sprl remains the owner, until the day
of full payment and/or interests and/or fixed allowance. The buyer hereby
assigns to the seller all sums owed by third parties. The buyer releases the
seller from all formalities of service and shall bear any relating costs. In
addition, the buyer authorises the seller to take back the material at any time
and from any place. If necessary, the buyer authorises the seller to enter his
premises. The buyer undertakes to keep this material in good condition until
full payment is made.
10. COMPLAINTS.
All complaints must be sent to us
within 8 days of delivery.
11. WARRANTIES.
The warranty only concerns hardware
and its assembly. None of the programs supplied, or not, with the equipment are
covered by the warranty and cannot give rise to any claim whatsoever regarding
any consequences as to its use, either total or partial. The user shall, at his
own cost and risk, regularly backup his data. In the event of a failure or
malfunction, the hardware shall be returned to us, in its full original
packaging, along with the software and manual. No loss of data by the user is
covered by any of our warranties. The customer must back up his data before any
intervention from our part. Our goods are guaranteed for one year against any
manufacturing defect. Consumables are guaranteed for three months. Unless
otherwise stated, screens are guaranteed for three years from the date of
manufacture. For visible defects, the warranty is exempt as soon as the goods
are accepted. For latent defects, the warranty is only valid if a written
complaint is made within 5 days of delivery. Repairs will be undertaken free of
charge as long as the material is under warranty and repaired by our technical
division or by a local service appointed by us. Repairs will be made in our
workshops or, in the majority of cases, on site by one of our technicians.
Repairs and replacements resulting from misuse of the goods (not complying with
recommendations in the instruction booklet), negligence or poor maintenance, any
handling or use not included in the technical recommendations, any replacement
or repair of parts or components by people who are not authorised or appointed
by us, are not covered by the warranty. If a credit note has to be made
following a return, it will take into consideration the current market prices.
If the buyer completely or partially cancels his order, we are within our rights
to ask for a fixed allowance, equal to 30% of the cancelled order, without any
obligation from our part to pay damages, with a minimum amount of 37.5 euros. We
cannot be held liable for software and/or hardware that has not been developed
by us. Only the hardware manufacturers and software developers can guarantee the
compatibility of their products with the switch to the year 2000.
12. COMPETENCE.
Any dispute or complaint will be handled exclusively by the courts of Namur
which apply Belgian law.
|
|