Unless expressly agreed otherwise in writing, included in a document prepared by us, all quotes, agreements and documents fall under the following terms and conditions. These general conditions take precedence over any conditions that appear on documents which emanate from the other contracting party. When placing an order, the customer agrees to refrain from applying their terms and conditions.
1. Order The buyer may not transfer the rights arising from this contract to a third party without the express permission of the seller. Unless otherwise agreed, the order is accompanied with a deposit equal to 10% (excluding VAT) of the purchase price. After payment of the deposit, however, the buyer has no right to withdraw from the contract unless he reneges the deposit. In the case the purchaser requests a cancellation from the seller, the seller retains the advance as compensation, subject to any other rights, however, the seller has the right to demand the reception and the payment of the ordered goods from the buyer.
2. Acquisition. Unless otherwise agreed, with the acquisition of a second-hand vehicle associated with this sale, will the implementation of the acquisition be subject to the supply of the sold vehicle and on the express condition that the material is free from any lien and that it complies with all points of the description of the prior research and is not accidented, unless this is mentioned on the estimate of the acquisition. If one of the conditions is not met, or if the agreed date of arrival of the acquisition is not respected, the seller has the right to reduce the value of the acquisition or to just cancel the acquisition. This refusal does not affect the settlement of the sales contract.
3. Registration of the vehicle-responsibility of the buyer Starting from the delivery of the vehicle, the buyer takes over all risks of loss or damage, as well as all criminal, civil and financial responsibility associated with this vehicle or its use. He undertakes not to bring this car into circulation without having requested the registration certificate in his name in advance, within the legal terms and have
complied with all legal administrative formalities.
4. Retention of title The transfer of ownership shall be made only after full payment, including any costs of transport and packaging; insurance costs and interests at 10% per year due to expiry of the payment delay. The buyer is therefore expressly prohibited to sell, lease, to put out in lien the delivered goods or to burden the goods with any business or personal right, as long as he is not the final owner thereof. The buyer remains fully liable for any and all risks associated with the delivered goods, until the time of full payment, or until the goods come into our possession again. If the buyer remains in default more than one month to pay the full purchase price, we can in the registered letter whereby the buyer is put on notice for default of payment, opt to take back the delivered goods by which the original sales agreement is automatically dissolved. In this case, in addition to compensation as a result of loss of use by way of liquidated damages 20% of the invoiced price shall be due by the buyer. The buyer undertakes to inform the seller about the seizure of the goods or about any intervention by a third party. He will inform a third party about the existence of the retention of title.
5. Payment The price is to be paid at the time of delivery or before the shipment. The prices are net without discount, at factory. Unless otherwise agreed the transport costs or costs of guidance to the point of delivery are at the expense of the buyer. If the buyer has requested financing but only receives partial or no credit, he does not have the right to cancel the sales contract on the basis of this refusal to obtain credit. In case of acquisition, the acquisition is the subject of a separate payment or it is considered as a partial payment of the vehicle delivered after issuance of the invoice of the acquisition.
6. Delivery Whatever the destination of the equipment and the order conditions of the contracting party the delivery is considered as being done in our warehouses. The delivery time listed on the order form is purely indicative. At non-timely delivery the buyer put us in default and gives us a reasonable time for delivery. There can be no damage compensation claimed for late delivery. The buyer is obliged to collect the vehicle or to accept it when the vehicle is put at the disposal. When he fails to pick up the purchased vehicle, the seller will send a registered notice of default, which leaves him 8 days to reply. After the expiry of this term the seller has the right to: - consider the purchase commitment as terminated at the expense of the buyer - charge the buyer waiting fee as well as the costs for the realisation of the specific options requested by the customer (e.g. logo, colour, etc.). – to offset/compensate with the down payment a flat-rate compensation determined at 20% of the sales price - to have the vehicle available in favour of another buyer. If however it would seem that the purchaser would be prepared to take delivery within 8 days, but cannot pay the selling price immediately, from that time an interest rate of 10% will be due and calculated on the principal amount. Meanwhile, the merchandise remains entirely in our possession, as well as the ownership rights over it. If the buyer does not pay within a period of 1 month, application will be made of the above-mentioned provisions relating to retention of title and noncollection after sales (dissolution at the expense of the buyer, compensation, costs,...)
7. Guarantee Unless specifically provided, and depending on the type of sales, second-hand vehicles are sold without guarantee, where the buyer has taken notice of the condition of the vehicle and the test drive was deemed satisfactory by the buyer. The term "guarantee" means the repair (parts and labour). No other damages compensation (loss of revenue, towing costs to our workshops) may be demanded. Guarantee on the powertrain means guarantee on the parts and working hours for the repair of the engine, the gearbox and drive shaft. If there is a guarantee given over a period of time or for a certain number of kilometres, then the first acquired condition excludes the other and must the repairs be carried out in our workshops in Handzame or in Sombreffe. The guarantee will be void if during the guarantee period the material is entrusted to third parties with responsibility for research and/or repair, or if certain pieces were replaced by pieces whose origin has nothing to do with our company. The guarantee does not cover the damage, accidents, ... which have been originated from an excessive or abnormal use, lack of care, poor maintenance, a forgetness or the inexperience of those who use the equipment. For the vehicles sold in the condition in which they are, the purchaser undertakes to bring the vehicle in good order at his expense in accordance with the technical regulations, the legal requirements and in accordance with the safety regulations. In addition, the buyer releases the seller of any and all obligations and responsibility on this subject. Neither may the seller be held responsible for the data stated on the registration documents of the sold vehicle (i.e. MTM, own weight, payload, etc.),
8, Payment conditions Cash on departure from our workshops. If no payment was demanded, the invoice is payable within thirty days to Handzame. On the amount not paid on the due date, is from then on 10% interest due without any notice of default being required. This interest remains payable even if statements extracts were sent which do not mention it. In addition, we are, in the case of non-payment on the due date without good reason what concerns the agreement, entitled to claim damages that conventionally are determined at 10% of the principal amount with a minimum of 50 euro per invoice, this to compensate for extra judicial costs. This clause also applies when cheques were issued. Any issuance of cheques to the buyer are only effective as a deviation of the expiry date and in the amount of the principal sum per cheque, neither do they create a debt renewal or deviation of the place of payment. Acceptance of a cheque is not considered as a payment, as long as it is not honoured by the expiry date. Discount costs are always at the expense of the buyer
9. Jurisdiction In the event of a difference or dispute only the courts of the area of jurisdiction of the corporate's registered office have jurisdiction. Only Belgian law is applicable. At disputes or litigation arising out of a commercial relationship between our company and a French customer, only the courts of the urban community of Lille are competent, regardless of the competence clause.
10. Complaints All complaints must be well-founded and substantiated and shall be notified by registered letter no later than within 8 days of receipt of the invoice. The buyer admits to have taken note of all the above conditions and to explicitly accept these without reservation.
11. The vendor will not be held responsible for any malfunction, failure, obvious or hidden defect which the professional buyer determines after the sale. In no case, the buyer shall apply for an adjustment of the price, nor for a cancellation of the sale, the damage and interest. In my view, only bad faith, or dolus (false pretenses in order to promote sales) are elements that can affect the sale.