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GENERAL TERMS & CONDITIONS FOR PAYMENT AND SALES
BARRING FORMAL, WRITTEN DEVIATIONS in the sales agreement itself, considering the extent thereof, the following payment and sales conditions strictly apply.
1. SALES OFFERS are non-committal and only enforceable for the underlying general terms & conditions after written confirmation, signed by a manager, under deviations as provided in the confirmation. The same applies to orders submitted through our representatives.
2. In case the situation of the purchaser changes significantly, such as through incapacity, bankruptcy, judicial agreement, protesting a bank draft, even if asserted by a third party, or through death, we maintain the right to suspend or cancel the order(s) if, within fifteen days after the request, insufficient guarantees have been provided for the payment of the outstanding amounts, including bank drafts, and the amount of the order(s). The same applies to serious delay in the payment of outstanding amounts in other contracts.
3. PAYMENT CONDITIONS: In cash, when leaving our workhouses. If no payment was demanded, the invoice will be payable in Handzame within thirty days. In case of non-payment, 12% interest will be owed per year, starting from the expiration date, without the necessity for a separate notice of default. This interest will be owed even if account statements are submitted that do not mention it.
Furthermore, in case of non-payment on the expiration date, we are, without reasonable grounds concerning the agreement, entitled to demand compensation that is conventionally determined at 10% of the main sum with a minimum of 49.58 EUR and a maximum of 1859.20 EUR per invoice. This clause applies even when bank drafts are extended. Any extension of bank drafts by the purchaser only provides a deviation in terms of the course of the main sum by bank draft until the expiration date - it does not constitute debt rollover, nor does it constitute a deviation from the payment location. Accepting a bank draft is not seen as a payment, if it is not fulfilled on the expiration date. In cases as indicated under the aforementioned point - excluding a case of death - all outstanding amounts in the framework of this sales will be immediately claimable, whether or not they are represented by a bank draft. Discounting costs are always born by the purchaser.
4. In case of judicial collection or dispute, only the courts of the judicial arrondissement West Flanders (Veurne) are authorised to assess the commercial relationships with Braem NV and TSE Truck Service Europe NV, even if bank drafts are utilised. Only the court of the judicial arrondissement West Flanders (Brugge) is authorised to assess the commercial relationships with MAN West-Vlaanderen NV and MAN Brugge NV, even if bank drafts are utilised. Only Belgian law is applicable. However, in case of contestations or disputes stemming from a commercial relationship between one of our companies, i.c. Braem NV, TSE Truck Service Europe NV, MAN West-Vlaanderen NV and MAN Brugge NV and a French customer, only the courts of the arrondissement Rijsel are authorised, in spite of the earlier authorisation clause.
5. Delivery periods are only provided as an approximation. In case of non-delivery, the purchaser must give us a notice of default and leave us a reasonable period for delivery. No compensation can be claimed because of late delivery. In case of abatement or complete cessation of the production, caused by a case of force majeure, the company maintains the right to delay or suspend the execution of the concluded agreements and will not accept any liability for delay of the deliveries. At least the following are considered cases of force majeure: each cessation or abatement of the production due to strike, defective machinery, collapses, flooding, infectious disease, a shortage of transport materials, lock-out, skippers on strike, acts of war and all exploitation accidents. This summation is not limiting.
6. The merchandise will be considered to have been delivered and accepted by the purchaser the moment they leave our workhouses. They travel exclusively at the liability of the purchaser, even in case of free freight sales, excluding his claim to a possible third-party transporter. The purchaser has the right to be present in our workhouses during shipping, after timely, prior notification. Visible defects cannot be reclaimed after departure from our workhouses. Even if deviating provisions would lead to legal home delivery with the order, visible defects need to be reported within five business days from the delivery. 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. If warranty is provided, it only extends to replacing defective components in the construction, for as far acknowledge by our firm. Working hours and other costs are to be borne by the purchaser, who is not entitled to claim any other kind of compensation. The warranty is limited to the period agreed upon in writing, for as far no unauthorised use has been performed and/or repairs were made by the purchaser or a third party. If the warranty was extended, we are not liable for any accidents causing personal and/or material damage as a consequence of a defect contained under that warranty. If no other agreement exists, no warranty is extended for repairs to used materials.
7. The transporters or mechanics provided to the clients, be it for education, or the adjustment or repairs of their vehicles outside our workhouses, are considered to have been employed by the clients themselves, who are fully responsible for any occurring accidents and damages that may occur, be it to third parties or vehicles, or to travellers or the transporter and/or mechanic himself during the course of the education, repairs or specification. To that end, clients have the right to prohibit the deployed transporters or mechanics from performing any dangerous activities.
8. In case vehicles are entrusted to us by the client for repairs or maintenance, we maintain a retention right on these vehicles, this until payment of all expired and/or cash-payable repairs and maintenance invoices directed to the client has been fulfilled. The client accepts that this retention right extends to invoices pertaining to other vehicles than those the retention right is being exercised upon.
9. In case of sale of the materials, unless otherwise specified by agreement, the materials remain the property of the seller until complete payment. After payment reminder by registered letter, the seller may, in case no response is forthcoming within 10 days after sending the writing, repossess the material. In case of sales with a repayment plan, the conditions of the financing agreement take precedence over this agreement. The purchaser is explicitly prohibited from pawning the purchased matters or otherwise dispose of goods until complete repayment. All liability regarding the goods are to be borne by the keeper (purchaser).
10. All complaints must be grounded and motivated, and made known no later than eight days after receiving the invoice, by registered letter.
11. If the purchaser fails to retrieve the purchased materials, the seller will send a notice of default by registered letter, providing him a period of 8 days to fulfil his obligations. In case of non-compliance, the seller has the choice to either claim the execution thereof, or to consider the sales agreement as having been breached and claim compensation from the buyer, conventionally determined at 25% of the sales price (art. 1152 Belgian Civil Code). In case the purchaser is willing regarding the delivery, but cannot fulfil the agreed upon payment, the interest will be applicable immediately and the claim will become claimable; the goods will act as a guarantee.
12. If, in the agreement, an acquisition was provided for a currently used second-hand vehicle, this must be delivered, in normal state of use, by the purchaser during the delivery of the purchased goods. If this is not the case, the acquisition may be refused, at which point this refusal will have no influence on the course of the purchased materials.
13. The transfer of property happens only after complete payment, including any transport and packaging costs, as well as shipping costs and interest costs at 12% per year for providing suspension of payment. Indeed, the purchaser is explicitly prohibited from selling, leasing, pawning or in any way burdening the goods through private or business law, as long as he is not the definitive owner of the goods. The purchaser will remain liable for all risks connected to the delivered goods, until the time of complete payment, or until the goods are once again in our possession. If the purchaser remains in default for more than 1 month, the entire purchase sum will remain payable, and we may, in the registered writing used to give the purchaser his notice of default, opt to repossess the delivered goods, thereby legally terminating the original purchase agreement. In that case, besides compensation for the devaluation through use, 20% of the invoiced price will be owed by the purchaser by way of a fine.
14. The purchaser acknowledges to have been informed of all aforementioned conditions, and explicitly and unconditionally indicates he accepts these conditions.