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    General conditions

    General conditions

    GENERAL TERMS & CONDITIONS FOR PAYMENT AND SALES

    1. The present conditions are applicable to all contractual relations with the NV (limited company) BRAEM (including BRAEM FRANCE, subsidiary of the NV BRAEM in France) and the NV (limited company) TSE TRUCK SERVICE EUROPE. Any purchase or order for the execution of works implies the customer's agreement with the present conditions.

    2. Any order or order confirmation by the customer is irrevocably binding. The execution of works following a specification/quotation (even unsigned) implies the customer's agreement to this quotation. Having the works carried out without prior quotation implies the customer's agreement to a time-and-material contract. The person or company placing the order/assignment is considered the principal and guarantees payment of the invoice, even if the invoice is to be addressed to a third party.

    3. In the event of a change in the customer's situation such as (application for) bankruptcy, judicial reorganization or liquidation, incapacity, death or protest of bills of exchange (even if drawn by a third party), we shall be entitled to suspend or cancel the order(s), if sufficient guarantees for payment of all outstanding amounts, bills of exchange included, and the amount of the order(s) are not given within 8 days of the request. The same applies in case of serious delay in payment of the amount due, regarding other agreements.

    4. Delivery and execution deadlines are only estimated. Delays shall in no way justify breach of contract, reduction of the price or a claim for compensation of any kind. In case of production or delivery problems or other cases of force majeure, we reserve the right to extend the delivery and execution deadlines or cancel the contract and refund any advance paid, without any right to compensation for the customer.

    5. If the customer cancels an order or fails to take delivery and pay for the purchased goods and vehicles within 8 days of sending a notice of default, we will have the option either to demand the forced execution of the agreement, or to consider the agreement as dissolved at the customer's expense. In the latter case, the customer will be liable for compensation of at least 25% of the sales price, it being understood that the customer will be liable for full compensation in the case of non-stock goods and vehicles that have been specially ordered for the customer and stock goods and vehicles that have decreased in value since the order/sale. If additional delay is granted to the customer, he will in any case owe interest at 10%. Furthermore, for vehicles sold but not collected (even if the purchase price has already been paid), the customer will be liable for stalling fees at EUR 25 per day from 8 days after sending a notice of default. Delivered goods will not be taken back.

    6. Sold goods and vehicles shall, unless otherwise agreed, remain our property until full payment is received, including any packaging and shipping costs. In the event of an installment sale, the terms of the financing agreement shall prevail. The customer is prohibited from selling, renting, pledging, encumbering with any right in rem or personal right, rendering immovable or processing the sold goods until they are paid for in full. The customer remains liable for all risks associated with the goods delivered until payment is made in full. If the customer fails to pay the full purchase price within 8 days of sending a notice of default, we may opt to take back the delivered goods, as a result of which the original purchase agreement is terminated by operation of law and the customer will also be liable for compensation in accordance with Article 6.

    7. If upon the sale of a vehicle, a trade-in of another vehicle was foreseen, it must be delivered by the customer no later than the delivery of the purchased vehicle. It must be in a normal state of use and in the same condition as at the conclusion of the contract and include all keys and vehicle documents. If not, we may refuse the trade-in, without it affecting the sale of the vehicle sold.

    8. The goods and vehicles sold are considered delivered and accepted by the customer at the time of departure from our workshops. They are transported exclusively at the risk of the customer, who has the right to be present at the time of departure from our workshops, subject to timely prior notice. The client is obliged to check the goods and vehicles upon delivery. Any non-conformity and all visible defects must be notified to us in writing immediately upon departure from our workshops, or at the latest within 24 hours after delivery to the client's premises if the legal delivery would only take place there. In the case of second-hand sales, the goods or vehicles are sold in the condition in which they are, the customer is deemed to have checked them on site prior to the conclusion of the contract, and we are not liable for hidden defects. In all cases, our liability, if any, for goods delivered and work performed will be limited to the price thereof and we will never be liable for consequential damages, including loss of use, towing costs, loss of production or damages. If the customer believes that we are liable, he should contact us before having any towing costs or repairs done to the vehicle.

    9. In case a warranty is given, it shall only extend to the replacement of defective parts. Labour and other costs remain the responsibility of the customer, who cannot claim any other compensation. The warranty is limited to the agreed period and expires in case of improper use or repairs, or work done by the customer or by third parties. Under no circumstances shall we be liable for consequential damages, including loss of use, towing costs, loss of production or damages.

    10. Returns of scrap metal, packaging materials, new parts, damaged goods, repairs and warranties will only be considered if a return form is completed and confirmed. For warranty requests we also require completion of an online warranty form. Documents and guidelines can be found on https://www.braem.com/en/warranty-and-returns.

    11. If our personnel is made available to the client, whether for instruction or for tuning or repairs of vehicles outside our workshops, they will be regarded as personally appointed by the client, who will be entirely responsible for accidents and damage caused, either to third parties or vehicles, or to our personnel themselves. To this end, the client may prohibit any dangerous actions by the personnel concerned.

    12. If vehicles are entrusted to us by the customer for repairs or maintenance, we have a right of lien on these vehicles until payment is received for all overdue repairs and maintenance invoices addressed to the customer, as well as C.O.D. invoices. The customer accepts that this right of lien also extends to invoices relating to vehicles other than those on which the right of lien is exercised.

    13. Our invoices are payable in cash and without discount at our registered office in Kortemark, unless otherwise agreed in writing. Any issuance of bills of exchange to the purchaser shall only be considered as a deviation from the due date up to the amount of the principal sum per bill of exchange. It shall not create a renewal of debt, nor a deviation from the place of payment. Acceptance of a bill of exchange is not considered as payment as long as it has not been settled by the due date. In the event of late payment, the customer (both businesses and consumers) shall owe 10% interest on arrears from the date of invoice, without the need for a reminder, as well as a penalty of 10% of the principal sum. In the event of late payment of one invoice, all invoices, even those not yet due, shall become immediately due and payable and we will be entitled to cancel all current agreements. Notwithstanding any seizure, assignment of debt, bankruptcy, liquidation, judicial reorganization or (any other case of) concurrence, we will be able to apply debt set-off and bring the subcontractor's direct claim against the client's principals. All complaints regarding invoices must be notified by a motivated registered letter at the latest within eight days of their dispatch.

    14. Anti-money laundering provisions: we assume that all payments are matched by effective purchases or services. If this is not the case, we cannot be held responsible. Partial payments are allowed only by prior agreement. We are entitled to request the identity of the payer at any time.

    15. The contract between the parties is subject to Belgian law and in case of disputes, including with BRAEM FRANCE, only the Belgian courts are competent, more specifically the courts of the district in which our registered office in Kortemark is located. The possible invalidation of one of the provisions of these conditions shall in no way entail the invalidation of the remaining provisions.