a) The following conditions are valid for all agreements, including offers, which are established between Led techno NV and the customer, who declares to have taken note of these conditions.
b) Other or contrary conditions of the customer will be considered as not written and can in no way be interpreted by Led techno NV as acceptance of other conditions. Only in case of explicit and written acceptance by Led techno NV, other conditions can be accepted in which case they will only apply to the agreement which is the object of it.
a) Our prices are always exclusive of VAT and exclusive of additional contributions, surcharges and costs (without being restrictive, we mention here: excise duty surcharges, recupel, possible additional transport and administration costs).
b) For orders with a value of less than €350.00, excluding VAT, an additional fixed file, postage and administration fee of €30.00 excluding VAT will be charged. For export orders, there is a surcharge of €40.00 for file and administration fees for orders with a value of less than €350.00. Prices do not include transport costs, export costs, bank and customs charges.
c) Our prices and order costs are subject to annual revision on 1 January, unless otherwise agreed in writing.
a) Every assignment, order or order from the customer, once received by Led techno NV, in whichever form, binds the customer irrevocably to the purchase of the goods and the payment of the related invoice.
b) Led techno NV is only bound after written confirmation to the customer.
c) Modifications by the customer are only possible after prior written agreement by Led Techno NV.
a) Delivery periods are provided for information purposes only and are therefore not binding unless expressly agreed. The anticipated period shall be respected as much as possible, but we shall not be liable for any failure to meet it. A late delivery shall under no circumstances give rise to the cancellation of the order and/or any right to compensation.
b) Each order must be sufficiently detailed and specified for us to be able to execute it within the stipulated period.
c) We guarantee delivery in accordance with the models shown with the express reservation of the usual colour and quality deviations.
PLACE OF DELIVERY - TRANSPORT:
a) Sold goods shall always travel at the expense and risk of the purchaser, even in the case of carriage paid delivery.
b) For the place of delivery it is agreed, that the goods can be delivered rolling to the place by means of usual entrances (corridors, lifts, but no stairs). Led techno NV reserves the right to charge additional transport and delivery costs if the delivery place is not freely accessible.
c) For returning devices after repair, packaging and transport costs will be charged.
COMPLAINTS AND RETURNS:
a) Complaints relating to visible defects or relating to quantities or quality deviations must be notified immediately to the carrier and must be made by registered mail within 48 hours of receipt of the goods.
b) In order to be valid, complaints about hidden defects or possible manufacturing defects must be made by registered mail within a period of one month starting from the receipt of the goods.
c) We reserve the right to rightfully reject the goods, at our discretion, either to replace, refund or credit the goods at the original price.
d) If Led techno NV, after written agreement, takes back the goods, the customer will be charged a cost for restocking of 20% with a minimum of €40,00.
e) Spare parts and non-stock articles are not taken back.
f) Goods may not be returned without our written consent. Any return shipment must be made to us carriage paid. Our possible consent does not imply any admission of liability.
g) Return of equipment at the end of its service life shall be in accordance with the legal provisions in force at the time. Return and processing costs will be charged, unless otherwise agreed in writing.
PAYMENT TERMS AND GUARANTEES:
a) Unless otherwise stipulated in writing, our invoices are payable 30 days after invoice date, at the registered office of our company or into our bank account.
b) Our agents and/or representatives are not allowed to accept payments or to sign invoices as paid without our company's written consent.
c) The non-payment of one invoice on the due date shall render all other amounts due immediately payable, irrespective of the agreed or permitted terms of payment.
d) Failure to pay one or more invoices within the stipulated period will result in damages, ipso jure and without warning, equal to 10% of all outstanding claims with a minimum of €125.00. This compensation is stipulated to compensate us for our additional costs, without prejudice to the right to a reasonable indemnity for possible collection costs in accordance with art. 6 of the Act of 2 August 2002, concerning the combating of late payment in commercial transactions.
e) In addition, interest equal to 1% per month shall be due ipso jure and without notice of default from the due date. The writing off of a bill of exchange against the purchaser shall not detract from this provision.
f) If a partial delivery is not paid for on the due date, we reserve the right to destroy the balance of the orders.
g) In the event of non-payment by the due date, we reserve the right to regard the sale as null and void by operation of law and without notice of default. The delivered goods can then be reclaimed by us without delay (right of retention) wherever they may be at that time. Any advances paid will be retained by us for costs and interest. This also applies in case of bankruptcy, judicial settlement, cessation of payment, request for postponement of payment.
h) Led techno NV reserves the right to postpone the execution of the agreement if the customer's credit position is unstable or unreliable. If, in this case, no additional guarantees can be given within a reasonable period of 30 days, Led techno NV can consider the agreement as unilaterally terminated at the charge of the customer and this without prior notice. In that case Led techno NV will be entitled to charge 50% of the sales price as a fixed compensation.
RETENTION OF TITLE:
a) Delivered goods shall remain our property until full payment of the sales price in principal and associated costs has been made. In the event of resale, the reservation of title shall be transferred to the realised sales price.
b) Nevertheless, the customer shall bear all possible risks of damage that the goods may suffer or cause as of receipt of the goods.
SUSPENSION AND CANCELLATION OF THE CONTRACT - FORCE MAJEURE:
a) If the purchaser does not respect the agreements made in the framework of the commercial collaboration, the registered notification of these facts shall automatically suspend the further execution of all current orders. If our registered notice of default remains without effect after 15 days, we shall be entitled to definitively cancel all existing commitments, without prejudice to our right to compensation.
b) If during the execution of an order doubts arise concerning the creditworthiness of the purchaser, we reserve the right, even after partial delivery of the goods, to demand guarantees for the proper execution of his obligations. If the purchaser fails to satisfy us, we shall be entitled to cancel all or part of the order, without prejudice to our right to compensation.
c) If we are prevented from fulfilling our obligations due to force majeure or circumstances beyond our control, we shall have the option, at our discretion, to suspend execution of the order or cancel it without being liable for any compensation.
a) The term of the guarantee is standard, subject to contradictory contact provisions. The period shall commence on the date of collection or delivery of the equipment. The warranty is only valid if the customer uses the appliance in normal conditions and with due care. The warranty shall be granted only on presentation of the invoice.
b) The warranty does not cover: damage, disturbances and defects that are due to a fault of the customer or whose cause is external to the appliance: damage due to accident, poor use or maintenance, failure to comply with the instructions in the user manual, lightning, humidity, overvoltage and all other cases of force majeure; - repair or replacement of loose components, replacement of accessories that require regular renewal and supply of maintenance products.
c) The guarantee does not apply: - if the customer modifies or repairs the device him/herself or uses the services of persons who were not appointed by Led Techno NV; - if he/she removes or falsifies the production numbers and/or the marks of the device.
d) Specification costs are charged for the drawing up of specifications by our Technical Department.
a) All our commercial transactions are exclusively governed by Belgian law.
b) Only the courts of the judicial district of Hasselt are competent to adjudicate any disputes and/or objections, both for deliveries in Belgium and abroad.
They apply from the date of publication and replace all previous ones.