GENERAL TERMS AND CONDITIONS OF SALE

 

1. GENERAL

Only these terms and conditions govern the contractual relationship between the parties to the exclusion of the customer's terms and conditions. If the customer's terms and conditions are expressly preferred, the following terms and conditions shall apply in a complementary manner.

 

2. OFFERS & ORDERS

2.1 Quotes are without obligation. The prices charged are those valid at the time of delivery, unless expressly agreed otherwise. If these prices are subject to changes, the seller reserves the right to adjust the prices proportionately at any time.

 

2.2 An order binds the buyer, but only binds the seller after written confirmation.

 

2.3 Orders transmitted to intermediaries are valid and binding only after our written confirmation of the order.

 

3.DELIVERIES

3.1 Unless otherwise stipulated, the goods are delivered and accepted at the address given by the buyer.

 

3.2 The goods are dispatched, delivered and/or installed at the buyer's risk. Transport and insurance costs will, unless stipulated otherwise, be charged to the buyer at the usual rates.

 

3.3 The seller can never be held responsible for any problem or damage occurring during delivery or installation when it appears that the seller was insufficiently or wrongly informed by the buyer.

 

3.4 If the buyer indicates to collect the goods at DEVSO's offices, if he does not collect the goods at the scheduled time, he will no longer be able to invoke the previously established delivery deadlines.

After 15 days, the seller reserves the right to consider the contract cancelled without prior notice. The seller also reserves the right to claim compensation for the damage suffered as a result of late or non-delivery.

 

3.5 The delivery period is indicated by way of information.

Late delivery cannot give rise to compensation or refusal to accept the goods.

 

3.6 If, as a result of force majeure (accidents, war, strikes, lock-outs, riots, lack of transport material, ... etc.) it is not in a position to execute the contract on time or even not at all, it reserves the right to temporarily suspend the execution of the contract for the duration of the force majeure or even to terminate it if execution of the contract has become impossible (normally, humanly or reasonably). No compensation can be claimed for this.

 

3.7 The non-conformity of the delivery and visible defects must be notified to the seller by letter or electronically at the latest within 48 hours of delivery, failing which the seller may consider any complaint inadmissible.

 

3.8 If the buyer does not report any defect or incomplete delivery within 14 days of receipt of shipping confirmation, the goods shall be considered delivered by the seller.

 

4. RETENTION OF TITLE

4.1 The transfer of ownership only takes place after full payment of the agreed price and this irrespective of the delivery date of the goods. As long as payment has not been made, the buyer is not entitled to pledge the goods in question or to use them as security in the broadest sense of the word. The material sold remains the property of the seller until the purchase price has been paid in full. The seller reserves the right to invoke the statutory retention of title.

 

5. LIMITATION OF LIABILITY

5.1 The goods entrusted to us are covered by the insurance policies taken out by the customer. The seller cannot be held liable for any loss of data on the magnetic media of these goods. It is the customer's responsibility to ensure backup copies (backups) of this data before presenting goods for repair.

 

6. APPLICABLE PRICES

6.1 All work hours performed shall be on a directional basis and shall be payable on collection of the goods, regardless of any investigation followed by an actual repair.

 

7. GUARANTEE

7.1 Corresponding performance is only guaranteed subject to the usual deviations and with normal use by the buyer.

 

7.2 Any claim based on hidden defects must be lodged by the buyer within two months of the discovery of the defect, failing which the claim shall be inadmissible in application of article 1648 of the Civil Code. Furthermore, this claim must, on penalty of expiry, be lodged within one year of delivery. If there is responsibility on the part of the seller, the buyer will have to prove the damage in concrete terms. If complaints are found to be admissible and well-founded, the seller's obligation is limited to replacing or repairing the defective or damaged goods and the damages may not exceed the cost price of the goods sold. No other damage suffered by the buyer or a third party shall be eligible for compensation. Any liability of the seller is in any case excluded, if the damage would have been caused by the concurrence of a defect in the product and by the fault of the buyer, or of a person, for whom the buyer is responsible.

 

7.3 The warranty on placement or installation of a product is likewise one year after placement or installation, subject to the application of the provisions concerning the Consumer Sales Act. However, this guarantee only applies to defects due to a fault in the placement or installation and is in no way applicable in case of wear and tear due to use of the product.

7.4 In any event, the period of guarantee by the seller shall always be equal to the guarantee period offered by the manufacturer of the product. Under no circumstances will the seller offer a longer warranty period than the manufacturer.

 

7.5 If repairs are required, the seller refers to its general terms and conditions regarding repairs. These conditions can always be consulted by the buyer via the seller's website. At his request, the repair conditions shall be made available to the buyer in writing or on another medium available and accessible to him.

 

7.6 The buyer undertakes to transmit the seller's special warranty conditions to its own customers.

 

8. PAYMENTS

8.1 Invoices are payable to the seller within the contractual period stated on the invoice, unless otherwise stipulated.

 

8.2 In the event of non-payment or incomplete payment of the invoice on the due date, the balance due shall be increased ipso jure and without notice of default by way of fixed compensation by 10%, subject to a minimum of EUR 125, without prejudice to the seller's right to obtain compensation for the damage actually suffered if this proves to be higher.

In addition, interest on arrears at the rate of 1.5% per month on the invoice amount shall also be due ipso jure and without notice of default from the due date.

Each month started shall count as a full month.

 

8.3 The seller's agreement to other means of payment (e.g. by bill of exchange, etc.) shall not entail novation and shall not affect the clauses concerning the place of payment, damages, interest and/or conditions stipulated between the parties.

 

8.4 In case of non-payment or in case the seller's confidence in the buyer's creditworthiness is shaken due to identifiable negative events (e.g. issue of an uncovered cheque, failure to make payments, ...) or in case of bankruptcy, apparent insolvency or any change in the buyer's legal situation, the seller may suspend the performance of any agreement by operation of law and without notice, and demand the payment of all outstanding amounts, even if they were not yet due.

 

 

8.5 In case of non-compliance with the buyer's obligations, the seller shall have the right to stop deliveries. Furthermore, if a reminder sent by registered letter remains without effect for 15 days, the seller may regard this contract as terminated in its entirety or broken for the part not yet performed, and this without prejudice to his right to compensation of 10% of the invoice amount as compensation for expenses and loss of profit, without the seller having to provide proof of the existence and extent of the damage. The seller reserves the right to demand the performance of the contract and/or prove his actual damages.

 

9.PERSONNEL

9.1 During the term of any contractual relationship between the seller and the buyer and for a period of two (2) years thereafter, the buyer shall not use the services of any of the seller's personnel, directly or indirectly, as a self-employed person, partner, employee, or in any other capacity or manner whatsoever, except in the context of a contractual relationship between the seller and the buyer. As the damage suffered by the seller in such case cannot be precisely determined, the buyer agrees that, in case of breach of this prohibition, it shall pay to the seller, by way of fixed indemnity, as of right and without formal notice, an amount equal to two (2) times the gross income paid by the seller to the relevant member of staff during the last twelve (12) months of employment with the seller.

 

10. COMPLAINTS

10.1 Complaints concerning the quality or conformity of the delivered goods will only be examined if they are sent by registered letter within eight days of delivery of the goods.  Goods may only be returned with the Seller's consent.  Should the delivered goods be defective, we shall exchange free of charge any item which, after examination, proves to be defective, provided the goods are in new condition. If the goods have been used and show visible usage damage, they will be repaired through the normal repair process.  In any case, our liability is limited to the invoice value of the delivered goods and can never give rise to compensation

 

10.2 Complaints regarding amounts charged for subscriptions must be submitted within 2 weeks of the date the invoice was sent. The submission of a complaint does not release the customer from his obligation to pay. Insofar as the complaint is correct, a settlement will be made in a subsequent invoice.

 

11. PRIVACY

11.1. The customer's data are used to keep him informed of DEVSO activities and are stored in the seller's database. The customer has the right to inspect and correct his data in accordance with the Privacy Protection Act of 08/12/1992.

 

11.2. More details on the Privacy Policy can be found in our Devso BV Privacy Policy at https://portal.devso.be/info/privacy_policy/ .

 

12. VALIDITY

12.1 If any of these terms of sale should prove to be legally invalid, the remaining terms will remain in force. The unlawful condition, if any, shall be replaced by mutual agreement by the closest legal condition then in force.

 

12.2 In case of disputes, the courts of the judicial district of the seller shall have sole jurisdiction district of the seller shall have jurisdiction.

 

12.3 The contract is governed by Belgian law.

 

 

 

This text has been automatically translated from the Dutch-language version. The Dutch version is the only legally valid version.