GENERAL TERMS & CONDITIONS OF SALE
These general terms and conditions are applicable subject to changes made by the parties in the form of a written agreement and constituting the particular conditions for the market. They always take precedence over any general terms and conditions of the customer unless explicit exemption is given in writing at the time of acceptance of the order.
1. SELLING PRICE
Unless specified otherwise in the tenders and/or the order confirmations, prices are expressed in EURO and are understood to be net without taxes and VAT, which are the responsibility of the purchaser. They apply for goods taken from our factories or warehouses; the transportation charges and insurance are the responsibility of the customer.
The prices are based on the economic conditions existing at the time of the tender. They are not binding and are subject to change without notice according to changes in them and in particular to changes in the currency exchange rates. Our deputies, agents or representatives are not proxies; any commitments that they make are only binding on us after ratification by the management of TRANSURB-TECHNIRAIL.
2. PERIODS
Delivery periods mentioned in the tenders and confirmations of sale are given as an indication and do not imply any liability in the event of delay, unless explicitly stated to the contrary.
3. TRANSFER OF PROPERTY
The vendor retains ownership of the goods delivered by him until full payment of the sums that are due to him for the deliveries. The goods delivered by the vendor and on the purchaser’s premises must consequently be treated by him as being held in trust, in particular with regard to the risks to be covered by insurance. The vendor can cancel the sale and reclaim, at the expense of the purchaser, all of the goods that are the subject to retention of ownership if an invoice is not paid within a period of 15 days after having been given formal notice by registered letter.
4. TRANSPORT AND RELATED RISKS
All risks are borne by the purchaser, from departure from the vendor’s factories or warehouses, or notification of the availability, whether the purchaser arranges transport himself or if he entrusts it to a third part chosen and paid by him.
If transport is arranged by the vendor or a third party chosen by him, the responsibility for the sold goods and the procedure to be followed in the event of disaster are defined by the laws and/or national and/or international conventions on the carriage of goods in force at the start of the transportation.
In the event of damage involved in the transportation, the purchaser must submit his declaration by registered letter within seven days after the date of arrival at the destination, to the vendor if he is the carrier, or to the third party carrier chosen and paid by the vendor.
5. GUARANTEE AND COMPLAINTS
The guarantee covering hidden defects whose principle is envisaged in Article 1641 of the Belgian Civil Code extends for twelve months after the date of delivery.
Any claim under guarantee must be submitted by registered letter sent before this period has expired. At the end of this period, no continuation will be considered for any claim under guarantee whatsoever.
The intervention of TRANSURB-TECHNIRAIL is limited, in the event of a hidden defect, to either the repair, or the replacement of the goods without there being any claim for damages or interest.
With regard to the apparent defects or conformity with what was ordered, the goods are considered to have been approved if no complaint has been submitted by registered letter within seven days of their reception.
The vendor accepts the return of goods by prior agreement only within seven days of the date of receipt by the purchaser. Returns are made at the expense and risk of the purchaser.
The guarantee is automatically null and void if the purchaser himself makes or has made by a third party any unspecified repairs or modifications whatsoever, as well as if it is noted that maintenance is not carried out according to the manufacturer’s instructions or that the use is not in conformance with the instructions.
TRANSURB-TECHNIRAIL cannot in any case be held responsible for any financial or commercial loss directly or indirectly resulting from the failure of goods.
6. TERMS OF PAYMENT
Invoices are considered to have been accepted if no complaint is submitted in writing within seven days of their receipt.
Unless stated otherwise, invoices are payable net and without discount within thirty days of their date.
No deduction is allowed that is not justified by a credit note or prior agreement.
Any sum remaining unpaid after this deadline is, by this fact only and without formal notice, increased by a contractual and irreducible contractual allowance of 15% with a minimum of € 50.00; moreover, this sum carries, without no formal notice being necessary, an interest of 1.5% per month or part of a month delay in its settlement. If payment is arranged by instalments, the non-observance of a term causes the loss of the benefit of instalments and the full price becomes due as of right for payment immediately
7. TERMINATION OF THE CONTRACT
In the event of a serious breech by the purchaser of a clause of the general and/or particular terms and conditions, including the non-payment of an invoice within its deadline, or in the event of serious fears about the solvency of the purchaser, the contract can be terminated automatically 15 days after sending by post a registered letter giving formal notice.
8. COURT OF JURISDICTION
Belgian law is applicable. In addition, it is expressly agreed that in the event of litigation or dispute of any nature, only tribunals in the legal district of Brussels have jurisdiction.
These general terms and conditions are applicable subject to changes made by the parties in the form of a written agreement and constituting the particular conditions for the market. They always take precedence over any general terms and conditions of the customer unless explicit exemption is given in writing at the time of acceptance of the order.
1. SELLING PRICE
Unless specified otherwise in the tenders and/or the order confirmations, prices are expressed in EURO and are understood to be net without taxes and VAT, which are the responsibility of the purchaser. They apply for goods taken from our factories or warehouses; the transportation charges and insurance are the responsibility of the customer.
The prices are based on the economic conditions existing at the time of the tender. They are not binding and are subject to change without notice according to changes in them and in particular to changes in the currency exchange rates. Our deputies, agents or representatives are not proxies; any commitments that they make are only binding on us after ratification by the management of TRANSURB-TECHNIRAIL.
2. PERIODS
Delivery periods mentioned in the tenders and confirmations of sale are given as an indication and do not imply any liability in the event of delay, unless explicitly stated to the contrary.
3. TRANSFER OF PROPERTY
The vendor retains ownership of the goods delivered by him until full payment of the sums that are due to him for the deliveries. The goods delivered by the vendor and on the purchaser’s premises must consequently be treated by him as being held in trust, in particular with regard to the risks to be covered by insurance. The vendor can cancel the sale and reclaim, at the expense of the purchaser, all of the goods that are the subject to retention of ownership if an invoice is not paid within a period of 15 days after having been given formal notice by registered letter.
4. TRANSPORT AND RELATED RISKS
All risks are borne by the purchaser, from departure from the vendor’s factories or warehouses, or notification of the availability, whether the purchaser arranges transport himself or if he entrusts it to a third part chosen and paid by him.
If transport is arranged by the vendor or a third party chosen by him, the responsibility for the sold goods and the procedure to be followed in the event of disaster are defined by the laws and/or national and/or international conventions on the carriage of goods in force at the start of the transportation.
In the event of damage involved in the transportation, the purchaser must submit his declaration by registered letter within seven days after the date of arrival at the destination, to the vendor if he is the carrier, or to the third party carrier chosen and paid by the vendor.
5. GUARANTEE AND COMPLAINTS
The guarantee covering hidden defects whose principle is envisaged in Article 1641 of the Belgian Civil Code extends for twelve months after the date of delivery.
Any claim under guarantee must be submitted by registered letter sent before this period has expired. At the end of this period, no continuation will be considered for any claim under guarantee whatsoever.
The intervention of TRANSURB-TECHNIRAIL is limited, in the event of a hidden defect, to either the repair, or the replacement of the goods without there being any claim for damages or interest.
With regard to the apparent defects or conformity with what was ordered, the goods are considered to have been approved if no complaint has been submitted by registered letter within seven days of their reception.
The vendor accepts the return of goods by prior agreement only within seven days of the date of receipt by the purchaser. Returns are made at the expense and risk of the purchaser.
The guarantee is automatically null and void if the purchaser himself makes or has made by a third party any unspecified repairs or modifications whatsoever, as well as if it is noted that maintenance is not carried out according to the manufacturer’s instructions or that the use is not in conformance with the instructions.
TRANSURB-TECHNIRAIL cannot in any case be held responsible for any financial or commercial loss directly or indirectly resulting from the failure of goods.
6. TERMS OF PAYMENT
Invoices are considered to have been accepted if no complaint is submitted in writing within seven days of their receipt.
Unless stated otherwise, invoices are payable net and without discount within thirty days of their date.
No deduction is allowed that is not justified by a credit note or prior agreement.
Any sum remaining unpaid after this deadline is, by this fact only and without formal notice, increased by a contractual and irreducible contractual allowance of 15% with a minimum of € 50.00; moreover, this sum carries, without no formal notice being necessary, an interest of 1.5% per month or part of a month delay in its settlement. If payment is arranged by instalments, the non-observance of a term causes the loss of the benefit of instalments and the full price becomes due as of right for payment immediately
7. TERMINATION OF THE CONTRACT
In the event of a serious breech by the purchaser of a clause of the general and/or particular terms and conditions, including the non-payment of an invoice within its deadline, or in the event of serious fears about the solvency of the purchaser, the contract can be terminated automatically 15 days after sending by post a registered letter giving formal notice.
8. COURT OF JURISDICTION
Belgian law is applicable. In addition, it is expressly agreed that in the event of litigation or dispute of any nature, only tribunals in the legal district of Brussels have jurisdiction.
