Page 325 - DME Workshop Equipment Catalogue 2023 EN

INDEX

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WORKSHOP EQUIPMENT - INDEX
GENERAL CONDITIONS OF SALE DME EUROPE

1. CONCLUSION OF CONTRACT - APPLICATION 8. DELIVERY
The contract is validly entered into and the order is accepted after written Date of delivery is the date when the goods are ready for inspection at the
confirmation by seller. These sales conditions apply to the exclusion of any indicated place. Place of origin is Niel, Belgium, or any other place indicated
other terms or conditions, unless expressly accepted in writing beforehand by by seller. Seller is not responsible for any late delivery, except those delays due
the vendor. to his own fault or gross negligence.
Seller has 30 (thirty) days since the reception of the order to accept or to refuse
it. During this period, buyer shall not withdraw his order. 9. RETURNING OF GOODS
Absence of any written confirmation of the order shall only be interpreted as No goods can be returned without seller’s previous, express and written
being an implicit acceptance in case of performance of the order by seller. consent. If buyer commits an error in ordering, the retaking of goods is possible
only for inventory standard items. Goods must be returned within 15 (fifteen)
2. PAYMENT days after invoice date and all goods must be in original conditions,’ all costs
Unless otherwise agreed in writing, invoices are payable in the stated of transport are for buyer, as well as insurance and repacking costs. Special-
currency within 30 (thirty) days after invoice date to the-bank designated by order goods, marked or used items are non-returnable.
seller. Transfer charges are for account of buyer.
If buyer does not pay within this term, seller shall automatically have ipso jure 10. DEFECTS
and without any prior formal notice, the right to charge legal interest plus 2 Seller warrants defects in material and/or workmanship. Warranty is limited to
% from due date of the invoice. Moreover, in case of late payment, a fixed the replacement or repair, at seller’s option, of any merchandise found defective
indemnity corresponding to 10 % of the payable amount shall automatically be during 1 month. This warranty does not include defects due to buyer’s fault or
due from the first day following the due date, without prejudice to seller’s right to abnormal use, bad maintenance, imperfect installation, buyer’s inadequate
to prove higher damage and ask for corresponding indemnity. Should payment repair, unforeseeable circumstances or in case changes were brought to
be in foreign currency, seller has the right to adapt the foreign currency in case material without previous and express written approval of seller.
of depreciation-of this foreign currency in regard of the euro. Notice of conspicuous defects must be given to seller by registered letter sent
Should payment of the delivered goods be in instalments, the non-payment within 10 (ten) working days following date of delivery.
of one of the instalments gives seller the right to terminate the contract. The Notice of hidden defects must be given to seller by registered letter with in 10
payments, which were done until then, shall remain property of seller as (ten) working days after date of discovery, and in any case, within a 10-month
indemnity, without prejudice to the right to claim further damages or to the term following date of delivery.
right to require the performance of the contract. Seller is not responsible for any damage and in particular salary and material
Payment of advance shall not give buyer the right to terminate the contract costs, losses, loss of profit or loss of a chance incurred by buyer, unless it is
upon reimbursement of the paid advance, If payment is done by bill of exchange demonstrated that defect is due to seller’s gross or intentional fault. If seller is
or check, payment is deemed satisfied only when the bill of exchange or the responsible for defect, seller has the right either to terminate the contract and
check is honoured. to pay back all the invoiced prices or to replace the delivered product within a
Place of payment is always Mechelen even if payment is done with bill of reasonable term. If goods for repair must be transported, costs and risks of this
exchange. transport are for buyer.
In case seller is responsible for any damage, this will be limited to the
3. RETENTION OF TITLE foreseeable damage with a maximum amount corresponding to the amount of
Delivered goods remain property of seller until full payment has been received the product’s invoiced price.
by seller. The sale of an unpaid item by buyer to a third party results in automatic Should a third party lodge a claim against seller to obtain payment of an
assignment of the debt due by the third party to buyer, inclusively the retention indemnity for a damage for which seller is not responsible in accordance with
of title, to seller. Seller has then the authority to take any necessary means in the present conditions or for a higher amount than the one seller is responsible
order to validly assign towards the third party. Seller may retake unpaid goods for, buyer will warrant seller against those claims.
at any time and he may inform any client and/or any subcontractor of buyer
about the fact that seller is and remains the only owner of the concerned goods 11. DESCRIPTION
until full payment. Only product descriptions used in seller’s latest literature and correspondence
The purchaser undertakes to carefully keep the goods that have not been with buyer, are binding for description of goods.
paid for, and undertakes not to pledge them or use them in any other way as a Buyer is responsible for using items in conformity with all regulations, including
guarantee or security. The purchaser shall inform third parties who may apply but not limited to, the safety regulations in force at the place of use.
any security rights over his assets (such as, but not limited to, the lessor of the
premises occupied by the purchaser) that the products are and shall remain 12. SPECIFIC ORDERS
the property of the vendor until full payment of all sums owed by the purchaser For the performance of a special work, the project signed by buyer is binding to
to the vendor, and in the event of an attachment the extent it has been accepted by seller.
or other measures taken by third parties that apply to products for which full For the performance of such work, special conditions may be required. In case
payment has not yet been made the purchaser undertakes to immediately of any inconsistency between general conditions and special conditions, the
inform the vendor of this to enable him to apply his rights. special conditions shall apply. Should special conditions be unclear, they shall
be interpreted in light of the general conditions.
4. RISKS
Notwithstanding the preceding provisions, the risk transfers to buyer as soon 13. ACT OF GOD
as he has the goods at his disposal. Seller shall not pay any damage for non-performance or late performance
of his undertakings due to Act of God. Act of God includes in particular and
5. DISPATCHING OF INSIGNIFICANT VALUE without being limited thereto, strike, lock-out, and the non-performance by
Each dispatch of less than € 60 will be increased with costs of payments and- seller’s suppliers of their undertakings.
may, at sellers option, be sent cash on delivery (COD).
14. VALIDITY AND INDIVIDUAL CLAUSES
6. PRICE OFFERS AND PRICE LISTS If one or more provisions of these present general conditions are held to be
Price offers and price lists are without obligation and are subject to change invalid, the remaining provisions will continue to be valid and enforceable,
without any previous notice. and parties will agree upon other provisions having an economic effect that
Any information released by seller is delivered in good faith and seller shall not corresponds closest to the economic effect of the invalid provision(s).
be responsible for the choice of material and goods.
15. WAIVER
CAD reference point All prices are ex works. Transportation, duties and taxes for account of buyer, present conditions, this shall not be interpreted as a waiver of these rights.
7. PRICE AND DISPATCHING
In case seller does not exercise one of his rights in accordance with the
unless seller’s previous and express written specification to the contrary. Seller
shall send goods by the fastest and most economic way at the risks of buyer.
16. APPLICABLE LAW – COMPETENT COURTS
This sales contract will be governed by Belgian law. The competent court is the
Goods may be insured by seller at buyer’s option, the insurance premiums are
for buyer. Seller is not responsible for the choice of packing.
Commercial Court of Mechelen, without prejudice to seller’s right to introduce
the case before another competent court.

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