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General terms and conditions of sale

Find here the general terms and conditions of sale that apply to all our services and supplies.

1. Unless otherwise expressly agreed, all our services and supplies are subject to these general terms and conditions, which take precedence over any general terms and conditions of the purchaser. By issuing a purchase order and by accepting the delivery of goods or the performance of services, the purchaser confirms their exclusive acceptance of these terms and conditions. These terms and conditions shall also apply to all subsequent services and supplies ordered by the same buyer, whether or not reference is made to our general terms and conditions of sale. The invalidity of one or more clauses of these terms and conditions shall not render the entire general terms and conditions or the contract invalid.

 

2. Orders are considered final once they have been confirmed in writing by an authorised representative of our company. Unless otherwise expressly stated, contracts are deemed to have been concluded at the seller’s registered office. Our company shall not be held liable in the event of non-performance due to force majeure, strike, lock-out, etc. The specifications regarding quality, quantity and performance required by the buyers must be clearly defined on a purchase order, and no external consideration or external document shall entitle the buyer to extend or amend the terms set out on the purchase order. In the event of cancellation of the order by the buyer prior to delivery of the goods, and provided that such cancellation is explicitly accepted by the seller, 20% of the value of the products not yet dispatched from stock shall be invoiced as a cancellation fee. This amount shall also be payable in the event of cancellation of the order by the seller following a breach of the buyer’s obligations.

 

3. Delivery times are provided for information purposes only. Any delay in delivery shall not give rise to a claim for damages or termination of the contract.

 

4. Inspection of our goods is to be carried out at our premises. The goods are covered by a manufacturer’s warranty against any manufacturing defects. Any item found to be defective will be replaced, but our liability is limited to the straightforward replacement of the defective item, and no refund, compensation or damages may be claimed from us on any grounds whatsoever. Any claim by the purchaser must, on pain of forfeiture, be made by registered letter sent within 8 days of delivery of the goods or provision of the services.

 

5. The buyer shall collect the goods from our sales outlets or from the lorry at the building site or at their home. In the event of delivery to the building site or to the buyer’s home, the unloading point must be accessible by road. The buyer shall therefore ensure that FACQ SA’s vehicles can manoeuvre easily both on access roads and at the unloading and parking areas. Unloading shall take place at the foot of the lorry. Should the buyer ask the FACQ SA driver to leave the public highway and use unsuitable land or paths with their vehicle, the buyer shall be liable for any damage the vehicle may cause and for any damage to the FACQ vehicle and the goods being transported. The buyer releases FACQ SA from all liability and undertakes to indemnify FACQ SA against any third-party claims against FACQ SA, whether for damages, fines or any other potential consequences.

 

6. Returns: Returns will only be accepted with our written authorisation. Furthermore, they will only be accepted if they are tracked stock items, do not contain electrical or electronic circuits, and are returned in perfect condition in their original packaging within a maximum of 90 days. These returns will be credited provided that the purchaser specifies the number and date of the original invoice and subject to the following financial conditions:

  • In full for stock-tracked products returned within 30 calendar days 
  • A 5% reduction on the invoiced value for stock-tracked products returned after 30 days and before 90 calendar days.
    No returns will be accepted after 90 calendar days.

 

7. We reserve the right to invoice for goods as and when they are delivered, even if these are partial deliveries. In the case of a sale involving the placement of goods, we reserve the right to invoice.

 

8. Unless otherwise agreed in writing, all our invoices are payable in cash at the seller’s head office.
 


9. Failure to pay an invoice by the due date shall automatically, without the need for formal notice, render all outstanding amounts immediately payable, regardless of any payment terms previously agreed, and shall entitle us to suspend the performance of our obligations or to terminate the current contract(s) without being liable to pay any compensation.

 

10. Any delay in payment shall give rise to interest on arrears from the due date, without the need for formal notice, at an interest rate of 12%. In addition, the invoice shall be increased by a fixed penalty equal to 15% of the outstanding amount, subject to a minimum of 50 euros per invoice.

 

11. Retention of title: The goods supplied remain our property until the buyer has paid the relevant invoice in full. In the event of non-payment within the specified time limit, we reserve the right to reclaim the goods supplied, at the buyer’s expense and without prejudice to the provisions of these terms and conditions of sale relating to payment.

 

12. As security for the repayment of all sums owed by the Buyer to FACQ SA in respect of all present and/or future claims, the Buyer pledges to FACQ SA, which accepts them, all present and future claims, on whatever grounds, that the Buyer has against third parties and/or FACQ SA. To this end, FACQ SA is authorised to notify the buyer’s debtors of this pledge at any time and to take all necessary steps to render this pledge enforceable against third parties. The buyer undertakes, at the request of FACQ SA, to provide all information and documents relating to these claims. Upon notification or acknowledgement of the pledge by the debtor, FACQ SA shall be entitled to realise the pledge in a lawful manner in order to recover the amounts owed to it. As additional security, the buyer pledges to FACQ all tangible and intangible movable property, present and future, belonging to its business, including goods delivered or to be delivered by FACQ.

 

13. Any disputes shall fall within the exclusive jurisdiction of the Justice of the Peace of the Second Canton of Brussels and the courts of Brussels. The contract of sale is governed by Belgian law.