General terms and conditions of sale
1. Unless otherwise expressly agreed, all our services and deliveries are governed by the present general terms and conditions of sale which supersede any of the buyer’s terms of business. By issuing an order form and accepting delivery of the goods or the performance of services, the buyer expressly and explicitly confirms acceptance of the present terms and conditions.
They shall also apply to any subsequent services and deliveries ordered by the buyer even if they do not refer to our general terms and conditions of sale. The nullity of one or more clauses shall not entail the nullity of the present terms and conditions as a whole or of the contract.
2. Orders are final when they have been confirmed in writing and have been signed by our firm’s authorised person. Except as otherwise expressly provided, contracts are deemed to have been concluded at the seller’s registered office. Our firm shall be released from all liability for non-performance in cases of force majeure, strike, lockout, etc. The buyer’s specifications as regards quality, quantity and method of implementation must be clearly stated on the order form and on no account is the buyer permitted to amend or scale up the order form on the basis of external considerations or documents. If the buyer cancels the order prior to delivery of the good(s) and insofar as the cancellation has been expressly accepted by the seller, the deposit will not be refunded in full or shall remain payable by the buyer if it remains outstanding. Furthermore, a charge of 20 % of the value of any good(s) ordered that do not form part of our regular stock will be passed on to the buyer by way of cancellation fee. Both these amounts will also be due if the seller cancels the order because the buyer has failed to meet his obligations.
3. Delivery lead times are indicative only. Delays in delivery cannot give rise to claims for damages or the rescission of the contract.
4. The goods are deemed to have been approved in our warehouses. The goods are covered by warranty against manufacturing defects. Any part that is recognised to be faulty will be replaced but our liability is limited to the mere replacement of the damaged part. On no account will the buyer be entitled to a refund, damages, or compensation, whatever the reason. On pain of nullity, complaints shall be made by registered post and within 8 days of the goods having been delivered or the services having been performed.
5. The buyer takes delivery of the goods in our warehouses or on the lorry at the site or place of domicile. In the event of delivery at the site or place of domicile, the place of unloading must be accessible via a roadway. The buyer shall ensure that the FACQ NV vehicles can manoeuvre easily on the access roads, the unloading points, and the parking spots. Unloading will take place at lorry level. In cases where the buyer asks the FACQ NV driver to leave the roadway and drive his vehicle across unsuitable terrain or tracks, the buyer will be responsible for all the damage the FACQ vehicle may cause and for any damage to the FACQ vehicle and the goods on board. The buyer releases FACQ NV from any and all responsibility and undertakes to indemnify FACQ NV against any claims third parties may institute against FACQ, whether for damages, fines, or any other possible consequences.
6. Returns are at all times subject to our explicit and written consent. Furthermore, goods can be taken back only if they form part of our regular stock, if they are not composed or electrical or electronic cables, and provided they are returned in mint condition and in their original packaging. These returns will be credited with a discount of 20 % and on condition that the buyer provides the number and date of the original invoice.
7. We reserve the right to invoice for the goods as they are delivered, even in the case of partial deliveries. Where the sale includes fitting, we reserve the right to invoice for the goods and to demand payment of the invoice before the goods in question are delivered and fitted.
8. Except as otherwise agreed in writing, all our invoices are payable at our registered office.
9. The failure to pay any one invoice by its due date shall automatically, without any formal notice being required, render all other amounts outstanding immediately payable, irrespective of the payment terms. In that case we also entitled to suspend or terminate the contract(s) without being liable for compensation.
10. Late payments will invariably be subject to default interest at the rate of 12 % as of the due date, without any formal notice being required. In addition, the invoices in question will automatically be increased by a sum equal to 15 % of the amount outstanding with a minimum of 50 EURO by way of flat-rate compensation.
11. Retention of title: the goods delivered remain our property until the buyer has settled the relevant invoice in full. In the event of non-payment by the due date, we reserve the right to take back the goods at the buyer’s expense and without prejudice to the default-related provisions applicable in virtue of these terms and conditions of sale.
12. By way of surety for the payment of any amounts the buyer may owe FACQ NV by reason of current and/or future claims, the buyer hereby pledges any and all claims, present and future, the buyer may have against third parties and/or FACQ NV, on whatever grounds, in favour of FACQ NV, who accepts. To this end, FACQ NV shall at all times be entitled to notify the buyer’s debtors of this pledge and to do anything in its power to enforce this pledge against third parties. The buyer undertakes to supply FACQ NV with all the information and documents relating to these claims on request. Following notification to or acknowledgement of the pledge by the debtor, FACQ NV will be entitled to lawfully realise the pledge to cover the amounts it is owed. By way of additional surety, the buyer pledges all the tangible and intangible moveable goods that belong to his undertaking, including any goods delivered or to be delivered by FACQ, in favour of FACQ.
13. All disputes shall be exclusively settled by the courts of Brussels and, more specifically, by the Justice of the Peace Court of the Second Canton of Brussels. The contract of sale is governed by Belgian law.