General conditions of sale All our deliveries are subject to the conditions of sale described below. As seller is understood E.S.C. BV as buyer the customer.
1. Every buyer is deemed to have taken note of our general terms and conditions of sale and to have accepted the provisions thereof. Except for a deviation established in writing and explicitly accepted by us, the possible buyer renounces his own general purchase conditions by the fact that he sends us an order.
2. The delivery time is only an indication and is not binding. The buyer cannot assert any right to compensation, even demand the termination or dissolution of the contract if the estimated deadlines are not respected. The seller will make his deliveries as soon as possible, which may lead to partial deliveries.
3. The materials described in the offers are never binding and only apply insofar as the goods proposed are available at the time of order. The prices stated are exclusive of VAT and without deduction or discount, unless otherwise agreed.
4. In order to be valid, any complaint must be filed within 8 days of delivery by registered letter, otherwise it will be considered void and non-existent. The buyer must keep the goods or their defective elements for inspection or instructions from the seller for their return. Under no circumstances may the buyer return the goods to the seller without prior consent. Additional costs of urgent shipment are always at the expense of the buyer.
5. Unless expressly agreed otherwise, all invoices are payable in cash upon receipt or collection of the goods. The amount of the invoice must be paid net. The non-payment of a single invoice on its due date automatically entails the immediate claimability of all invoices that are not yet due.
6. Sending the invoice is considered as a formal notice of payment in good and valid form. In the event of non-payment, the balance still due shall become due and payable by operation of law and without further notice of default, in one instalment and immediately, and shall bear an interest of 2% per month. The seller shall also be entitled to claim an additional amount equal to 10% of the balance still due, with a minimum of € 50 by way of fixed compensation expressly agreed between the parties.
7. Contrary to article 1583 BW, E.S.C. BV remains the owner until the day of full payment in principal and/or interest and/or fixed compensation. The buyer hereby grants the seller the right to collect the delivered material at any time, wherever it may be. Insofar as necessary, the buyer authorises the seller to enter the places occupied by the buyer.
8. Specifications for repairs are calculated as accurately as possible but without any obligation on our part, unless the opposite is stated. The prices of the spare parts are given as an indication and will be calculated at the prices in force at the time of repair. Some parts that are still considered usable when dismantling or whose correct condition could not be noticed at first inspection, sometimes have to be replaced during the repair, the resulting additional costs will be charged to the buyer at the catalogue price.
9. The material delivered by the seller is guaranteed against all material defects and construction faults for a period of 1 year, unless otherwise agreed, counting from the day on which it was made available to the buyer. A similar guarantee is given for assembly errors if an installation has been assembled and put into operation by the seller. Repairs carried out after the warranty period are accepted when the system is put into operation. No additional guarantee can be accepted.
10. The vendor is under no circumstances responsible for damage resulting from insufficient maintenance, of both hardware and software, normal wear and tear, misuse of the equipment, lack of supervision, repair or modification carried out by a third party, as well as from accidental facts or by software not delivered and installed by the vendor or by other unknown cause.
11. Because of our capacity as an intermediary, the warranty for the goods supplied by us is limited to that determined by the manufacturer. The warranty does not apply if the appliance has not been used or maintained correctly or has even been partially revised, transformed, repaired or dismantled by persons external to E.S.C. BV. The warranty also does not apply if the damage is the result of the connection of the appliance in an environment that does not meet the technical specifications (temperature, humidity, corrosive or dusty atmosphere, variation of the electrical voltage, etc.). The warranty is limited to the repair or replacement of defective parts during the warranty period. The replaced parts must be returned to the seller’s warehouses. The repairs are carried out at the manufacturer’s and the shipping costs of the appliance as well as the reinstallation or replacement costs remain at the buyer’s expense, even during the warranty period.
12. No other compensation or indemnity of any kind can be charged to the seller. The warranty period shall not be extended in the event of repair or replacement of parts during the warranty period.
13. The granting of the guarantee presupposes that the software supplied has been used in accordance with the terms of the offer or, failing that, in accordance with the catalogues and manuals made available to the user. The purchaser is responsible for all consequential damages and any additional costs incurred by installing additional software on the installation. We cannot guarantee the successful acceptance of existing packages. The method of security and the possibility of reinstallation via the original software and keys is important here and is at the expense of the customer. Non-official software will be replaced by software with valid licenses at catalogue price.
14. The liability of the seller shall in any case not exceed 20% of the direct damage in the amount invoiced by the seller, with a maximum amount of € 2,500 per claim, even if the proven damage by third parties would be higher. In this case, the purchaser undertakes to indemnify us against all claims that may be brought against us by one or more third parties. Under no circumstances shall the seller be liable for indirect damage, such as, among other things, damage related to the loss of files, data, loss of profit as a result of carrying out work or for any other consequential damage.
15. The fact that the buyer was not allowed to receive our general terms and conditions of sale in his native language does not release him from their application.
16. This agreement is governed by Belgian law. Any dispute that may arise between the parties can only be settled by the court of Ghent for both national and international transactions.