General terms and conditions of sale2023-06-22T13:38:35+01:00

GENERAL TERMS AND CONDITIONS OF SALE

By placing an order, the buyer expressly accepts the following general sales conditions, which may not be deviated from except by an explicit written agreement.

1. Orders

Offers are communicated without any commitment on the part of the seller.

To legally bind the seller, every sale must be subject to a written confirmation of sale by the seller.

2. Price – Payments

a) The price of the goods, excluding duties and taxes, is fixed at the time of the written order confirmation. The price cannot be increased except for reasons independent of the seller’s will.

b) The goods are payable in cash at the seller’s registered office, at the time of delivery, unless explicitly agreed otherwise. Failing this, the balance shall, by law and without notice of default, bear interest of 1% per month from the due date. In such a case, flat-rate compensation of 10% on the amount still due with a minimum of €100 per invoice shall also be payable.

c) The goods remain the property of the seller until full payment of the agreed price.

d) In the event of non-payment within the agreed period, the seller may dissolve the contract as of right to the detriment of the buyer. In that case, the buyer will owe the seller a lump-sum compensation of 30% of the agreed price excluding taxes and duties.

3. Delivery

a) Delivery times are only approximations and are never strict. The delivery date is the one indicated on the front of the order form. However, if a delivery period is stated there, it starts on the day of the written order confirmation. If the delivery date or period is not observed, the buyer shall not be entitled to compensation but, on the other hand, the buyer may cancel the sale in the absence of delivery within a new period following the sending of a formal notice by registered letter with acknowledgement of receipt.
– This new period will be 30 calendar days if the original delivery period agreed is less than or equal to 2 months.
– This new period is half the period originally agreed upon, where this original period exceeded two months.

b) The delivery of the goods shall take place at the seller’s registered office, unless otherwise agreed in writing. Any modification that the buyer wishes to make to the order he has placed, will result in the original delivery period lapsing and being replaced by a new period of the same duration as the original one.

c) If the buyer does not accept the goods within 10 calendar days of sending a formal notice by registered letter, the seller is entitled to rescind the sale and claim compensation of 40% of the agreed price, excluding taxes and duties.

4. Transport, delivery and complaints

4.1. The goods, even if sent carriage paid, always travel at the sole risk of the customer consignee. The seller is not a principal.

4.2. Complaints are only admissible if submitted by registered letter within eight days of receipt of the goods. The warranty for visible defects expires after that period.

4.3. The right to warranty lapses if the customer uses the goods notwithstanding that he has protested or refused these goods.

4.4. Complaints regarding the hidden defects of the delivered goods must be reported in writing by the buyer to the seller within eight days of becoming aware of them. The warranty for hidden defects is also limited to 6 months after delivery of the goods, and cannot be invoked by the buyer after this period under any circumstances.

5. Warranty

5.1. The warranty is limited, at the discretion of the buyer, either to replacement of the goods or repair of the goods recognised as defective. Unless proven fault of the seller himself, any damage suffered, including loss of use, is formally excluded from the contractual warranty.

The warranty is granted only in case of a rational attitude, correct use and normal maintenance of the equipment, which must be evidenced by the inspection report or maintenance booklet.

5.2. The warranty does not apply to replacements and repairs resulting from normal wear and tear or to damage caused by external factors (damage or accidents due to inattention or neglect, incorrect supervision, maintenance or use of the equipment).

The customer-buyer shall use the battery in accordance with the guidelines given by the manufacturer or by the seller and communicated to him at the latest at the time of delivery or at the request of the buyer. In the absence of such request, the buyer will be deemed to have perfect knowledge of the

operating guidelines for the material supplied.

These guidelines imply that the buyer:

– will not discharge the battery more than 300 times per year;
– will not dismantle the battery himself, repair it or have it repaired without the seller’s written agreement;
– will rely exclusively on the seller for all repairs or delivery of spare parts;
– will maintain a monthly inspection record or maintenance log to be submitted in case of warranty claim;
– will allow a battery examination at the first request of the seller at any reasonable hour and, in any case, the works on-site by the seller’s staff (work, assembly, disassembly of batteries) and provide, without payment, the electrical energy necessary.

6. Jurisdiction – Applicable law

Any dispute regarding the formation, execution or interpretation of the purchase agreement will be governed by Belgian law and the courts of the judicial district in which the seller’s registered office is located will have exclusive jurisdiction.

Privacy and conditions: for more info and to exercise your rights,

we refer you to the website https://batterysupplies.be/en/

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