Terms and conditions
ACCEPTANCE OF SALES TERMS.
The terms & conditions in this document apply to all negotiations, offers, orders and sales contracts. Our conditions, repeated below, are accepted by all of our customers and our co-contracting parties, even in the event that they contradict their own terms & conditions. We are only bound by the latter if we have accepted then explicitly in writing. A verbal agreement from our delegates or staff members only renders us liable if this agreement has been confirmed in writing by a member of the management team.
The validity period of our proposals and quotes is 8 days, unless stated otherwise in writing.
The prices mentioned in our proposals are valid for 8 days. A down payment of 30% may be requested at the time of order. Recupel recycling fees and Auvibel copyright taxes are not included in the price.
Our delivery and execution timeframes are provided by way of information. We can, if necessary, extend execution or delivery timeframes if the customer is late in paying. If, after signing the order, additional work or modifications are requested, the stipulations concerning the initial timeframe become null and void. We reserve the right to make partial deliveries involving partial sales. All purchases are transported at the customer’s risk, regardless of the form of transport. In the event of delivery errors and DOA (Dead On Arrival), we must be informed in writing within 8 working days. Special manufacturing orders and orders for several copies of the same item will not be taken back in any circumstances.
In the event of force majeure, we shall be released of any liability for any total or partial non-fulfilment of our obligations. The following in particular are considered as events of force majeure: strike, lock-out, fire, flood, bad weather, earthquake, shortage of transport means, machine failure, etc.
AYMENT OF INVOICES.
Unless otherwise stipulated by contract, invoices are to be paid upon reception..
NON-PAYMENT OF INVOICES.
Sending an invoice is the equivalent of formal notice to pay. Any invoice that is not paid at its due date will automatically be subject to 2% interest per month until it has been fully paid. Any invoice that remains unpaid at its due date is automatically, without formal notice, marked up by 20% with a minimum amount of 50 euros for damages and interest. Orders and interventions, even under warranty, and deliveries in progress may be automatically suspended until all overdue unpaid invoices have been paid.
Non-payment of an invoice at its due date automatically makes the balance of all other invoices payable, even those that are not overdue.
Notwithstanding articles 1138 and 1583 of the Belgian civil code, FLAG 2000 sprl remains the owner, until the day of full payment and/or interests and/or fixed allowance. The buyer hereby assigns to the seller all sums owed by third parties. The buyer releases the seller from all formalities of service and shall bear any relating costs. In addition, the buyer authorises the seller to take back the material at any time and from any place. If necessary, the buyer authorises the seller to enter his premises. The buyer undertakes to keep this material in good condition until full payment is made.
All complaints must be sent to us within 8 days of delivery.
The warranty only concerns hardware and its assembly. None of the programs supplied, or not, with the equipment are covered by the warranty and cannot give rise to any claim whatsoever regarding any consequences as to its use, either total or partial. The user shall, at his own cost and risk, regularly backup his data. In the event of a failure or malfunction, the hardware shall be returned to us, in its full original packaging, along with the software and manual. No loss of data by the user is covered by any of our warranties. The customer must back up his data before any intervention from our part. Our goods are guaranteed for one year against any manufacturing defect. Consumables are guaranteed for three months. Unless otherwise stated, screens are guaranteed for three years from the date of manufacture. For visible defects, the warranty is exempt as soon as the goods are accepted. For latent defects, the warranty is only valid if a written complaint is made within 5 days of delivery. Repairs will be undertaken free of charge as long as the material is under warranty and repaired by our technical division or by a local service appointed by us. Repairs will be made in our workshops or, in the majority of cases, on site by one of our technicians. Repairs and replacements resulting from misuse of the goods (not complying with recommendations in the instruction booklet), negligence or poor maintenance, any handling or use not included in the technical recommendations, any replacement or repair of parts or components by people who are not authorised or appointed by us, are not covered by the warranty. If a credit note has to be made following a return, it will take into consideration the current market prices. If the buyer completely or partially cancels his order, we are within our rights to ask for a fixed allowance, equal to 30% of the cancelled order, without any obligation from our part to pay damages, with a minimum amount of 37.5 euros. We cannot be held liable for software and/or hardware that has not been developed by us. Only the hardware manufacturers and software developers can guarantee the compatibility of their products with the switch to the year 2000.
Any dispute or complaint will be handled exclusively by the courts of Namur which apply Belgian law.