Article 1 These terms and conditions apply to quotes and contracts for the sale and delivery of products and services by Tecmate and to payments to Tecmate. The customer is supposed to have accepted them when placing the order. Deviations from these terms and conditions of sale, even those mentioned on documents provided by the customer, are only enforceable if they have been confirmed by us in writing. Even then these General Terms and Conditions of Sale remain in force for all other areas.
Article 2 Our quotes are for information only. Prices shown in price lists are indications and subject to change. If our expenses rise due to changed exchange rate prices or raw material prices or any government measures here or abroad between the time of the customer’s order, our order confirmation and the time of execution, we shall be entitled to charge the price increase to the buyer, provided that this does not push up the originally agreed price by more than 25%. If this is the case, the buyer is given the opportunity to cancel the sale without the possibility of making any type of claim.
Article 3 Unless agreed otherwise in writing, our images, manuals, leaflets, weights and other information provided by us are only an approximate description of our products. Any deviations of any kind can never be invoked by the buyer to refuse delivery or payment or to cancel the sale or claim damages. Unless otherwise agreed in writing, we shall never be held liable if our products prove unsuitable for the buyer or consumer’s special purposes.
Article 4 The lead times we provide are always an approximation and are never binding. Deliveries are always made from our warehouse in Tienen, unless otherwise agreed. The transport costs and possible damage to or loss of the goods during transport are at the buyer’s expense.
Article 5 All complaints shall be submitted to our Tienen office by registered letter within 14 days of delivery.
Article 6 Notwithstanding Article 1583 of the Civil Code, the goods shall remain our full property until the price has been paid in full (including the obligation resulting from extra expenses and interim price increases), even if the goods have become immovable because of installation or use. As long as the goods’ ownership has not transferred to the buyer, the buyer shall not pledge the goods, transfer their ownership or provide any other entitlement in terms of the goods to a third party. The buyer shall therefore in no way dispose of the goods. The buyer undertakes to maintain the equipment adequately and keep it at the disposal of the seller. Unless specifically provided otherwise, the risk for the entire or partial loss of the products and any associated consequential damage shall transfer to the client at delivery. The seller must insure the goods. In case of seizure, he or she shall present the contract containing this clause and immediately inform the seller.
Article 7 Unless otherwise agreed in writing, every invoice shall be paid within 30 days of the invoice date. Every amount that is not paid on the due date shall automatically yield an interest according to Article 5 of the Law of 2 August 2002 against late payments in commercial transactions. Every overdue amount that is not paid within 14 days shall be increased by a fixed fee of 10% of the unpaid amount and at least €125 to compensate for any out-of-court collection expenses, without prejudice to other fees and expenses payable to us if the payment is collected through legal proceedings.
Article 9 In the event of a dispute, only the Justice of the Peace Court of the 1st district in Leuven or the courts of Leuven are competent. Belgian Law is applicable.