GENERAL CONDITIONS OF SALE, DELIVERY AND PAYMENT - BATIVOLT (version 2021)
Important note: all the amounts indicated below are exclusive of value added tax (HTVA)
1. GENERAL
1.1. Application: Only the general conditions views are applicable in our commercial relations. The buyer is deemed to accept them by the sole fact of his order. Any exceptions, even appearing on the buyer's order form, do not apply unless we have agreed in writing. Even in this case, the conditions which remain apply for all the points to be proposed from which it has not been waived.
1.2. Jurisdiction of the courts: In the event of a dispute relating to contracts concluded by BATIVOLT, only Belgian law will apply. Any legal action must be brought before the courts of Ghent - Ghent division - or Antwerp - Antwerp division - and this at the choice of BATIVOLT.
2. PRICES, OFFERS AND ORDERS
2.1. Price: Our prices are net, excluding VAT. All taxes, duties and charges, and in particular the charges stipulated in the articles below, are the responsibility of the purchaser.
2.2. Offers / Estimate: The prices are binding only after written confirmation from us. The validity of offers is limited to 30 days, unless otherwise stated. Our price offers are obtained from the price of copper and the rates in effect at that time. We expressly reserve the right to adapt the prices to the copper price and to the prices in force on the day of the order.
2.3. Orders: The buyer irrevocably commits to his order. Our written confirmation constitutes a commitment on our part. BATIVOLT reserves the right at any time to partially execute, suspend or cancel the order without any compensation or recourse from the customer. At the customer's request, BATIVOLT reserves the right to cancel the order paid for with compensation determined by BATIVOLT.
3. DELIVERY
3.1. Risk: The goods always traveled at the risk and peril of the buyer, even if the delivery is made free by us.
3.2. Delivery times: Delivery times are given for information only and do not bind BATIVOLT. No compensation or cancellation of order can be claimed in the event of late delivery.
3.3. Shipping costs: Deliveries in Belgium over 300 EUR are free. Unless otherwise specified, any other delivery will be invoiced for a minimum transport cost of EUR 15.
3.4. Roadtax contribution: Any delivery of material without delivery of a job will be invoiced at 1.25 EUR / km.
3.5. Invoicing: Unless otherwise provided, invoicing will be established on the date the equipment is made available and the work begins. The conservation of the goods is at the risk of the purchaser as from their provision. BATIVOLT may cancel the order without any compensation in the event of non-collection or non-receipt by the buyer.
4. RETURN
4.1. The goods sold are neither taken back nor exchanged. Exceptions can be made with our prior written consent. In this case, a deduction for administrative costs of a minimum amount of 85 EUR will be made. The return must be free.
5. ENVIRONMENTAL CONTRIBUTION
5.1. An environmental contribution will be invoiced on the goods concerned and according to the scale in force of RECUPEL, PV CYCLE BELGIUM and any other approved organization. No discount can be granted on these contributions paid by BATIVOLT.
6. CLAIMS AND WARRANTY
6.1. Complaints: All complaints about the delivery, the delivered work or the invoice must, under penalty of invalidity, be submitted to us in writing within eight days of the date of receipt of the goods or receipt of the invoice, respectively. The goods which are the subject of a complaint must remain at our disposal for control; they will be considered as having been accepted by the customer if they are no longer identifiable or have already been implemented.
6.2. Guarantee: The guarantee of a delivered and installed product is limited to the manufacturer / brand guarantee and to the duration from the day of provision. Our liability is only limited to that of its installation. In any event, our liability is limited to the value of our labor. We will not be responsible for any direct or indirect damage whatsoever. In the event that any third party intervenes during or after our work, on work carried out by BATIVOLT, without supervision of a BATIVOLT manager and / or of a written agreement, the guarantee on the work carried out becomes void. BATIVOLT reserves the right to invoice any supervision and / or control to the customer.
6.3. Our advice and studies are for informational purposes, without any commitment or responsibility on our part.
7. REELS AND SPECIAL PACKAGING, CUTTING COSTS, TOLERANCE
7.1. All drums and special packaging (pallets, containers, etc.) remain our property and are made available to the customer free of charge for a period of 6 months from the date of delivery. After this period and in the absence of a return, they will be invoiced to the buyer. A credit note may be established in the event of a return within a maximum period of 12 months following the invoice date of the drum or special packaging. Any return remains the responsibility of the customer. Charges will be charged for any cable cut. The quantities delivered may differ by ± 5% from the quantities ordered without this fact being able to lead to a dispute on the part of the purchaser. The quantities invoiced are those actually delivered.
8. PAYMENTS
8.1. Payment deadlines: The deposit must be paid before the start of all work in order to validate the order of any parts and the reservation of one or more dates to carry out the work. The remaining balance due is to be paid on the last day of work or delivery unless otherwise provided for in the invoice. Unless otherwise specified, all invoices are payable by bank transfer or in cash. Failure to comply with a payment due date may result in the modification of all receivables - even unmatured - of the customer. In the event of non-payment, we reserve the right to terminate deliveries, services and services and to consider, as of right and without formal notice, the contract as terminated in its entirety or for the part which has not still been executed.
8.2. Interest: In the event of non-payment of the invoice within the fixed deadline, a conventional interest equal to 10% (for the outstanding balance, per week and cumulative), will be invoiced without any formal notice, from the date of 'due date of the invoice until the date of receipt of payment.
8.3. Compensation: In the event of non-payment of the invoice within the time limit set, its amount may be increased, automatically and without formal notice, by 15% with a minimum of EUR 75 and a maximum of EUR 5,000 as compensation. lump sum, by extrajudicial costs without prejudice to legal costs and default interest.
8.4. Imputation of payments: according to art. 1254 of the Civil Code.
9. RETENTION OF OWNERSHIP
9.1. The goods remain the property of BATIVOLT until full payment has been received.
10. REMUNERATION
10.1. The offsetting of debts and claims existing between the buyer and BATIVOLT occurs automatically.