GENERAL SALES CONDITIONS
1. APPLICATION
The present general conditions are to be applied to all our sales, to the exclusion of any other condition that may be stipulated by the buyer, except in the case where we have a signed derogation for this purpose.
2. SUPPLY TERMS
The delivery terms shown are only for indicative purposes and are not guaranteed. If the case should arise that the delivery terms are not met this does not give the buyer any right to cancel his or her order, or any right to claim for damages.
3. PRICE AND DELIVERY
Except where it has been previously agreed, our prices are subject to revision, even after an order has been confirmed, in the following cases:
a) Following a rise in exchange rates, taxes, customs duties, salaries and other employment-related costs.
b) Following a rise in our suppliers' prices.
Our goods are sold “direct from the warehouse” and are transported at the consignee's risk. It is the duty of the consignee therefore to verify the state of the merchandise when it is received and make it known if he or she has reason to bring a complaint against the carrier.
4. GUARANTEE
Except in cases of abnormal usage, any apparatus returned within a period of one year from the date it was delivered and subsequently found to be faulty will be repaired or replaced under our conditions, at no cost to the client other than for carriage. This guarantee is valid as long as the apparatus has not exceeded the number of operations stipulated by the manufacturer. In the case where this may be contested, we reserve the right to refer the disputed matter to the manufacturer.
5. ACCIDENT - INSURANCE
It is expressly agreed that we are not held to pay any compensation to the buyer, nor to third parties, for accidents sustained by persons or damages to goods other than those which form the object of the contract or any subsequent loss of profit caused by:
- Any defective behaviour whatsoever of the equipment.
- Any incorrect information conveyed by our services.
- Any delay in delivery.
- The buyer guarantees us against any third parties.
6. PAYMENT
Except where specifically set out in a clause, all invoices sent by us are to be paid to company head office within 30 days from the end of the month in which the invoice is written. The full amount must be paid. Any delay in payment will mean that we can rightfully and without delay charge interest for this late payment at a rate of 1% per month until full payment has been received, with each month started counting as a whole month, in addition to a fixed fee for the delayed payment of 10% of the total amount of the invoice, with a minimum of 125,00 Eur incurred for damages. When a specific payment term has been granted, a default in the payment of an invoice within one of the payment terms set out by convention will render the whole amount payable, whatever the due date may be. The issue or acceptance of bills of exchange or of any other payment authorisation does not oblige DINEC INTERNATIONAL to make any novation. DINEC INTERNATIONAL, in addition to the recuperation of the amount which figures on the payment authorisation, reserves the right to claim incidental costs as set out by the present general conditions.
7. LIABILITY OF DINEC INTERNATIONAL
Dinec International does not accept any liability for any injury or damage whether direct, indirect, accidental or arising from the malfunction of its products. No liability can be attributed to Dinec International in the case of accidents occurring during or after installation.
8. The PLANS, LAYOUTS and PROTOTYPES that Dinec International sends to its clients remain the exclusive property of Dinec International and
must not in any case be passed on the third parties or copied.
9. DEPOSITS
In the case where the customer's order demands that Dinec International carries out scheduled services or has to invest in equipment, a deposit of 30% of the total amount of the order is stipulated by Dinec International from the buyer and is payable at the time of the order.
10. All of our sales agreements are governed by Belgian law. Any dispute shall come under the jurisdiction of the judicial district of Nivelles. Dinec International S.A. reserves the right to apply to another competent court, in accordance with the Law. “Any dispute should be notified to us within a period of 8 days by registered letter”.