I. SCOPE OF APPLICATIONThese general terms and conditions apply to all sales made by TSF Factory SRL.
If a customer places an order, this implies their express compliance with these general terms and conditions.
The same would apply if these general terms and conditions contradict their own general terms and conditions, unless we have expressly agreed to the latter in writing.
II. PAYMENT AND PAYMENT TERMS
2.1. PriceUnless stipulated otherwise, all our prices are exclusive of VAT.
Products, services and works sold are always invoiced based on the rates in force at the time the order was concluded or placed.
2.2. PaymentInvoices are payable on the due date indicated on the invoice.
Payment is made in euros, at our head office or to one of our bank accounts, which are indicated on the invoices.
Any approved discounts appearing on the invoice are only valid if the full invoice amount is paid before the due date. If applicable, an additional invoice cancelling the approved discounts on the invoice, or the tiered quote of 5% per month overdue, will be owed by the customer.
In the event of non-payment of any invoice by the due date, the interest rate established in accordance with the Law of 2 August 2002 concerning the fight against late payments in commercial matters shall be applied, with no prior formal notice, from the due date of the invoice. In addition, if an invoice remains unpaid for more than 15 days after its due date, said invoice shall be automatically increased by a fixed amount of 10% of the amount due, with a minimum of €75.00 per invoice. In this case, we reserve the right to terminate any commercial relationship with the customer until all the amounts due have been paid in full.
Similarly, the customer may apply the same penalties in the event that invoices payable to the customer are due.
III. CLAIMSUnless stipulated otherwise, any claim relating to an invoice must be made in writing and by registered letter within 7 days of its receipt.
It must indicate the precise reasons for the compliant. Failing this, it shall not be taken into account and the invoice shall be considered as definitively accepted.
Acceptance of the products and equipment by the customer or their agents has the effect of covering any apparent defect which may be observed at the time of delivery.
Any notification of a hidden defect in the products delivered must be sent within 15 days of discovery of these defects by the customer or from the time when said defect may reasonably be discovered. In this case, we shall limit our warranty to the replacement of the defective product, to the exclusion of any other damages and fees.
The guarantee concerning hidden defects cannot be invoked after more than one year from the delivery of the product.
IV. TITLE RETENTION CLAUSEIn the event of a sale, and by way of derogation from Article 1583 of the Civil Code, the equipment delivered remains our property until full payment has been received.
The buyer agrees to take any necessary measures to maintain the merchandise and to make it available to us.
In the event of seizure, bankruptcy or any situation giving rise to competition, the buyer agrees to declare this clause and to advise us immediately.
V. SUBCONTRACTINGWe reserve the right to subcontract all or part of the execution of the contract to a third party, without prior written approval from the customer.
VI. TERMINATIONOnce a formal notice remains unsuccessful for 15 days, each of the parties shall have the right to legally terminate the agreement, assuming the other party remains in default of all or some of its obligations.
In the event of a unilateral termination of any order by the customer more than 10 days after the order has been placed, the customer shall be liable for compensation equal to 30% of the value of the order, excluding VAT.
VII. WARRANTYThe warranty on the merchandise is exclusively limited to merchandise from the manufacturer. It does not apply if the merchandise has been altered in any way.
Replacement or repair does not extend the initial duration of the warranty. The use of the merchandise may not give rise to any compensation, even if there have been direct or indirect damages, accidents affecting individuals or property, lost profits, lost earnings, or damage to, or loss of, data.
The purchase of second-hand equipment implies the waiver of all warranties by the customer.
VIII. APPLICABLE LAW AND COMPETENT COURTSThese general terms and conditions are governed by Belgian law.
Any dispute concerning the formation, execution and interpretation of these general terms and conditions and the agreements made between the parties is subject to the exclusive competence of the courts of Liège.