Terms and conditions
1. Applicability of the general terms and conditions of sale and delivery
1.1. Unless expressly agreed otherwise, every agreement with our customers is subject to the present general terms and conditions, so that any general terms and conditions of the customer shall not apply.
1.2. The information contained in our offers, price lists and catalogues is provided for information purposes only and shall in no way be binding upon us, neither with regard to price nor to technical specifications.
1.3. Orders shall only be binding after an order confirmation has been issued by an authorised corporate body. We reserve the right to refuse any order.
1.4. We reserve the right to modify the design of the equipment after the order in order to implement any useful improvements.
1.5. After confirmation of the order by the seller and its approval by the buyer, it may no longer be modified or cancelled, except under the conditions determined by the seller.
2. Prices
2.1. All our quotations are provided for guidance only. They relate exclusively to the works and deliveries expressly and formally described, as stated in our order confirmations. Any additional works and deliveries, of whatever nature, shall be charged separately to the buyer/client. These general terms and conditions of sale shall also apply to orders for additional works and deliveries. The execution of such additional works and deliveries may only be required subject to a prior separate written agreement between the parties.
2.2. Our prices are net prices, ex works and excluding installation. These prices may be changed at any time without prior notice.
2.3. All our quotations are only valid if signed and returned within 30 days from the date of dispatch.
3. Delivery
3.1. Unless otherwise agreed, all deliveries shall be ex works from the place of origin.
3.2. All risks affecting the goods shall pass upon delivery of all goods to the carrier, even in the case of carriage paid. The risk of the goods sold shall remain with the buyer from the time and place of collection or dispatch, even if transport is arranged wholly or partly by the seller.
3.3. The goods are delivered in accordance with the order. We cannot be held liable for any damage caused by the fault of the buyer as a result of incorrect design, incorrect installation or improper use.
3.4. Any delivery or execution times stated by us are approximate and given for information purposes only and shall run from the written acceptance of the order. They shall never give rise to termination of contract or compensation if we are unable to deliver on time for any reason, unless expressly agreed otherwise.
3.5. The seller reserves the right to make partial deliveries.
3.6. Any complaints regarding visible defects, missing goods or non-conformity must be reported within 24 hours after delivery. Any other complaints must be submitted in writing no later than eight days after receipt of the products, failing which they shall no longer be accepted.
4. Warranty
4.1. The conformity of the delivered goods shall be determined according to their condition at the time of transfer of risk.
4.2. Any visible defects relating to surface treatment must be reported in writing no later than 48 hours after delivery or collection. We cannot be held liable for defects relating to surface treatment.
Langendam 29A1 — 9940 Sleidinge, Belgium — +32 (0)9 232 11 63 — info@husck.eu
btw BE0437186720 — bank IBAN BE53 7374 1817 7753 www.husck.eu
4.3. The buyer may only rely on hidden defects which become apparent within six months from receipt of the goods, provided that the seller is notified by letter or email within eight days from the discovery of the defect.
4.4. Our products are warranted against operational defects resulting from manufacturing or material faults for a period determined per product or, in the absence thereof, for a period of 2 years from delivery.
4.5. Ied4.5. Any device under warranty that proves defective must be returned to us carriage paid, stating the number and date of the delivery note or invoice. Repairs under warranty shall only be carried out in our warehouses and subject to acceptance of the warranty. Upon request, a repair under warranty may be carried out on site; in that case, travel costs shall always be charged.er apparaat onder waarborg dat defect blijkt, moet aan ons franco teruggezonden worden met vermelding van nummer en datum van de leveringsnota of factuur. Herstellingen onder waarborg worden enkel in onze magazijnen uitgevoerd en dit na aanvaarding van de waarborg. Op aanvraag kan een herstelling onder waarborg eventueel op de werf gebeuren, in dit geval zullen de verplaatsingskosten steeds in rekening gebracht worden.
4.6. It is expressly agreed that, in the event of a construction defect, our liability shall be limited to replacement or credit of the goods.
4.8. The seller provides no warranty for works not carried out by its own services, including galvanisation, metallisation and coating. If the customer requires a warranty certificate for such works, this must be requested in advance so that the seller can forward the request to the competent company.
5. Liability
5.1. Indirect damage resulting from a defect is not covered, nor is damage resulting from maintenance or repair under a warranty obligation.
5.2. Any damage caused by the fault of the injured party or of the person for whom the injured party is responsible, whether or not in conjunction with a product defect, is excluded.
5.3. The seller’s liability for the goods supplied shall at all times be limited to the invoiced value of the goods.
5.4. In the event of necessary modifications or reconstruction, the seller shall only be responsible for the performance it has supplied and no compensation may be claimed for transport or installation by the customer.
5.5. In the event of resale by a customer, the buyer shall limit its liability towards its own customers, for damage resulting from the supplied goods, to the value of the delivery.
6. Payment
6.1. Unless otherwise agreed, payment terms are “within 30 days from invoice date”, without discount. We reserve the right, without stating any reason, to require advance payment of part or all of the price prior to dispatch of the products.
6.2. Any complaints must be submitted by registered letter within 8 days from the invoice date in order to be taken into consideration. After this period, all data and conditions stated on the invoice shall be deemed expressly accepted.
6.3. The goods shall remain the property of the seller until full payment of the price, even if the goods have already been installed by an installer. However, the risk relating to the goods shall pass at the time of delivery.
6.4. In the event of any deterioration in the financial situation of the customer or non-payment of an invoice, we shall have the right to terminate the agreement, demand guarantees and/or suspend any remaining deliveries, without any formality and without prejudice to all our rights. In the event of non-payment of a due amount, all other amounts not yet due shall become immediately payable.
6.5. Failure to pay by the due date of the invoice shall automatically and without prior notice result in default interest at a rate of 12% per annum. Failure to pay by the due date shall, under the same conditions, also result in the payment of a fixed compensation equal to 15% of the unpaid invoice amount, with a minimum of EUR 100.00.
Langendam 29A1 — 9940 Sleidinge, Belgium — +32 (0)9 232 11 63 — info@husck.eu
btw BE0437186720 — bank IBAN BE53 7374 1817 7753 www.husck.eu
7. Application of the terms and conditions of sale
7.1. In the event of disputes, only the courts of Ghent shall have jurisdiction.
8. Privacy statement
8.1. Personal data are processed by AV Mekaniek BV (Husck), Langendam 29A1 – 9940 Sleidinge, for customer management based on the contractual relationship resulting from your order/purchase and for direct marketing (to offer new products or services) based on our legitimate interest to undertake business. If you do not wish us to process your data for direct marketing purposes, you can notify us via info@husck.eu. Through this address, you may also request access to your data, request correction or deletion, or request data transfer. If you disagree with the way we process your data, you may contact the Data Protection Authority (Drukpersstraat 35, 1000 Brussels). A more detailed overview of our data processing policy can be found at www.husck.eu.