General sales conditions
1. APPLICABILITY AND DEVIATIONS
The seller's general terms and conditions of sale shall apply exclusively to all quotations, orders, and concluded agreements, to the exclusion of all other general terms and conditions. The customer shall be deemed to have accepted them by placing an order. Deviations from these terms and conditions, even if stated on documents issued by the customer or our representatives, are only binding upon us if confirmed in writing. Even in such cases, these general conditions remain valid for all other provisions.
2. QUOTATION AND ORDER CONFIRMATION
Unless stated otherwise in writing, our quotations are for informational purposes only. Any order placed by the customer is binding for the customer, but only binds us upon written confirmation. Any discrepancies or alleged inaccuracies in our order confirmation must, under penalty of forfeiture, be communicated in writing within 8 days of the confirmation date.
3. SAMPLES, DESCRIPTIONS, ETC.
Unless explicitly agreed otherwise in writing, our samples, documentation, and other information serve only as approximate descriptions of our products. Any deviations of whatever nature may not be invoked by the buyer to refuse acceptance or payment, or to claim termination or compensation.
Furthermore, unless otherwise agreed in writing, we shall never be held liable for the unsuitability of our products for the purposes intended by the buyer or their customer.
4. DELIVERY TERM
Unless agreed otherwise in writing, our indicated delivery terms are always approximate and never binding.
Even if a binding delivery term with penalty has been agreed, we shall retain the right, in the case of extraordinary circumstances such as war, threat of war, unrest, fire or other destruction, full or partial transportation disruptions, employee illness, general labour shortages, strikes, operational failure, production issues, supplier default, etc. (non-exhaustive list), to either suspend delivery until such conditions cease, and then deliver within the agreed term, or to cancel the sale entirely. In neither case shall the buyer be entitled to any form of compensation.
5. TRANSPORT, RISK, AND ACCEPTANCE
Transport costs are not included in the product prices and are stated separately on the invoice. Goods are always shipped at the buyer’s risk.
Unless otherwise agreed in writing, the purchased goods must be collected no later than 14 days after notification of availability. If not collected within this or another specifically agreed period, we may, without prior notice of default, either invoice the goods and demand payment, or consider the sale automatically dissolved.
In the first case, the goods will be stored at the buyer’s risk and expense (either with us or a third party), and all resulting costs will be charged to the buyer. In the second case, the buyer owes a fixed, non-reducible indemnity of 30% of the sale amount.
6. RETENTION OF TITLE
We retain ownership of the delivered goods until full payment of the agreed price, including any additional charges, interest, or penalties, has been made, even if the goods have been processed. The buyer may not dispose of the unpaid goods in any way, including but not limited to pledging them or transferring ownership.
7. SECURITY AND SUSPENSION OF DELIVERY
Regardless of agreed payment terms, we reserve the right to demand a bank guarantee for the buyer’s payment obligations at any time prior to or during delivery.
Until such guarantee is provided, we may suspend all further deliveries. The same applies if the buyer has not fulfilled payment obligations for previous deliveries.
8. WARRANTY AND COMPLAINTS
To be admissible, all complaints must be sent to our office by registered letter within 14 days of delivery.
However, any warranty will lapse in the following cases: visible defects if the goods have already been processed, hidden defects if the usage instructions were not followed, or if the goods were improperly handled.
If a complaint is found to be valid, our obligation is limited to repair and/or replacement of the defective goods only. No further liability or compensation shall be due.
9. WARRANTY AND RESALE
In the event of resale, the buyer is obliged to impose our general and specific warranty conditions on their own customers.
In any case, the buyer shall indemnify us against any claims from their customers that exceed the buyer’s own possible claims against us.
10. RENTAL CONDITIONS
By using the rented equipment, the lessee automatically accepts these rental conditions.
The equipment is collected and returned by the lessee at their sole risk. At the lessee’s request and risk, the lessor may handle transport or appoint a third party for this.
The equipment is deemed to leave the lessor’s premises in good condition and must be returned in the same clean and fully functional condition.
Rental begins on the day the equipment leaves the lessor’s premises. Rental prices are based on 8-hour working days. If the equipment is used for more than 8 hours per day, the lessee must immediately inform the lessor. The surplus hours will be invoiced proportionally. In the absence of notification, the rental price will be automatically doubled from the invoice start date.
The lessee must notify the lessor every 100 working hours for maintenance and provide time and location details. Consumables such as filters, diamond segments, dust bags, blades, etc., are at the lessee's expense.
The lessor must be immediately informed of any defects. Repairs may only be carried out by the lessor and are at the lessee’s expense.
The lessee shall handle the equipment with due care and is fully responsible for it at all times and locations. The lessee is liable for all damages to the equipment or caused by it to third parties. The lessee undertakes to insure the equipment against third-party liability, loss, theft, fire, water damage, etc., from the time it leaves the lessor's premises until its return.
The lessor is never liable for damages to the lessee or third parties due to malfunctioning of the equipment or otherwise.
Subletting is strictly prohibited. The lessee must keep the lessor informed of the equipment’s location for inspection at any time.
Maintenance or inspections by the lessor do not reduce the lessee’s responsibilities.
The lessor reserves the right to repossess the equipment at any time with notice and valid reason (e.g., insolvency, poor maintenance).
The rental ends only after the lessee confirms by phone and same-day written notice. Equipment is returned upon issuance of a return receipt signed and dated by the lessor. This is the only valid proof of return.
Non-compliance with these obligations results in a fixed indemnity of 20% of the equipment's value.
11. PRICES
All our offers are non-binding. Prices are exclusive of VAT.
If, between our order confirmation and execution — even if beyond the agreed delivery term and not due to gross negligence by our management — our costs increase due to exchange rate changes, wage increases, raw material price increases, or government measures (domestic or foreign), we are entitled to pass on the increase, provided it does not exceed 25% of the original price.
If the increase exceeds 25%, the buyer may cancel the sale, without the right to any compensation.
12. PAYMENT
Unless agreed otherwise in writing, all invoices are payable, including VAT, at our registered office, net and without discount, within 30 days of the invoice date.
If delivery occurs in multiple parts, each part will be invoiced separately.
Failure to pay a single accepted draft by the due date renders all outstanding amounts immediately due and payable.
Payment obligations are not suspended by filing a complaint, even if well-founded.
13. DEFAULT
Any unpaid amount due will automatically bear interest at 10% annually.
In addition, each overdue amount shall be increased by a fixed, non-reducible indemnity of 10% of the invoice amount, with a minimum of €50.
14. TERMINATION
The stipulations in Article 13 do not waive our right to terminate the agreement and claim damages in the event of non-payment.
If a sale is wholly or partially cancelled due to any fault or default of the buyer, the buyer shall owe us a fixed and non-reducible compensation equal to 30% of the cancelled sale amount, in addition to reimbursement of any costs incurred to recover and restore the goods.
15. JURISDICTION
All disputes arising from this agreement fall under the exclusive jurisdiction of the Courts of Antwerp.