QUALITY GROUND SUPPORT EQUIPMENT MADE IN BELGIUM
GENERAL TERMS OF SALE
1. The present general terms of sale are integrally applicable to each contract of sale with Daviation,with the exception of particulardivergent conditions agreed on in writing between Daviation and the client. By putting an order, the client agrees with these general terms of sale, which take priority of those of the client.
2. The client cannot consider as an offer: the forwarding of catalogues, price lists of price estimates. The conditions mentionned
in these catalogues, price lists, etc. can be modified anytime, this without previous notice.
3. All prices are calculated ‘ex warehouse’ Roeselare. Transportation costs, storage, insurance, etc. are not included, unless explicitely mentioned.
4. All orders confirmed by Daviation will – in principe – be carried out at the agreeed price. Hower, Daviation reserves the right to adjust the agreed price proportionally, incase the price of goods that Daviation purchases from third parties is subject to an increase.
5. Daviation reserves the right to carry out and to invoice every order partially.
6. Terms and/or dates of delivery are given only on an informative basis, meaning they are only indicative and not binding upon Daviation. In case deliveries or the execution of works are delayed, the client does not have the right
to break the contract, and is not entitled to any indemnification.
7. Goods travel at buyer’s risk, even if transport is paid by the seller.
If delivery is impossible because the buyer is absent at the settled date and place of delivery, the cost of a second transport
will be invoiced supplementary, and is to be paid at the due date of the principal amount.
8. Sold goods remain the exclusive property of Daviation, until the client has completely paid the agreed selling price. Right from the moment the goods leave the Daviation premises, the risk of loss, damage or destruction si chargeable to the buyer.
If, at due date, the agreed selling price is not paid. Daviation has the right to consider the contract as dissolved, this after previous
ineffectual formal notice, by means of an unilateral written statement of dissolution, and without any legal intervention required. Daviation is also entitled to an indemnification for the damage hereby sustained. In this case, the client is obliged to
return the goods at simple request. In default of this return within 48 hours. Daviation will be
allowed by right to take back the
goods. In the above-mentionned case, Daviation is also entitled to an indemnification for the
sustained loss. This stipulation acquires the force of explicit dissolution.
9. Complaints about non-conformity and visible failing of our deliveries and performances are to be put by registered mail by regular post within 48 hours after delivery, under penalty of late arrival. All other complaints must be put unter the same condition within 3 days by registered post mail.
The burden of proof of his complaints rests with the buyer.
If above-mentionned case occur, the recovery of debts remains claimable at due date. Protest against pour invoices must be entered by registered mail within 8 days from date of invoice. Shippingcost for damage during shipping is a buyers care.
10. The general terms of supply are applicable. Nevertheless there is a restriction of liability.
Daviation cannot be held responsible for unforeseen, immaterial or indirect (a.o. consequence) damage suffered by the customer or third
parties. In any case, the
liability is restricted to the price of the delivered goods and the delivery costs. The customer regularly
tests the quality of the supplied goods and when lacks are noticed, the processing of the goods is to be stopped. In case of
partial non-conforming or rejected goods, only the quantity claimed to be non-conforming or rejected is to be returned and under no circumstances
the complete order. Daviation can never be hold responsible for any damage caused by goods she delivered, incase these were put in operation by her sellers of on the advice of her sellers by any other third party.
(if buyer performs work on the unit or modification all waranty is void.)
11. The guarantee of the packing will be charged together with the goods. The guaranteed packing stays property of the firm. It has e sent back free in good condition to her warehouse. The packing has to be provided with all the labels and brands, totally
clean and empty.
It may not have contained any other product than it has been charged for.
The repayment of the guarantee will be in any case decreased by the use costs, cleaning costs andrecycling costs. In case the packing has not been returned as there has been stipulated or within a reasonable
periode, the seller keeps the
right of refuse to take back the packing and to charge it to the buyer at the replacement value of theday. Not guaranteed packing will not be taken back.
12. Every payment is done cash, except for divergent conditions, in Pittem. Incase the invoice has notbeen paid within 8 days
after its due date, an interest of 12 p.c. per year, equal to 1 p.c. per month, will be indebted by right, this without previous formal notice.
Incase of complete or partial non-payment of debts at due date, without serious reasons, the
principal amount will be increased by 12 p.c. per year, with a minimum of 62 E and a maximum of 1860 E, even if terms of respite were adjudged, this without
any extra formalities. Expenses caused by unpaid bills of exchange and uncovered cheques, as well as other particular costs of recovery, will be charged additionally.
If 1 of our invoices remains unpaid at due date, all amounts due from the client in default will be immediately claimable, even if conditions of payment were admitted previously.
Daviation reserves the right of stop all further deliveries and works, incase debts remain unpaid at due date.
12 a. no conversation between daviation bvba and buyer might be posted on the internet (forums, or other media.) neither pictures, if failing to do so penalty is minimum 100 €/day.
13. Incase of discrepancy between the Dutch text and the versions in other languages of the present terms of sale, the Dutch tekst will be decisive.
14. Incase the present contract or the general conditions are challenged, only the courts of justice of the judicial arrondissement Kortrijk will be competent, Belgian law will be applicable.