Algemene voorwaarden
Orders are only binding for us after our approval of the order confirmation. Every commitment by our representatives is only binding when in the following period of 8 days we have not protested the commitment. The content of the order confirmation shall form the definitive contract. Our prices and offers are non-binding and without any obligation upon us. All price offers, prices and/or other notifications stated in pricelists, catalogues, correspondence and other pieces in any form are not binding quotations and are not legally binding for Hydraulic Ram Trailer BVBA.
Hydraulic Ram Trail BVBA has the right to charge costs made for project studies, designs, advice a.o. to the customer when no agreement was reached. The client that places an order with us, accepts unconditionally these general terms and conditions.
DELIVERY
Any delivery or repair term is only approximately stated and is not binding upon Hydraulic Ram Trailer BVBA. The terms of delivery only commence after receipt of a duly and completely accepted order. The goods shall be supplied and accepted in our warehouses, before their departure. The goods shall always be transported at the responsibility and at the risk of the client, even when they are sold franco. Unless agreed otherwise in writing, all costs of transport, transfer, load and offload are chargeable to the client. In case the customer does not abide by the payment conditions or does not pick up his order within 10 days after having been given notice of availability of his order by Hydraulic Ram Trailer BVBA, then the further implementation of the contract can be claimed, or the contract can be terminated, moreover a compensation can be claimed budgeted by operation of law at 30% of the total amount of the order, additionally other suffered damage compensated.
The delivery terms are automatically extended in case the documents or information, necessary for a good execution of the order, are sent to us too late, even if such delay is not attributable to the client. Force majeure and delays which can be entirely or partially attributed to the customer, third party or our subcontractors, suppliers, transporters or consignors shall give our company the right to terminate entirely or partially the agreement or to suspend the execution thereof, without any right to compensation for damages for the customer.
The completion of the agreement is in case of force majeure suspended until the force majeure ceases to exist. In case the force majeure is permanent, the agreement is deemed to be terminated from legal grounds.
The stated delivery term can never be invoked to terminate or to dissolve the agreement. Additional work ordered during construction of the materials shall also be billed upon completion of the materials. The client admits to be fully informed about the technical and functional specifications, inherent to the purchased goods.
By signing the bill of reception, the client accepts and confirms having received the goods in perfect condition. In case of refusal of signing the bill of reception, the customer accepts and confirms having received the goods in perfect condition nonetheless if he fails to provide Hydraulic Ram Trailer BVBA with a valid reason not to sign within 48 hours.
When the buyer collects the goods, he accepts the visible defects of the goods. Complaints of visible defects must be notified by the buyer in writing by making a note on the delivery slip. After signature of the bill of reception by the buyer, no more complaints for visible defects will be accepted.
In case of non-conformity, Hydraulic Ram Trailer BVBA will either replace or repair the damaged goods, all without any right to additional indemnity. Complaints for hidden defects must be notified to us in writing with a clear description of the defects. Any legal claim of hidden defects lapses if it is not introduced before court within two months after the discovery of the defect. The guarantee will include repair or replacement of defective pieces, at the discretion of the seller. All costs for transport, work hours, etc. are at the expense of the buyer. Complaints, even though they are legitimate, do not give the right to the client to postpone the further execution of any contract with Hydraulic Ram Trailer BVBA.
In any case, for the complaint to be valid, Hydraulic Ram Trailer BVBA needs be notified in writing within 8 days after having received the goods. Using the goods equals accepting the goods in their current state.
Insurance of the goods from the location of delivery to its destination is not included in our orders prices. The prices of the goods can be adjusted by Hydraulic Ram Trailer BVBA at any time in result of increasing costs of products subject to market fluctuations, price changes of raw materials and labour, and changes in delivery costs, etc,.. which is hereby explicitly accepted by the customer.
PAYMENT
Our invoices are to be paid in full at our registered office, cash on delivery, unless otherwise agreed.
In the event of non-payment of any amount due, late interest in the amount of 1,5% per month, starting from the invoice date, will be legally due without the requirement for prior notice of default. In the event of late payment a flat-rate compensation will be legally due in an increase of the due amount of 15%. In case of payments in installments, the agreed dates per installment are again subject to these same conditions. In case of missing an installment, the residual amount becomes without any prior notice of default, immediately and completely payable.
The goods will remain the property of Hydraulic Ram Trailer BVBA until the moment of full payment of their price, including interests because of late payment and due compensations.
In case the customer does not live up to these terms of payment, Hydraulic Ram Trailer BVBA can by registered notice of default dissolve the contract and preserves the right to confiscate the goods, wherever they are, and this at the expense of the customer, moreover a compensation of 30% of the cost of the material will have to paid.