Seller: Group-Guntro BV, Beerveldestraat 23, 9160 Lokeren, VAT BE 0439.133.252, tel. +32 9 378 88 10, email info@publi-trailer.be
TERMS AND CONDITIONS
Article 1: applicable general terms and conditions By the mere fact of the order, the acceptance or the conclusion of the contract itself, the buyer confirms that they have taken full note of these general contractual terms and conditions and have agreed to them. In no event do any conflicting general terms and conditions of the buyer apply, unless agreed in writing and in advance between the parties.
Article 2: prices. All information stated, such as prices in quotes or price lists, is valid for 30 days from the date of dispatch. If the price changes after the order has been placed and before delivery as a result of any tax or surcharge on the goods, the seller may pass the price increase on to the buyer. The buyer is not entitled to request cancellation of the sale because of these price changes. Any other price increase beyond the seller's control may be passed on to the buyer, with the buyer having the right to withdraw from the sale no later than the date of delivery if the price increase exceeds 5%, subject to payment of compensation of 10%.
Article 3: deliveries Delivery times are for information only and are not binding. Late delivery in no event entitles the buyer to a price reduction or compensation of any kind. Nor can the buyer refuse to take receipt of the purchased goods. Depending on the nature of the goods, delivery in instalments is possible. Delay in taking receipt by the buyer does not justify delay in payment. Deliveries are always at the buyer's risk. The buyer checks the quality and quantity of the goods to be delivered at the time of delivery. Without remarks on the delivery note, the goods are deemed to have been accepted. Putting the goods to use in itself constitutes irrevocable acceptance of them.
Article 4: payments. Invoices are payable in cash at the seller's registered office. When an order is placed, an advance payment of 30% of the total order amount must be made, to be paid no later than thirty days after the date of the order or acceptance of the quote, failing which orders may be suspended. The mere expiry of fifteen days after the invoice date automatically, and without formal notice of default, gives rise to interest of 10% per year, plus fixed compensation of 10% of the invoice amount, with a minimum of €50.00 per invoice. The seller has the right to suspend the performance of any order for as long as the buyer leaves overdue invoices unpaid. The mere fact of non-payment automatically means that all previously granted discounts lapse and may still be charged. Acceptance of bills of exchange or promissory notes never results in novation.
Article 5: complaints All complaints concerning invoicing must be made in writing, by registered letter, within eight days of receipt of the invoice. After that, no complaints are accepted.
Article 6: retention of title The seller retains ownership of all goods delivered for as long as the buyer has not paid the full invoiced amount, including principal, interest and contractual compensation, in full.
Article 7: liability The seller is not liable for damage resulting from its own gross fault or from the gross and even intentional fault of its employees or agents. The seller is not liable for any failure in the event of force majeure. The seller has a purely advisory role at the time of installation. The buyer is always liable for their own choices regarding use, even if these conflict with legal and regulatory provisions. Approval of a proof implies the buyer's final agreement. The seller is not liable for typing or typesetting errors, nor for other errors in layout or legibility, once the proof has been accepted. In the event of rental of a Publi-Trailer, the renter remains solely liable for incorrect use or non-compliant placement of it.
Article 8: termination If the buyer terminates the agreement or if the agreement cannot be carried out through the buyer's fault, the buyer owes the seller fixed compensation of 25% of the total order amount, with a minimum of €50.00. This compensation may be deducted from advances already paid or other payments received.
Article 9: warranties All situations covered by the warranty and its duration can be found on the warranty certificate and are subject to change by the suppliers of the materials. Warranties apply only to the first owner and only if the guidelines on use and maintenance are strictly followed. Repair or replacement of parts during the warranty period takes place only during normal opening hours and in accordance with the waiting time applicable at that moment, without extension of the warranty period. The seller is not liable for paint damage on removal of the film caused by defective paint.
Article 10: disputes For all disputes concerning the formation, performance and interpretation of the contractual relationship and these general terms and conditions, only the courts of the Dendermonde judicial district have jurisdiction, namely the Justice of the Peace Court of the canton of Lokeren or the Court of First Instance of Ghent, Dendermonde division, or the Commercial Court of Ghent, Dendermonde division, depending on the capacity of the parties and the value of the dispute. Belgian law applies exclusively.