The parties expressly agree that their contractual transactions shall be governed exclusively by these general terms and conditions of sale, to the exclusion of all other terms and conditions and more particularly those indicated in the buyer’s order forms, notwithstanding any clauses to the contrary. The present terms and conditions of sale form an integral part of any agreement, and only a written deviation from these terms and conditions shall be authorized.
All Communications supplies materials to resellers.
These materials come with a 1-year warranty against production and/or manufacturing defects. The warranty period starts on the date of sale of the goods by the reseller.
If a material is found to be defective within or outside the warranty period, the reseller must send it to us or bring it in for repair & inspection.
If the material is found to be defective upon arrival and the packing is undamaged, we will regard it as a DOA (dead on arrival), of which we must always be notified within a period of 14 days after delivery to the end customer. In such a case the reseller returns the product to us and, after inspection, All Communications will repair or exchange it for a new product.
All Communications is not responsible for reinstalling the repaired or exchanged product.
Nor shall All Communications be liable for the continuity of the product. Hence, All Communications does not need to provide a replacement device (unless this was contractually agreed upon).
In the event of a DOA or if the product is covered by the guarantee, All Communications shall return the repaired or exchanged product free of charge.
The fact that All Communications also offers services which are related to these products such as installing connectors, adjusting the network and putting it into operation has nothing to do with the points mentioned above.
Under no circumstance can All Communications be considered a subcontractor in any reseller’s project.
Direct orders or orders taken by our representatives will only bind our company after they have been confirmed in writing. We reserve the right to modify data or devices at all times and to stop the import or the production of certain devices without prior notification and without any other obligation, without the buyer being entitled to any compensation whatsoever.
Our prices are net, exclusive of packing or shipping costs, VAT and any other tax expenses, and they apply to goods purchased at our warehouses. The prices indicated in our company price lists, offers and quotations are non-binding. If the purchase prices and costs should change after an offer or quotation has been made or even after an order has been accepted, the company shall have the right to adjust the offer or quotation or to change the prices on the basis of which the order was placed.
All deliveries are made against payment, goods collected by the customer must be paid in cash at our registered office or into a bank account in the name of the company, without any discount.
Staff members, representatives or intermediaries are not authorized to collect any outstanding amount or invoice, except when they have a written authorization to do so. Only receipts signed by the authorized managers of the company shall be recognized as valid proof of payment.
Invoices must be contested in writing within 7 days from the invoice date.
In the event of non-payment of an invoice within eight days or on the due date, a default interest of 12 % per annum on the invoice amount shall be payable by operation of law and without prior notice of default.
- PENALTY CLAUSE
Without prejudice to the provisions of the above article, a fixed compensation equalling 10 % of the invoice amount or a minimum amount of 125€ shall be payable by operation of law and without prior notice of default in case of non-payment of the invoice within eight days or on the due date.
Court costs and any other collection costs are not included in this fixed compensation and shall be charged separately to the customer.
If the goods need to be shipped, this is done at the customer’s explicit request and the goods shall still be deemed to have been accepted at the company’s registered office. If the goods are shipped without having been checked in advance by the customer, they shall be deemed to be shipped and delivered in good condition, and they always travel at the addressee’s expense and risk, even if they are shipped carriage paid.
Complaints regarding lost or damaged goods must always be made to the shipping company.
Lost or damaged goods can never be invoked as a ground for non-payment or partial payment of the goods.
- DELIVERY TERM / PLACE OF DELIVERY
Delivery terms are given for indicative purposes only and are not binding to the vendor.
A delayed delivery shall not give rise to any compensation nor to the termination of the agreement.
The goods are delivered at the seller’s premises, in the way indicated in our order confirmation form, the reservation or the invoice. If a final date for delivery was agreed upon in writing, the usual trade and industry tolerances shall apply.
- OWNERSHIP RIGHT
Subject to a written agreement to the contrary, we reserve all ownership rights to the products sold by us until they have been paid in full, including interests and costs. If the goods are paid for by cheque or bill of exchange, the ownership rights only pass at the time of payment of the cheque or bill of exchange.
In case of bankruptcy or seizure, the buyer shall give notification of this retention of title and notify the seller without delay, and the company reserves the right to demand the return of all unpaid or partially paid goods, in accordance with the conditions provided for by law.
All sums due are payable at the payee’s address, and all agreements shall be governed by Belgian law.
The buyer and seller expressly agree that all inconsistencies, challenges or disputes shall be submitted to the competent courts of Ghent where the seller has his registered office.