GENERAL TERMS AND CONDITIONS OF SALE
1. All our sales, works, deliveries, and services are subject to the following terms and conditions; these terms and conditions form an integral part of the agreement. Deviations from these terms and conditions are only possible in writing. They apply to the exclusion of all general terms and conditions appearing on documents issued by the customer, insofar as these latter terms and conditions conflict with the former.
2. For orders under 30 euros (incl. VAT), an administrative fee of 15 euros (excl. VAT) will be charged.
3. Our quotes are always non-binding and are made without obligation.
4. Delivery takes place at the seller’s premises, unless otherwise agreed in writing.
5. Goods are transported at the customer’s expense and risk.
6. Complaints regarding delivered goods cannot be accepted if they are not received in writing within seven days of delivery.
7. All our invoices are payable in cash, net, and without discount, unless otherwise agreed in advance and in writing. Acses is entitled to request a deposit of 50% of the agreed total price. This deposit must be paid within 14 days of the invoice date. If the client fails to pay the deposit on time, we are entitled to cancel the agreement without stating reasons and without being liable for damages. Any costs incurred by us will be charged to the client.
8. The goods sold remain the property of the seller until full payment of the principal and accessories has been made. In the event of resale, the seller retains the right to claim the amount corresponding to the value of the resold goods. The retention of title is transferred to the resale price. Once the goods have been delivered, the buyer bears all risks, including cases of force majeure and destruction, and the cost of storage. Failure to pay any amount due by the due date may result in the reclaim of the goods.
9. In the event of non-payment of the invoice within 15 days of the registered mailing of a reminder, we may terminate the agreement automatically and by simple registered mail. This is without prejudice to the payment of damages by the defaulting customer.
10. Any invoice remaining unpaid on the due date will automatically and without notice of default accrue interest of 12% per year until full payment.
11. In the event of full or partial non-payment of any invoice, even partial, on the due date, without valid reason, the outstanding balance will be increased, after a formal notice of default has been served, by way of a fixed compensation of 15%, with a minimum of €150.00 and a maximum of €2,500, even if grace periods have been granted. 12. All collection and protest costs of an accepted or unaccepted bill of exchange are the customer’s responsibility. Presenting bills of exchange does not change the place of payment; moreover, by drawing a bill of exchange, we do not waive any of the aforementioned rights, and drawing a bill of exchange never constitutes novation.
13. If the seller fails to fulfill its obligations, the consumer, i.e., any natural or legal person who acquires or uses the products or services exclusively for non-professional purposes, is entitled to claim compensation before the court, in accordance with common law.
14. All our agreements are governed by Belgian law. All legal actions relating to these invoices or contracts fall under the jurisdiction of the Courts of Ghent or the Justice of the Peace of Ghent (Ghent Canton). However, the seller may also bring legal actions before the Court of the debtor’s place of residence.
GENERAL REPAIR CONDITIONS – WARRANTY CONDITIONS
1. RETURN OF DEFECTIVE DEVICES
Defective motors can only be returned after approval by Acses.
– Place the devices in robust/sturdy packaging.
– Fill any empty spaces so that the devices are protected from impact and/or shock during transport.
2. TIME LIMIT
Acses is not responsible for delivery times and is dependent on its supplier in this regard.
3. WARRANTY
Nekos: 2 years – Almot: 1 year – Aumuller: 1 year – Mingardi: 1 year
The warranty is void if:
– The device has been opened by the customer;
– The device has been incorrectly installed/connected;
– The defect was caused by moisture/water infiltration;
– The label has been removed from the device.
4. EXAMINATION COSTS
If, after analysis, the repair is decided against, the analysis costs will be charged to the customer. The price per engine is:
Nekos / Almot / Mingardi: €57.00 – Aumuller: €69.00
5. REPAIR COSTS
The repair costs depend on the defect and the number of spare parts (repairs are carried out after customer approval).
6. QUOTE
Quotations are valid for a period of one month.
7. AVAILABILITY OF SPARE PARTS
If spare parts are no longer available from the supplier, Acses cannot be held responsible.
8. TRANSPORT COSTS
The transport costs are the responsibility of the customer, depending on the defect (see point 3).
BE €21.00 – NL/LX €26.00 – FR €31.00 (up to 30 kg)
9. APPLICABLE LAW
Any dispute is subject to Belgian law. Only the Belgian courts have jurisdiction.
10. PAYMENT
EXISTING CUSTOMERS: 30 days from the invoice date
NEW CUSTOMERS: within 8 business days – For subsequent orders, 30 days from the invoice date.
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