These terms and conditions apply to all offers, price quotes, deliveries, transport, and invoicing issued by Van Roey Automation NV (hereafter referred to as VRA), and all agreements between VRA on the one hand and the customer, non-consumer, on the other, in the absence of any other different and specific information in writing. These terms and conditions prevail over terms and conditions issued by other contractual parties or by third parties, unless and then only to the extent that other agreements have been made expressly with these parties.
2. OFFERS – PRICE QUOTES
All offers and price quotes, plus all details issued by VRA, are entirely without obligation and are intended to be informative and shall not be binding for VRA. Price quotes shall only become contractual once these are accepted by the buyer and confirmed by both parties in writing. The prices stated in price quotes are valid for thirty (30) days from the date of the price quote, unless specifically agreed otherwise.
VRA reserves the right to make changes or additions to product specifications already communicated, at any time, if required to do so for economic reasons or reasons related to technical evolution in the products. VRA guarantees that the product supplied will still offer similar functions and performance after any changes made to the product specification.
- VRA’s prices are based on the going rate of wages and materials, foreign currency exchange rates, import duties, levies, and taxes applicable at the time of the offer/price quote.
- VRA reserves the right to increase prices, should one or more of the aforementioned price elements be increased. In the event of such a price increase occurring after the order has been placed and before its delivery, then VRA will notify the customer accordingly.
- In principle, deliveries will be made from the store in Turnhout, unless otherwise agreed in writing. Any transport or distribution costs will be charged to the customer, unless expressly agreed otherwise. Products are entirely at the customer’s expense and risk from the moment they leave the VRA premises.
- The delivery period anticipated by VRA is an indication only and is not binding. A delay in delivery neither gives any right to compensation nor does it give cause to terminate the contract.
6. INSTALLATIONS AND INTERVENTIONS
Unless otherwise expressly agreed in writing, the customer shall be personally responsible for installing the products. In cases where VRA is charged to carry out the installation, then the customer shall provide all the relevant facilities required to do so (including unhindered access to the products and connected products, documentation to allow a diagnosis, electrical current, telephone, the presence of either the customer, or of a person appointed or employed by the customer who uses the products personally and is informed of the customer’s requirements, etc.). Installation that cannot be carried out due to a lack of the aforementioned facilities will be charged for separately by VRA.
- All payments must be made in cash on delivery or upon collection, unless otherwise expressly agreed in writing. – When making such payment, no allowance will be made to balance debts or for discounts.
- Failure to pay by the invoice due date will, automatically and without prior notice of default, incur a late payment interest on the invoice amount at an annual rate of twelve percent (12%) charged from the due date until the date upon which payment is settled in full. Furthermore, any non-payment shall, automatically and without prior notice of default, incur a fixed fee for damages of ten percent (10%), with a minimum of EUR 50.
- In the event of non-payment, VRA will also be entitled, automatically and without prior notice of default, to suspend all further deliveries to the customer and/or to annul current agreements, and to collect the delivered product immediately at the customer’s cost.
8. RETENTION OF TITLE
Ownership of the goods supplied shall only be transferred to the customer once all relevant transactions have been made to VRA. The customer is not entitled to sell, move, or exercise rights in rem until such time as the goods are theirs.
9. FORCE MAJEURE
In the event of force majeure including, but not limited to, war, mobilisation, riots, a state of emergency, strike or lockout, fire, lightning, overvoltage, complete or partial standstill of communication apparatus, illness or accident among staff at VRA, industrial disturbance, complete or partial paralysis or interference of its system by hackers or viruses, or a deficiency due to VRA’s suppliers, VRA shall continue to retain the right to suspend its commitments for as long as the force majeure continues, and, if the force majeure lasts more than six months, to automatically cancel the purchase, without VRA being liable to pay any compensation in either case.
10. BREACH OF CONTRACT
Should the contract be broken unilaterally by the customer, then he, she, or it shall owe compensation to VRA equivalent to 25% of the agreed price.
11. ACCEPTANCE AND WARRANTY
- A complaint or protest with regard to an invoice shall only be accepted if submitted in writing within 8 days of the date of invoice. – All products, activities and services are deemed to have been accepted by the customer upon delivery.
- By paying for products and services supplied, the consumer accepts the conformity of the delivery.
- All of VRA’s products and activities are under warranty for an 8-day period as from delivery for visible defects, and for a period of two months as from delivery for hidden defects.
- Consumable products including, but not limited to, batteries, ink cartridges/toners, and fusers are not covered by any warranty. In the case of adapters, a warranty period of 6 months shall apply.
- Any commercial warranties provided by a manufacturer are considered the sole responsibility of the manufacturer and do not concern VRA.
- When it comes to screens, defect pixels are not considered as a defect but as an aesthetic imperfection. Products will only be exchanged in the case of a certain number of defective pixels, as determined in the standard ISO 13406-2.
12. LIABILITY RESTRICTION
- Under no circumstances shall VRA be held responsible for any damage connected with the use of products it supplies, or with any associated information and/or documentation, nor for any other damage which is not the direct and immediate consequence of an error made by VRA, such as, but not limited to, communication costs, loss of income, third-party claims, loss of data, damage, and/or defects caused by materials or information issued by the customer or by third parties.
- Under no circumstances shall VRA be held responsible for any faults in material, hardware, auxiliary equipment, or software installed in its products by the customer or upon the customer’s instruction.
- VRA’s liability with regard to direct damage shall be limited to compensation in kind. If compensation in kind is no longer possible, then VRA’s liability shall be limited to the appropriate sum covered by VRA’s civil liability operations insurance and/or civil liability post-delivery. If, for whatever reason, no civil liability insurance for operations and/or post-delivery can be invoked, then each liability claim including the principal sum, interest, and costs shall be limited to half of the amount paid by the customer for the products or services concerned in the relevant agreement.
- The customer declares to have been fully informed by VRA about the characteristics, operation, user options, and limitations of the equipment and/or software, as well as the problems of modification, installation/integration, and extension that may arise and therefore waives any claims against VRA in this connection.
- VRA is not responsible for the choice and suitability of the equipment and/or software in terms of achievement of the desired results.
- As regards installations or activities by VRA involving the internet, under no circumstances can VRA be held responsible for the consequences of using the internet, or for hacking, misuse of information, damage or loss of data, the content of the customer’s website(s) and its conformity with existing regulations and law, the quality of the telephone connection or rented line, etc
- Under no circumstances can costs charged by third parties be claimed back from VRA, unless with prior written agreement.
13. WEB SALES
- 13.1. For web sales via Webstore.be or VanRoey.be, the following specific terms and conditions shall apply if and to the extent that these differ from VRA’s other general terms and conditions of purchase or of sales.
- 13.2. The customer’s order via the webshop shall only lead to an agreement as from the moment that a full payment has been made by the customer using the payment method indicated by VRA.
- 13.3. VRA will deliver the products ordered either by handing them over in VRA’s stores (customer collection) or by sending them to the delivery address confirmed by the customer.
- In the event that they are sent to the customer, the customer shall pay VRA a fee of EUR 5.99 to cover distribution costs if the cost of the products and services bought via online sales is under EUR 20. If the cost of products and services bought via online sales is higher or equal to EUR 20, then the customer shall not owe any additional distribution costs to VRA
14. ELECTRONIC INVOICING
- 14.1. Invoices will be sent electronically via the customer’s chosen delivery platform. Any customer still wishing to receive an invoice on paper can simply request this by contacting firstname.lastname@example.org
15. AUTHORITY AND APPLICABLE LAW
- These general terms and conditions and all other agreements between VRA and the customer are governed exclusively by Belgian law.
- The courts of Turnhout have sole jurisdiction to settle any related disputes.