Terms and conditions
GENERAL CONDITIONS OF SALES
THESE CONDITIONS APPLY TO ALL OUR OFFERS AND AGREEMENTS WITH THIRD PARTIES
1. Our prices are entirely without obligation until orders are accepted in writing. The undertakings entered into by our representatives are only valid following our written confirmation, subject to interim wage and or raw material price increases, as well as any revaluations of currencies domestically and abroad. If this and/or other pricedetermining factors change, we reserve the right to pass on any ensuing price differences in consultation with the customer.
2. The delivery date is not seen as an express commitment, since it is based on currently applicable materials supplies and production possibilities. Unless otherwise specified, late delivery through no fault of our own may not give rise to rejection, claims for compensation or cancellation.
3. The customer agrees to receive the invoices in electronic form to an email address he/ she provided. The customer can change his choice (electronic or on paper) free of charge, at any time and without notice through all usual contact channels with GymnaUniphy NV. Customers that don’t have the necessary technical resources should inform GymnaUniphy NV immediately and at the latest at acceptance of these General Conditions. In that case, the customer opts for the paper invoicing, without incurring extra costs. GymnaUniphy NV undertakes to make the electronic invoices accessible to its customers for a period of 24 months, free of charge.
Unless we expressly specify to the contrary, all our invoices must be paid at Bilzen no later than the due date without any reduction or discount. If an invoice is not paid in full by the specified date we shall be entitled, from the next day, by right and without notice of default being required, to payment of interest as laid down in Article 5 of the Act of 02/08/2002 without however the interest rate thus obtained being less than 12% per annum. By not making payment within by specified date our co-contractor also acknowledges having committed a breach of contract and consequently having caused us to suffer loss.
This loss, including the recovery costs referred to in Article 6 of the Act of 02/08/2002, must be compensated for by our co-contractor and is estimated as follows:
- to cover extra-juridical recovery costs and the extra administrative work compensation is estimated equal to 10 % of the outstanding balance with a minimum of €75,00, plus a one-off sum of €13,00 per reminder together with any registration fee; if we also call in third parties for the out-of-court recovery of the amounts claimed by us these costs will also be passed on to the co-contractor;
- if we are obliged to move to judicial recovery our co-contractor shall, insofar as he is bound by the personal scope of the Act of 02/08/2002, pay us all costs incurred by us as a result of judicial recovery without however this payment being less than the amount obtained in application of the rate of those sums that are recoverable costs by virtue of the execution of certain material deeds, as decreed by the King in execution of Article 1022 of the Judicial Code.
Any delay in payment for whatever reason shall also entitle us to sever the contract and demand immediate payment of all amount owed, even those not yet due. Are always settled first with the interest due by virtue of the present terms, then with compensation and recovery costs and only then with the outstanding balance of each invoice, whereby the oldest outstanding amounts are also settled first, regardless of any comments or notifications of the co-contractor on the occasion of his payments. In the event of late payment we reserve the right to declare any discounts granted null and void and demand repayment thereof, even with retroactive force. If a bill of exchange is accepted in payment this shall not in any way affect the current terms of payment. The goods delivered by us remain our property until our invoices have been paid, where applicable including the above-mentioned interest for late payment, loss provision and costs.
4. We guarantee the new equipment supplied by us for the duration of the warranty period, which starts on the shipping date of the item in question. This guarantee only applies to demonstrable material and construction faults. The guarantee provision does not apply to normal consumable items such as electrodes, electrical cables, mains leads, sponge –bags, compresses, ect. Complaints following material and construction faults can only dealt with if the goods and/or parts concerned are back in our possession. The guarantee only applies if the equipment is operated and used correctly, no change or repair has been made to them- except by our own personnel – and the damage is not the result of normal wear and tear, injudicious handling or other factors not at all our fault. We are free in our assessment in this respect. Damaged items are only taken back via the RAN procedure.
5. The counterparty agrees to maintain all information to enable GymnaUniphy NV to be aware of parts and serial numbers of equipment supplied, date of delivery and name and address of the customer and all the service activity in relation to that equipment.
Any incident with a product of GymnaUniphy NV should immediately be reported to GymnaUniphy’s with all the details of the incident. The counterparty may not use or sell any other accessories for GymnaUniphy products than those prescribed by GymnaUniphy, If other accessories are used, the CE certification of the products will no longer be valid.
6. GymnaUniphy NV reserves the right to charge administration and transportation costs, in case the order is less than €250.
7. All our catalogues, brochures, manuals, photos, texts, drawings, cost estimates, etc. shall remain our property. They may not therefor – except with our express approval be copied or shown to third parties. If we so request, these items must be returned to our address.
8. If an order is extended we shall consider the previous conditions to have been accepted by the client. Any objections or complaints must be made known to us in writing within 8 calendar days. Orders or other documents of clients are only binding following confirmation on our parts.
9. In the event of a dispute the Courts of Tongeren shall have sole jurisdiction. All disputes shall be governed by Belgian law.