General terms and conditions of sale
STAMEX TERMS AND CONDITIONS OF SALE
Art.1 These terms and conditions of sale apply strictly to all our dealings with our customers. Any derogation must be set out in a written document signed by the parties.
Art.2 Our offers and quotes are non-binding and subject to prior sale. They bind us only as regards the prices stated therein for the period indicated in the offer or quote. In the absence of such an indication, the offer or quote may be subject to change.
Art.3 The signing of a purchase order by our customers implies acceptance of these terms and conditions of sale without exception or reservation. Any order accepted by us is considered firm and final. For any order, a deposit of 50% of the total order value will be required, unless otherwise agreed in writing. In the event of cancellation, the deposit shall in any case be retained by us. In addition, in the event of cancellation, the customer shall pay an additional penalty of 15% of the order value, with a minimum of €250.
Art.4 Payment is made in cash without discount unless otherwise agreed. Any complaints regarding an invoice must be submitted in writing within 5 days of receipt of the invoice, failing which they will be rejected. Invoices not paid within ten days shall automatically and without formal notice be increased by 20%, with a minimum of €250. In addition, any amount not paid by the due date shall automatically bear late-payment interest of 1.5% per month from the invoice date. Court interest and any legal costs are not included in these indemnities and shall be settled separately.
Art.5 If the buyer’s creditworthiness deteriorates, we reserve the right, even after partial performance of the contract, to require from the buyer such guarantees as we deem necessary for the proper performance of the commitments made. Refusal to comply entitles us to cancel all or part of the contract without our customer being able to claim any compensation on any grounds whatsoever.
Art.6 Our prices are ex our warehouses. Any additional handling is at the customer’s expense. However, delivery to the customer’s premises or to any other agreed location within a radius of 30 kilometers of our warehouse may be arranged, depending on the size of the order. Beyond this distance, transport costs will be charged additionally at €0.87 per additional kilometer.
Art.7 Goods always travel at the buyer’s risk, even if transport is carried out by us. Even in case of absence, the buyer remains personally liable for theft, deterioration or other damage caused to the goods by any cause whatsoever in the event of home delivery.
Art.8 Delivery times are approximate. Failure to meet a delivery time can never oblige us to compensate for damages, nor can it give rise to damages or lead to the cancellation of the order or contract.
Art.9 We reserve the right not to execute an order in the event of force majeure. The following shall be considered force majeure: strike, fire, flood, riot, government instruction, manufacturing or delivery accident, vehicle breakdown, staff illness, etc. The inability of one of our suppliers to fulfil its obligations within the prescribed time shall also be considered force majeure. In the event of force majeure, we are entitled to cancel our obligations without damages or interest or to postpone delivery until the force majeure no longer applies. Under no circumstances may compensation be claimed for late delivery.
Art.10 Goods delivered or collected remain our property until their price has been paid in full. No complaints regarding the equipment will be accepted more than 8 days after the date of delivery or collection from our warehouse. Any complaint must be made in writing and sent by registered letter. Any goods refused by the customer on receipt shall be returned to us in their original packaging at the customer’s expense. The customer shall inform us in writing of the reason for the refusal. In any event, our liability shall be limited to the replacement or refund of the goods. However, if the goods have been put into operation, the deposit paid shall be deducted from the refund as compensation for use.
Art.11 When selling new equipment, the warranty is limited to that of the manufacturer. Repairs carried out in our workshops are guaranteed for a period of three months. In principle, we grant no warranty on lamps, filaments and electric motors.
Art.12 Any breakdown occurring during the warranty period shall not give rise to the payment of compensation. We decline all liability and our warranty is automatically void in the event of incorrect handling, misuse or improper installation, or assembly by incompetent persons.
Art.13 Faulty goods must be returned to us carriage paid and, after repair, will be held at the customer’s disposal in our warehouse or returned to the customer with all shipping costs payable by the customer.
Art.14 For all disputes, the Courts of Charleroi shall have sole jurisdiction.
RENTAL CONDITIONS
Art.1 In addition to the specific conditions set out below, Art. 1, 2 and 4 to 14 above apply to these rental conditions.
Art.2 In the case of rental, the full rent shall be payable upon collection of the goods from our warehouse or upon their delivery to the agreed location. In addition, for all rented equipment, a deposit representing 50% of the equipment’s sale price shall be lodged with STAMEX and returned to our customer as soon as the rented equipment is returned to our warehouse and has been checked for proper operation.
Art.3 Unless expressly agreed otherwise in writing, the rented equipment is deemed to be in perfect working order at the time of its collection or delivery. Any breakdown, breakage or damage found upon its return to our warehouses will be invoiced to the customer (parts and labor).
Art.4 The customer undertakes to take out valid insurance covering all risks to which the rented equipment is exposed during the rental period, in particular theft, breakage, fire, etc. In the event of a claim, the customer remains personally liable to us for the loss and damage incurred, and we reserve the right to claim from the customer, without delay, reimbursement of the repairs or replacement at the customer’s expense of the damaged or missing equipment.
Art.5 In any event, any person who has signed the purchase order remains solely responsible towards STAMEX for the use made of the equipment during the rental period.
Art.6 Notwithstanding any provisions to the contrary in the contract, under no circumstances shall STAMEX, its representatives, directors, employees or affiliated companies be held liable in any way for indirect and/or material damages of any kind and whatever the cause, even if STAMEX was informed in advance of the possibility of such damages. Notwithstanding any other provision of this agreement, and to the extent permitted by applicable law, STAMEX’s maximum liability for damages shall not exceed the amounts actually paid by the customer to STAMEX under this contract. Some countries, states or localities do not allow the exclusion or limitation of liability for indirect and/or material damages, so such limitations or exclusions may not apply to you. STAMEX intends to rely on the limitations or exclusions provided for in these conditions to the fullest extent permitted by applicable law.
