General terms and conditions of sale

General terms and conditions of sale Easy Systems Benelux BV

Article 1 : Object and scope

These "General Terms and Conditions of Sale" apply to all contacts concerning the products of Easy Systems Benelux BV between itself and its co-contractors. By the mere fact of placing an order, the co-contracting party expressly accepts these general terms and conditions, which govern the contract and can only be deviated from by express written agreement. From that moment on, the Co-contractor waives the application of its own (general) terms and conditions.

Article 2 : Quotes and order confirmation

Our offers and quotations are non-binding and for information only. Any order confirmation signed by the parties to the contract shall be binding. Any inaccuracies in our order confirmation must be notified in writing within 8 days of the date of this confirmation, on pain of cancellation. Orders are only acquired if they are expressly accepted by Easy Systems Benelux BV.

Article 3: Delivery and delivery times

The delivery includes only the goods and/or services specified in the order confirmation. The goods are transported at the risk and expense of the other party. Easy Systems Benelux BV will take care of the packaging, taking into account the interests of the customer. All packaging is at the expense of the co-contractor and will not be taken back by Easy Systems Benelux BV, unless expressly stated otherwise in the order confirmation. The delivery times indicated by Easy Systems Benelux BV are purely indicative and do not constitute any obligation. No delay in delivery, for any reason whatsoever, shall give rise to any liability on the part of Easy Systems Benelux BV and shall therefore not give rise to any compensation of any kind whatsoever, nor to the total or partial dissolution of the agreement, unless otherwise expressly agreed in writing by both parties. Deliveries are made subject to availability and subject to our and our suppliers' possibilities of preparation, loading and transport. Unless expressly agreed otherwise in writing, we reserve the right to make deliveries in one or more installments at our discretion. If Easy Systems Benelux BV is definitively prevented from executing an accepted order for reasons beyond its control, it can dissolve the contract by means of a simple notification to the other parties, without giving rise to any compensation, unless otherwise expressly agreed in writing by both parties. Easy Systems Benelux BV is at all times entitled to subcontract the delivery of materials, services and work, without the customer being able to raise any objection. Customer may not transfer or subcontract any obligations and rights or assign orders for (additional) work to a third party or subcontractor.

Article 4: Liability and indemnification

Easy Systems Benelux BV is not liable to the co-contractor or third parties, nor can it be held voluntarily liable for its own fault or the fault of its agents or subcontractors, except in the case of fraud or intent.

Article 5: Visible defects - non-conformity

The goods are transported at the cost and risk of the customer. Within 8 days after delivery, the other party must notify Easy Systems Benelux BV in writing of any defects or non-conformity of the goods. After the expiration of this period, the goods will be considered as finally accepted by the other party.

Article 6: Retention of ownership and risk.

All materials and goods delivered but not paid for, for whatever reason, remain the property of Easy Systems Benelux BV until full payment has been made, including any costs, interest and penalties. Any advance payments made will be retained by Easy Systems Benelux BV as compensation for possible losses in the event of resale. All risks are borne by the co- contractor. The Co-contractor is obliged to insure the materials and goods against all risks and to protect them against depreciation. Prior to the transfer of ownership, the Co-contractor is prohibited from processing, selling, delivering or disposing of the materials and goods other than in accordance with its normal business and normal business purpose. In the event that the co-contractor processes or resells the materials and goods belonging to Easy Systems Benelux BV within the scope of its normal business and normal purpose of use of the goods, it shall assign all claims arising therefrom to Easy Systems Benelux BV.

Article 7 : Force majeure

Easy Systems Benelux BV is relieved of all responsibility in the event of force majeure in the broadest sense of the word.

Article 8 : Payments

Any cancellation of any order by the co-contractor must be accepted in advance by Easy Systems Benelux BV with a corresponding compensation.- If assembly orders are cancelled up to 4 weeks before the expected delivery date, compensation will be charged equal to 30% of the price. - For cancellations of assembly orders within 4 weeks before the expected delivery date, a compensation will be charged equal to 70% of the price. - In case of return of standard material by Easy Systems Benelux BV, a compensation will be charged equal to 30% of the sales price for material control, logistics and administration with a minimum cost of 100,00 euro.

Article 9 : Compensation for cancellation - retention of title

Any cancellation of an order by the co-contractor must be accepted in advance by Easy Systems Benelux BV with an appropriate compensation.
- If assembly orders are canceled up to 4 weeks before the expected delivery date, a compensation of 30% of the price will be charged.
- If assembly orders are canceled within 4 weeks before the expected delivery date, a compensation of 70% of the price will be charged.
- In case of return of standard material by Easy Systems Benelux BV, a compensation equal to 30% of the sales price will be charged for material control, logistics and administration, with a minimum of 100,00 Euro.

Article 10 : Warranty

Easy Systems Benelux BV provides a guarantee against hidden defects for a period of 12 months from the date of delivery. This guarantee is strictly limited to the delivery itself and exclusively concerns the repair and/or replacement, at its own expense, in its workshops, of all parts that have been rejected or taken out of service due to construction defects or hidden defects, whereby Easy Systems Benelux BV expressly reserves the right to make changes to the goods in question in order to meet its obligations, unless it chooses to refund the purchase price in question.

The warranty does not cover the replacement of equipment due to wear and tear, damage caused by negligence, inadequate control and supervision, inadequate maintenance, misuse, etc. All installation and maintenance manuals, drawings and certificates for the equipment supplied are available on request. Failure to provide this documentation at the time of delivery does not affect the warranty period.

Article 11: Competent court

In the event of a dispute, only Belgian law shall apply and only the courts of the Antwerp district and the justice of the peace of Mol-Geel shall be competent to take cognizance of the dispute.