Article 1: OFFERS
The offers of H.M Catering Equipment S.a. always get along provided and without engagement of its share as for the availability of the material and upon the trend of prices. Those can be modified until the contract signature between parts.
Article 2: ORDERS
2.1. The “firm control” made by the purchaser is perfect only after its acceptance by H.M Catering Equipment S.a. It is during this acceptance that the contract between the parts is concluded. The order is irrevocable by the purchaser and cannot in any case to be cancelled by him before even acceptance by H.M. Catering Equipment S.a.
2.2. The acceptance of the purchase order also implies adhesion with the general terms of sale enumerated below. Any modification with the initial order coming because of purchaser can involve a modification of the time and a complementary invoicing. After handing-over of the estimate to the customer, if this one intends to order according to the conditions envisaged, the customer must then sign the estimate and date it.
Before signing the good for order, the customer must make sure that all verbally expressed engagements were indeed mentioned there, knowing that the conditions of the final order will be taken only between the parts.
2.3. The purchaser will pour at the time of the order 40% of the total of this one.
Article 3: DELIVERY
3.1. Delivery period: The delivery periods are given by H.M Catering Equipment S.a. only as an indication. They are not rigor and their non-observance does not give place to any right of allowance or cancellation of the order. The purchaser is held to accept that its order is delivered in several forwarding. The material travels under the responsibility for the purchaser and with the risks and dangers for the recipient.
3.2. Place of delivery: All the sales famous are made at the head office of H.M Catering Equipment S.a. the customer must announce to the salesman all the difficulties of access for the delivery, in the contrary case, the risks and expenses would be with its load. The goods carried by the customer travel to his risks and dangers.
3.3. Moment of delivery: The delivery famous is made at the moment when the goods are specified which are in the buildings of H.M Catering Equipment S.a. for the purchaser and at the latest, during the handing-over of the goods by H.M Catering Equipment S.a. with the conveyer, or when the goods leave the buildings of H.M Catering Equipment S.a.
3.4. The purchaser must control the goods dice their reception, if it notes damage, it must note them on the delivery form and to warn H.M Catering Equipment S.a. immediately the purchaser is obliged to assign the conveyer by recommending endéans the three days and sending a copy to H.M Catering Equipment s.a.
3.5. Refusal of delivery: In the event of refusal of delivery of the goods according to the order or of in execution of this one because of the purchaser, this last will be held to pay to H.M Catering Equipment S.a. an equivalent allowance has 30% of the market price as fixed allowance and irreducible in cancellation (friendly or legal). This allowance could however be higher than 30% if the damage really undergone by H.M Catering Equipment S.a. is higher than this amount.
Article 4: PRICE
The prices of H.M Catering Equipment S.a. get along excluding VAT with departure in our stores, transport costs, taxes and insurances not included. H.M. Catering Equipment S.a. reserves the right to modify the prices of its products at any times. Indeed the prices are modified according to the prices suppliers. They are thus subjected to certain variations which we are obliged to take into account.
Article 5: PAYMENT
5.1. The invoices are payable with large cash.
5.2. The handing-over of the drafts, commercial drafts or the acceptances of partial payments do not operate novation.
5.3. In the event of partial payments or by drafts, month’s payment with the one of the expiries makes exigible automatically the existing balance for all the operations in progress between the same parts.
5.4. Any sum not paid in its term carries full post maturity interest and injunction preliminary to the rate of 1% per month.
5.5. Moreover, in the event of non-payment at the limit, the invoices are automatically raised fixed allowance of 15% as conventional damages with a minimum of 65 euros and independently of the post maturity interest, which induces an immediate suspension of the intervention of the service after sales.
5.6. All the expenses of bank and/or the service of postal check are payable by the purchaser.
Article 6: PROPERTY
The sold goods remain the property of H.M Catering Equipment S.a. Until the moment of their integral payment by the purchaser.
The purchaser in addition commits himself not demolishing goods as a long time as this one will have been entirely paid.
The purchaser is obliged to put at current H.M Catering Equipment S.a. in the event of seizure of the goods for which the property belongs to him.
H.M Catering Equipment S.a. can constantly take again possession of the unpaid goods.
Article 7: DISPUTES
Any dispute relating to the sale must be addressed, duly justified to H.M Catering Equipment S.a. in the eight days of the delivery of the goods.
The purchaser does not have the right to suspend his payments due to defective alleged delivery.
Article 8: GUARANTEE AND RESPONSIBILITY
Professional user: the goods are guaranteed against the defects of construction and materials for one year as from the delivery date and 6 months for the second-hand equipment to the exlusion of fair wear and tear such as seals, filters, lamps, panes, etc which are defined like consumable as well as the interventions following limestone, cleanings, electric short-circuit, training, etc….
This time can however be reduced on the assumption and insofar as the guarantee granted H.M Catering Equipment S.a. by its own supplier is lower than one year.
The guarantee on the material is specific to the person or company being reproduced on the invoice. The guarantee is not transferable in the event of displacement or reinstalment of the material except prior agreement of H.M Catering Equipment S.a.
Professional retailer: the guarantee is one year and limits to the replacement of the defective pieces without labor nor displacement, to the exlusion of fair wear and tear such as seal, filters, lamps, panes, etc which are defined like consumable as well as the interventions following limestone, cleanings, electric short-circuit, training, etc….
The interventions take place working every days: Monday to Friday of 8:30 to 17:00. All requests for control apart from these schedules, after acceptance by company H.M Catering Equipment S.a., will be raised of an amount of 150 Euro in the form of fixed price weekend that they are under guarantee or not.
Article 9: INSTALLATION AND CONNECTION
The prices indicated do not include the expenses of connection, like all the modifications useful for the existing installations for the good performance of the apparatuses, those will be invoices in control.
Article 10: INTERPRETATION
In the event of litigation relating to the interpretation of these general terms of sale, the text of reference is that writes in French.
Article 11: APPLICABLE LAW AND COURTS OF COMPETENT JURISDICTION
Any litigation is subjected to the Belgian law. The courts of Brussels are only qualified |
