GENERAL CONDITIONS OF SALE 1/3
Artiliège SA - Rue Saint Vincent 14-18- B4020 LIEGE - BE0421.452.825 T: +32(0)4.341.44.91- info@artiliege.be
1. Unless otherwise agreed in writing and notwithstanding any stipulation to the contrary mentioned in the terms and conditions normally applied by the Customer, the present terms and conditions shall apply in respect of the legal relationship between ARTILIEGE and the Customer. Even if, in a particular agreement, any one or more specific points of these conditions of sale are waived, the other points remain fully applicable.
2. ARTILIEGE representatives are in no manner or form agents of ARTILIEGE and therefore may not engage its liability. Any order that is registered by a representative will therefore only bind ARTILIEGE after acceptance by the Management. The risk of the correct execution of the orders placed by telephone is borne by the Customer. Orders made by fax or by e-mail must include the full details of the order form (copy or file attached). Otherwise, the risk of the correct execution of the orders is borne by the Customer.
3. ARTILIEGE prices are stated as not including VAT for packaged goods or ex works delivery. The prices stated do not hold any commitment until the time of acceptance of the order by the Management. ARTILIEGE reserves the right to make changes to the prices indicated without former notice. Likewise regarding the orders in progress, ARTILIEGE reserves the right to change prices without former notice. In that case, the modification shall only concern the remaining part of the order and the Customer will have the possibility, once such price change exceeds 5%, to keep or cancel the order. Such cancellation is only possible if the Customer sends a registered letter within eight days of becoming aware of the price change.
4. The indication of delivery times is solely approximate and does not bind ARTILIEGE. Delivery of the goods is considered as executed at the time the goods are presented for withdrawal from ARTILIEGE's warehouse, even if the latter is responsible for transport. The Customer may also request delivery of an order in split consignments, thereby bearing any additional transport costs. If the delivery date as previously confirmed by ARTILIEGE is expired, or if the Customer detects irregularities, no fine is, in principle, accepted. If any "fine" clause has been accepted, possibly after negotiation with the Management of ARTILIEGE, it may never exceed 10% of the value of the article concerned.
If the Customer should request a postponement of the delivery of goods, ARTILIEGE will charge a supplement of € 4 per m² and per month for storage of those goods. The technical specifications of the models included in the Sales Contract are without warranty. ARTILIEGE may make minor changes to its specifications, without prejudice to the obligations arising from this Contract and without the obligation of prior notice.
5. The goods shall be considered as having been accepted if no written complaint from the Customer is received within eight days from delivery. Unless the Customer immediately expresses reservations, the delivery note, or any other written document, presented with the goods upon delivery, shall be taken as a correct indication of the quantity and description of what has been delivered.
6. The material warranty only applies to the material delivered by ARTILIEGE and only exists for the Customer and not vis-à-vis any third parties to whom the material might be resold.
Defect giving entitlement to a warranty claim
ARTILIEGE undertakes to remedy all operating defects that result from defective materials or sub-standard workmanship (including the assembly, if that operation is assigned to ARTILIEGE), this within the limits of the provisions below.
The warranty commitment only applies to the material, being the subject of the Contract, excluding wear parts and consumables (non-limiting example: belts, flexible cuffs, elastic pads, bearings ...).
Limitation of liability. Even within the scope of the legal warranty, ARTILIEGE will not compensate any indirect nor any immaterial damage, such as - but not limited to - the loss of income, loss of profit, operating loss, financial cost, loss of orders, commercial problems whatsoever, etc., whereby the Customer renounces to appeal against ARTILIEGE and its insurers in his name as well as on behalf of his insurers.
The ARTILIEGE warranty does not apply in the event of:
- irregularities concerning supplies, products or parts supplied by the Customer, as well as in the event of a design imposed by the Customer,
- irregularities arising from incidents or unforeseen circumstances or events ('force majeure'), ditto for replacements or repairs due to accidents, abrasion, corrosion, clogging, normal wear and tear of material, deterioration resulting from negligence, a lack of supervision or maintenance and incorrect use of the material,
- the use for operations and/or with unplanned elements or parts, involving unqualified or inexperienced personnel,
- sub-standard storage conditions of the delivered material,
- a defective or non-compliant installation (poor connection, faulty power supply),
- the presence of any impurities or foreign bodies in the circuits,
- the use for any purposes other than specified or recommended/abnormal uses,
- repairs or works not executed by ARTILIEGE. Where the Customer is authorised to execute repair works, the ARTILIEGE warranty shall only apply to spare or replacement parts provided by ARTILIEGE.
Failure to comply with the contractual conditions of payment will suspend the warranty.
Duration and start of the warranty
The warranty period is limited to twelve months, to be calculated from:
- either, the date of delivery or collection,
-or, if the receipt is subject to special conditions, the date of receipt. If the Customer makes use of the delivered tools, machinery or equipment, etc., prior to the receipt, the warranty period commences at the date of actual operation. The warranty period may not, in any case, exceed eighteen months counting from the date of delivery or collection.
The repair, modification or replacement of parts during the warranty period will not, in any case, prolong the warranty period.
Obligations of the Customer
In order to enjoy the benefits of the warranty, the Customer must notify ARTILIEGE, in writing and without delay, regarding the defects that it attributes to the material and must provide all
GENERAL CONDITIONS OF SALE 2/3
Artiliège SA - Rue Saint Vincent 14-18- B4020 LIEGE - BE0421.452.825 T: +32(0)4.341.44.91- info@artiliege.be
substantiating evidence in support of their reality. The Customer must give ARTILIEGE every opportunity to establish any such defects and to remedy these. It is, of course, understood that the execution of the warranty service may entail a certain degree of functional interruption of the Supplied Goods.
The costs of the contractual works executed by ARTILIEGE at the request of the Customer - under the warranty - which would prove to fall outside the warranty, shall be borne by the Customer.
The Customer is supposed to inspect the material upon delivery and at the latest the day following the delivery, failing which the Customer will not be able to claim visible defects later on.
In the event of" force majeure", ARTILIEGE has the right to suspend the Contract with the Customer or to cancel the same, in whole or in part, without thereby entitling the Customer to any right for compensation.
The following will be considered, in a non-restrictive way, as 'force majeure': all circumstances as a result of which the Customer can no longer, reasonably, demand the execution of the Contract, such as import, export and currency restrictions, wars, fires, floods, explosions, ... whether in the warehouses and points of sale of ARTILIEGE or those of the Customer, accidents, strikes and other labour disputes, delays in transport, a negligence or interruptions in the business of the suppliers or on the part of intermediaries of ARTILIEGE, etc.
7. No consignment may be returned without prior written authorisation.
Such authorisation does not, in any way, manner or form, imply an acknowledgement of liability on the part of ARTILIEGE, nor does it suspend any obligation to pay any and all sums due on their due date.
8. On-site activities: The Customer must ensure, at its own expense and under its responsibility: - before the arrival of the staff on the scheduled dates of intervention, the availability of the material and tools, the correct completion of the specified preparatory works, a normal accessibility of the material, the due protection of the programmations. - throughout the works, the temporary workforce, the handling, the provision of the machinery, the apparatus, materials and accessories in good condition, the lighting, heating and fluids, as well as all other arrangements and devices necessary for the installation or prevention of special risks. - after the completion of the works, the restarting of the material. The Customer will provide ARTILIEGE with closed or guarded premises, located near the workplace, allowing it to protect its tools, equipment, machinery and clothing from theft and damage. The execution of the works is governed by the relevant legal requirements. The Customer is responsible for any non-compliance with these requirements and for the implementation of the necessary measures for the prevention of accidents, the staff of ARTILIEGE being placed under the supervision of the former. The Customer must inform ARTILIEGE, in detail on the safety instructions given to its own staff and ARTILIEGE will be required to ensure that its employees comply with them. If the Customer should detect any violations of these instructions on the part of ARTILIEGE's personnel, it must notify the latter as soon as possible in writing and may immediately dismiss from site any member of the ARTILIEGE staff not complying with its safety instructions.
However, ARTILIEGE does not accept any liability for compensation or penalty.
We would like to remind you that the implementation of a variable frequency system at the level of each motor of each fan may generate transient phenomena of excitations of the proper frequencies (resonances) for which we can in no way be held responsible.
All our services have a 3-month warranty, provided always that the machines operate according to their specifications, that the recommended lubrication intervals are respected and that any operating anomalies are reported to us as soon as possible. The warranty covers only the labour of our intervention and we remind you that the liability of ARTILIEGE, which it has in order of insurance Law (AT) and RC insurance after delivery, cannot be engaged beyond the clauses and limits of our insurance contract (detail on simple request). No compensation for unemployment or loss of production or indirect or immaterial damage vis-à-vis the Customer or third parties can be claimed from ARTILIEGE; in fact the Customer is aware that this type of compensation is not "insurable" and understands and accepts this restriction.
(Our warranty does not cover the consequences of a possible defect of parts (such as bearings, ...) that we would have assembled but not supplied.)
After any work on a fan (simple maintenance, replacement of bearings, adjustment of blades, ...) a rotation test before commissioning is necessary and this as soon as possible.
The presence of one of our representatives during this test is mandatory. Our warranty depends on it.
The Customer must sign the work order presented by ARTILIEGE's staff, on which they will indicate any observations, it being understood that any claim made after the departure of the staff will not be accepted.
The Customer may not employ ARTILIEGE’s staff for work other than that assigned, ARTILIEGE declining all responsibility for work performed by its staff without its approval.
ARTILIEGE commits to making every effort to respect the agreed work or delivery terms, but does not accept any penalty or compensation for delays, whatever the cause.
Throughout the works, ARTILIEGE only accepts liability for the deterioration or destruction of the material if this results from its fault, and it will be the responsibility of the Customer to prove this. In case of an accident, injury or damage during the work on site, ARTILIEGE's liability is limited to its own staff. ARTILIEGE's liability is limited to the total amount of the Contract, excluding taxes. This limitation does not apply to any damage interests, costs and expenses mentioned in the General Terms and Conditions of Sale, nor to any physical injury for which ARTILIEGE would be responsible under the conditions of common law. Even within the scope of the legal warranty, ARTILIEGE will not compensate any indirect damage nor any immaterial damage such as, but not limited to, the loss of income, loss of profit, operating loss, financial cost, loss of orders, commercial problems whatsoever, etc., the Customer renounces to appeal against ARTILIEGE and its insurers in his name as well as on behalf of his insurers.
GENERAL CONDITIONS OF SALE 3/3
Artiliège SA - Rue Saint Vincent 14-18- B4020 LIEGE - BE0421.452.825 T: +32(0)4.341.44.91- info@artiliege.be
Preventive measures relating to safety, health and the environment are at the expense and responsibility of the Customer. ARTILIEGE collaborates to these to the extent provided for, in writing, in its offer, or confirmed, in writing, by ARTILIEGE.
(a) If ARTILIEGE reasonably considers that the work site, or any part or aspect thereof, does not comply with reasonable safety standards, and more specifically the Health and Safety rules and regulations currently in force, or is likely to cause an accident or incident, or prevents ARTILIEGE from providing a safe working environment for its workers, representatives, agents and subcontractors, then ARTILIEGE will be authorised, without delay, following written notice to the Customer: • to postpone the commencement of the works; and/or • to suspend all or part of the works already begun and to instruct its employees, representatives, agents and subcontractors to leave the work site; and this until such time as the Customer has taken measures to comply with the reasonable security standards in question. (b) If the Customer fails to meet the safety requirements mentioned in point (a) above within 14 days of receipt of ARTILIEGE's notice, ARTILIEGE is entitled, upon written notice to the Customer, to terminate this Contract or the relevant part thereof with immediate effect. (c) If ARTILIEGE postpones the commencement or suspends the execution of the works pursuant to point (a) above, the Customer shall pay all costs and expenses reasonably incurred by ARTILIEGE as a result of the postponement or suspension in question and shall extend for ARTILIEGE the period of execution of the Contract by a period equivalent to that of the aforementioned postponement / suspension. Furthermore, if ARTILIEGE terminates the Contract pursuant to point (b) above, the Customer shall assume all costs and expenses incurred by ARTILIEGE as a result of such termination (including any possible termination fees), in addition to remunerating ARTILIEGE for all works duly executed under the Contract up to the date of termination.
9. Unless otherwise stipulated in writing, our invoices are payable upon receipt. The acceptance of drafts, cheques, partial payments etc. does not imply the granting of any payment term: they are only means of payment that cannot be used as actual payments. ARTILIEGE is authorised to discount drafts drawn for its benefit before maturity; the costs in connection therewith shall be borne by the Customer.
Any amount that remains unpaid on the due date will, ipso jure and without formal notice, accrue interest on the basis of the tariff applied by the National Bank of Belgium, at the time of issuance of the invoice, for current account instalments against public effect, increased by 2%.
If payment is not done within eight days after a registered formal notice has been sent, a fixed compensation of 15% on the amounts due will also be charged.
If the Buyer fails to fulfil its obligations, the sale may be terminated, ipso jure and without formal notice, without prejudice to our rights to all indemnities and interests. It will be sufficient for the Seller to show this intention by means of a registered letter.
In case of non-payment on the due date, we will increase the invoice amount by 10%, with a minimum of € 25.
Non-payment on the due date, even of a single invoice, has as a consequence that the balance of all other invoices becomes due, immediately, even of invoices not yet due.
The acceptance of drafts or other documents does not change the conditions of sale.
In Belgium, the Law of 14/08/2021, the amendments of which come into force on 1/02/2022, applies, in particular: maximum payment period of 60 days date of availability of the goods or performance of the services including your control and verification time; the Customer must provide the information necessary for invoicing at the latest upon receipt of the goods or execution of the services; In case of late payment, the interests are automatically due and the existing lump-sum compensation of € 40 for collection costs is applied.
10. Despite the Buyer's risk regarding the material, the material sold and all accessories remain the exclusive property of ARTILIEGE until the Customer has paid all amounts in full, including interest, costs and indemnities.
Until that moment the Customer is expressly forbidden, under penalty of a compensation of minimally € 250, to pledge this equipment or to dispose of it, in any form whatsoever, without prior written consent from ARTILIEGE.
11. If third parties wish to assert rights or take measures concerning ARTILIEGE's unpaid goods, the Customer will inform them immediately that ARTILIEGE is the owner and will notify ARTILIEGE about this by registered letter within 24 hours.
If, at the agreed time of delivery, the Customer is insolvent or is in a state of collapse, suspension of payment, liquidation or in such a state that payment on the due date becomes doubtful, ARTILIEGE is entitled to demand, before proceeding to delivery, advance payment or additional warranties, this without prejudice to the right terminate the Contract.
12. Any dispute arising from the present Contract shall be referred to the Justices of the Peace and the Courts of LIEGE, who will necessarily apply Belgian law.