Article 1: OFFERS
1.1 Offers from the Van Brucken Group Company are always subject to reservation and without commitment on its part as to the availability of equipment and changes in prices. These may be modified until the conclusion of the contract between the parties. The equipment offered is intended for professional use.
Article 2: ORDERS
2.1 The order made by the buyer is only completed after its acceptance by the Van Brucken Group Company. It is upon this acceptance that the contract between the parties is concluded.
2.2 The order is irrevocable by the buyer and cannot under any circumstances be canceled by him even before acceptance by the Van Brucken Group Company
2.3 Sending an order implies acceptance of all our general conditions of sale.
Article 3: DELIVERIES
3.1 Delivery time: the delivery time is given by the Van Brucken Group Company only as an indication, it is not mandatory and non-compliance does not give rise to any right of compensation or termination of the command. The buyer is required to accept that his order is delivered in several shipments.
3.2 Unloading: the ground floor of the address indicated on the order form is deemed to be the unloading location. Impossibility of access will mean unloading in front of the main entrance. Any additional handling, rental or transportation costs will be the responsibility of the buyer
3.3 Compliance of delivery: the equipment is deemed to be compliant when it leaves the Van Brucken Group warehouses. If delivery is made by a carrier, the buyer must check the equipment upon receipt. If he notices any damage, he must note it on the delivery slip and immediately notify the Van Brucken Group Company. The buyer is also obliged to assign the carrier by registered letter within three days and send a copy to the Van Brucken Group Company at info@fournilconcept.com.
3.4 Refusal of delivery: in the event of refusal to deliver equipment following the order or non-execution thereof through the fault of the buyer, the latter will be required to pay compensation equivalent to 30% to the Van Brucken Group Company. of the market price as fixed and irreducible compensation upon termination (amicable or judicial). This compensation may, however, be greater than 30% if the damage actually suffered by the Van Brucken Group Company is greater than this amount.
Article 4: PRICE
Van Brucken Group's sales prices are exclusive of VAT according to the rate in effect on the day of shipment (dispatch note as proof).
Article 5: TRANSPORT AND TAXES
Transport costs are the responsibility of the buyer, our conditions therefore apply ex our warehouses in Brussels (Ex Works). All taxes, customs or other fees, as well as any transport insurance costs, are also the responsibility of the buyer.
Article 6: CONNECTION OF EQUIPMENT
The prices indicated do not include connection costs, nor costs for useful modifications to existing installations for the proper functioning of the equipment, the latter will be invoiced directly.
Article 7: PAYMENTS
Invoices are payable in cash. The delivery of drafts, commercial instruments or the acceptance of partial payments does not constitute novation.
Article 8: RESERVATION OF OWNERSHIP
8.1 The equipment sold will remain the property of the Van Brucken Group Company until full payment has been made.
8.2 The buyer undertakes not to dispose of the equipment until it has been fully paid for.
8.3 The buyer is obliged to inform the Van Brucken Group Company in the event of seizure of equipment for which ownership belongs to him.
8.4 The Van Brucken Group Company may repossess unpaid equipment at any time.
Article 9: GUARANTEE AND RESPONSIBILITIES
Professional users:
10.1 The equipment is covered by a guarantee against manufacturing defects for one year from the date of the invoice from the Van Brucken Group Company, this includes labor, travel, as well as the replacement of defective parts. excluding normal wear parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short circuit, training, etc.
10.2 The guarantee for any “plug” equipment, i.e. electrical equipment, single-phase (230V/1), with a volume of less than ½ m³ and a weight of less than 30 kg, does not include travel. The buyer will be required to return the defective equipment to the address of the Van Brucken Group Company and collect it after the intervention.
10.3 This period may however be reduced in the event and to the extent that the guarantee granted to the Van Brucken Group Company by its own manufacturer is less than one year.
10.4 The warranty on the equipment is specific to the person or company appearing on the purchase invoice, it is under no circumstances transferable to third parties. In the event of movement or reinstallation of equipment, only the Van Brucken Group Company is authorized to intervene; any intervention on said equipment by third parties without prior written authorization from the Van Brucken Group Company will result in the loss of warranty coverage.
Article 11: AFTER-SALES SERVICE
11.1 Hourly rate: any technical intervention, maintenance, training, etc. will be invoiced according to the current rate of the Van Brucken Group Company. The first hour of service will always be chargeable and subsequent hours will be billed in ½ hour increments.
11.2 Travel: travel costs will be invoiced according to the current rate of the Van Brucken Group Company. These will always be payable, even if the interventions did not allow the restoration, regardless of the cause.
11.3 Spare parts: They will be invoiced according to the current rate of the Van Brucken Group Company.
11.4 Interventions: Will take place every working day from Monday to Friday from 9:00 a.m. to 5:00 p.m. Any request for intervention outside these hours and after agreement with the Van Brucken Group Company will be increased by a fixed amount of seventy-five (75) EUR, regardless of whether it is under warranty or chargeable.
11.5 Repair in the workshop: Repair of equipment in the workshop is invoiced according to the current rate of the Van Brucken Group Company. The owner is required to recover the repaired equipment as soon as communication is made by the Van Brucken Group Company. If the latter remains unanswered, a formal notice by registered mail will be sent, leaving 30 days to do so. After this period, the Van Brucken Group Company may not only demand payment for the repair, but also to dispose of the said equipment at its discretion, without the possibility for the owner to claim any compensation whatsoever for their non-recovery.
Article 12: INTERPRETATION
12.1 In the event of a dispute relating to the interpretation of these general conditions of sale, the reference text is that written in French.
Article 13: APPLICABLE LAW AND COMPETENT COURTS
13.1 Any dispute is subject to Belgian law. The courts of Brussels have sole jurisdiction.
Van Brucken Group: VAT BE 0755685131, EORI BE0755685131