General Sales Terms
1. All quotations and sales of F Care Systems NV will be managed by the conditions below. F Care Systems NV considers these terms as known and accepted by the contractor, whether he is, or is not a dealer. Unless specially indicated only a strict application of these terms, not withstanding any conflicting terms, mentioned in documents of the contractor are valid. Any deviations from these conditions are invalid unless these deviating conditions have been approved by F Care Systems NV in writing in advance. In case of conflict these conditions shall prevail. The annulment of an article or clause does not entail the nullity of the set of terms with them.
2. The offers drawn by F Care Systems NV are without engagement, unless otherwise agreed. Any offer may be withdrawn by F Care Systems NV to the acceptance of the contractor and automatically expires 20 days after date, unless another indication of the offer period.
Each order binds the contractor, but binds F Care Systems NV only after written confirmation.
3. The delivery time is only an indication given by F Care Systems NV and as far as possible fulfilled. Delays in the delivery time by no means, justify the cancellation of the order, breaking the sale, a price reduction or a claim for compensation of any kind.
4. The goods are shipped at the risk and expense of the customer or buyer, unless explicit and by F Care Systems NV offered or accepted deviations.
5. Any cancellation of an order must be in writing and is only valid on written acceptance of F Care Systems NV. In case of cancellation of the order, the contractor for F Care Systems NV needs to pay a fixed compensation of 25% of the purchase price, with a minimum of EUR 125 per cancellation. The contractor will also be incurred by F Care Systems NV to reimburse costs.
6. In the event of strike, force majeure, accident and / or government regulations, F Care Systems NV is relieved of the obligation to deliver and / or execute. Malfunctions include failure by the supplier of F Care Systems NV, for whatever reason. F Care Systems NV has the choice between breaking the law of the contract without compensation or extending the period of delivery and / or execution of a duration equal to that of the interruption. The breaking of the extension of the deadline will be served by registered mail.
7. The price is as stated on the quotation. A price increase, beyond the control of the seller, can always be passed. The buyer has the right not later than the delivery date of the sale, to waive payment of a lump sum compensation serving 25% of the agreed price, if the increase exceeds 5%.
8. Any information regarding F Care Systems NV provides the products offered or sold in good faith under the guidance of their own from the manufacturer, producer and /or vendor has received. F Care Systems NV cannot be held liable for incorrect information that they would have received and are notified about the content, quality, quantity and general description of the offered or sold.
9. Any complaints, comments, contestations or protests regarding the goods shall be admissible only if in writing and reported to be registered within 5 days after delivery. After this period of five days, the contract also deemed to have consented to the goods and complaints are not accepted. After commissioning, handling, processing or delivery to third parties of all or part of the delivery, no complaints are accepted by F Care Systems NV.
No return of goods will be accepted without prior consent. The return shipment must always be carriage paid. If there is a return shipment with which F Care Systems N.V. has not declared itself in agreement, but still accepts the goods, this always takes place under reservation of all rights and at the expense of the co-contracting party. The shipment is then stored by F Care Systems NV at the expense and risks of the purchaser. Any complaint regarding an invoice is only admissible if it is formulated in writing and lodged within 5 days after invoice date. After expiry of this period, the contractor shall be deemed to have accepted this invoice.
10. The contractor must supply the goods immediately and thoroughly checked. Any non-compliance must be reported within 5 days as stipulated in the relevant article. After expiry, this period is finally accepted and indisputable that the delivered goods are in conformity and free of any visible defect.
11. The guarantee given by F Care Systems NV is still limited to products which are presented by the manufacturer, importer. In all cases, and notwithstanding the stringent requirements of the manufacturer and / or importer, the warranty is defined according to the local legislation and as per agreement. If a defect is found, the buyer / contractor has to bring back the goods in original packaging and accompanied by the original invoice. Parts that are replaced remain the property of F Care Systems NV.
The purchaser / co-contracting party shall, in the event that F Care Systems NV subsequently offers a conforming (repaired or replaced) product, not be able to demand recission of the purchase nor claim damages. In no case may the value of the guarantee obligation exceed the value of the purchase.
12. All invoices shall be automatically payable immediately upon receipt of the invoice in the office of F Care Systems NV or on its account, unless otherwise stated. This claim is portable. If not paid by the due date, the invoice amount will be increased with a fixed penalty of 15% of the invoice amount with a minimum of EUR 125 per invoice. This amount corresponds to the damage suffered by F Care Systems NV for late payment and the required fee. F Care Systems NV has the right to claim higher damages if they can prove. Moreover, an interest of 15% per year, without any notice is required. Principal, interest and damages are legally claimable, without any formal notification. The cash payment is the essence of any agreement with F Care Systems NV, acting as seller.
13. The non-payment on the due date of a single invoice makes the balance due of all the other invoices, even those non-expired, legally immediately payable.
14. When the buyer co-contracting party fails to comply with its obligations, the sole may be cancelled by operation of law and without notice of default in the form of damages and interest. If the confidence of F Care Systems NV in the creditworthiness of the buyer co-contracting party is shaken by acts of judicial execution against the buyer and/or other demonstrable events that damage the confidence in the proper execution of the obligations entered into by the buyer, F Care Systems NV reserves the right, even if the goods have already been sent in whole or in part, to suspend the whole order or a part and to demand from the co-contracting party suitable guarantees. If the buyer co-contractor refuses to do so, F Care Systems NV reserves the right to suspend the entire order or a part without prejudice to its right to damages and interest.
15. The goods sold remain the property of the seller until full payment was made. In the event of sale the seller retains the option to claim the sum corresponding to the value of the goods sold. The retention of title is transferred to the resale price. Once the goods are delivered the buyer bears all risks, acts of God, storage and destruction. The non-payment of amounts due on the due date of the recovery of the property may result.
16. If the buyer to the contractor F Care Systems NV processed or resell goods belonging to himself, he bears from that point on F Care Systems NV on all claims arising from such resale. In case of dispute only the courts of Antwerp or the Peace Court jurisdiction is competent.
In this agreement, only Belgian law shall apply (on the negotiation agreement).
All costs related to recovery through the courts, will be charged to the client recovered.