Terms and conditions

Art. 1

These terms and conditions form an integral part of the agreement. Unless otherwise expressly agreed in writing in terms and conditions drawn up in advance, the following general terms and conditions of sale shall always apply to D&L Concepts nv. and the contracting party, the person placing the order or the buyer declares that they are aware of and accept these terms.

Art. 2

Our quotations are non-binding and are made without any obligation.

Art. 3

All goods are always transported entirely at the risk and expense of the buyer, contracting party or customer, even in the case of carriage paid delivery.

Art. 4

All complaints regarding the conformity of the delivery and regarding visible defects must be submitted to the registered office of D&L Concepts NV, by registered post within 8 days of receipt of the goods or following the provision of the services; failing which, the complaint may be deemed inadmissible.

Art. 5

Our goods are payable in cash. All payments must be made at the registered office upon collection or at the delivery address if the goods are to be delivered. Only where a non-cash payment of the invoice has been expressly stated in writing on the sales contract shall a maximum payment term of 30 days apply.

Art. 6

In the event of non-payment of the invoice by the due date, the principal sum shall, in addition, be increased by a flat-rate amount of 15 per cent as compensation for the extrajudicial collection costs of the claim (such as staff costs, administrative costs, management and follow-up costs of the file, impact on financial management, etc.) the principal sum shall be increased by a flat rate of 15 per cent, subject to a minimum of 100 EUR. This compensation is payable in addition to default interest and any recoverable legal costs and is enforceable by operation of law without prior notice of default.

Art. 7

Invoices not paid by the specified due date shall, by operation of law and without notice of default, be subject to default interest of 10 per cent per month, calculated from the due date.

Art. 8

In the event of non-payment of any of our invoices by the due date, or the total or partialperformance of the obligations by the co-contracting party, all claims against the same customer shall become immediately due and payable and, at our discretion, the performance of current contracts may be suspended or deemed wholly or partially void.

Art. 9

In the event of the customer cancelling an order or a contract for services, or in the event of termination of the contract pursuant to Articles 10 and 11, a fixed compensation of 30 per cent shall be payable.

Art. 10

The transfer of risk takes place at the time of delivery. Unless otherwise specified, the goods are delivered and accepted at the seller’s warehouses. Title to the goods shall only pass upon full payment of the agreed price, plus costs and interest. If the client has applied for a deferral of payment or a composition with creditors, or if the client is in a state of bankruptcy, or if, in the opinion of D&L Concepts nv, is entitled to repossess the goods or withhold their delivery, in which case the contract shall be deemed to have been dissolved by operation of law from the date of notification by registered letter, without prejudice to the enforceability of the damages and interest stipulated in these terms and conditions and without prejudice to D&L Concepts NV’s right to demand performance of the contract. Under no circumstances shall the buyer be entitled to pledge the goods or to use them as security in the broadest sense of the term, so long as payment has not been made.

Art. 11

If the buyer fails to collect the goods at the agreed time, they may no longer rely on the previously agreed delivery times. The seller reserves the right, after a period of 15 days, to regard the contract as terminated without prior notice of default. If the agreed time for collection of the goods is more than 8 days after the date of the sales contract, the buyer is obliged to pay the purchase price plus VAT by the 8th day following the conclusion of the sales contract, failing which the contract may be deemed to have been terminated without prior notice of default. The seller also reserves the right to claim compensation for any loss suffered as a result of non-collection or late collection. Delivery and completion times are always approximate and are not binding on the company. Late deliveries shall not give rise to any claim for compensation or to a refusal to accept the goods. The seller is relieved of all liability in the event of force majeure (accidents, war, strikes, lockouts, riots, lack of transport, fire at the seller’s factory, etc.). The seller reserves the right to extend the period for performance of the contract for as long as the force majeure persists. Deliveries of goods or services by third parties, even where we are involved, fall outside our liability. At the customer’s request, the goods will be delivered to the location specified by them. Depending on the distance, volume, nature of the goods, etc., a transport charge will be applied. This charge will be agreed in advance. Delivery of the goods is to the door only. Where appliances need to be dismantled or carried indoors, D&L Concepts nv reserves the right to charge the standard hourly rate per person. The conditions for bringing goods indoors are deemed to be reasonable; if this is not the case, the service may be refused without any claim for compensation arising therefrom.

Art. 12

The costs of dismantling and connection shall always be borne by the customer.

Art. 13

The connection shall be made to the existing pipes, which must be situated in the immediate vicinity of the property to be connected.

Art. 14

The customer shall apply to the relevant utility company for any statutory inspections and/or upgrades to the gas and electricity supply. The costs of this shall be borne by the customer.

Art. 15

The acceptance of bills of exchange and other payment instruments shall never be regarded as a novation. Bank and discounting charges shall be borne by the customer.

Art. 16

Warranty: 1 year from the invoice date on all new appliances supplied. All second-hand items are sold in their current condition, as known and inspected by the customer. D&L Concepts nv guarantees the technical functionality of second-hand equipment from the time of purchase until 30 days after receipt. Should it transpire, in the event of a technical problem, that certain repairs are impossible or difficult to carry out, or that the costs, in the opinion of D&L Concepts nv, could become excessive, the company reserves the right to take back the appliance in exchange for a refund of the purchase price. It shall in no way be held liable for any damage suffered. The warranty covers only manufacturing faults or hidden defects. The warranty is limited to the repair or replacement of parts exhibiting hidden defects, provided these are delivered to our workshop. Should a technician need to visit the site, the travel costs shall always be borne by the contracting party. D&L Concepts nv. cannot be held liable for any damage or loss suffered as a result of the failure of the appliances. Electric heating elements and motors are never covered by the warranty. Claims arising from incorrect water hardness are always excluded from the warranty conditions. No warranty is provided for appliances installed by the customer.

Art. 17

The seller accepts no liability for goods that are not collected immediately. The collection of the goods is at the buyer’s expense. The seller reserves the right to charge a storage fee of EUR 12.50 per m² per month, with a minimum of EUR 50, for goods that have not been collected after one month, without prior notice of default.

Art. 18

In the event of a dispute, the competent courts are: the Magistrates’ Court of Herentals, the Court of First Instance, the Labour Court and the Commercial Court of Turnhout.