General conditions
1. These general terms and conditions apply to all our offers, communications and agreements, except if and insofar as we state otherwise in writing. They shall in any case prevail over any similar terms and conditions of the buyer.
2. Our offers are made subject to our available stock; all orders will be considered accepted only with the agreement of the management.
3. Delivery terms, dimensions and weights specified in the offer are provided purely as an indication. Any delays in delivery can never give rise to compensation on our part, unless expressly stipulated otherwise.
4. Our goods are considered accepted upon taking delivery at our facilities, even in the case of carriage paid, with transport always being at the expense and risk of the buyer.
5. The risks of the sold item are transferred to the buyer from the moment it is effectively made available to him at the place and time determined for delivery.
6. To be valid, any complaint must be formulated within 5 days of receipt of the goods or of the invoice. Any return of goods must reach us postage paid.
7. All our invoices are payable in cash at our facilities, net and without discount, on the date of collection, unless expressly provided otherwise. Taxes and duties shall always be borne by the customer; any increases shall be borne by the buyer.
8. Invoices not paid on their due date shall automatically and ipso jure be increased by default interest at 7% per annum, without the need for prior notice of default. In addition, any sum remaining unpaid 8 days after a notice of default has been sent shall be increased by an indemnity set by agreement between the parties at 10% of the outstanding balance with a minimum of €37.50, as a fixed and irrevocable penalty clause.
9. By express agreement between the parties, our warranty for the goods sold is limited exclusively to the warranty granted by our suppliers and, taking into account the degree of wear and tear, at the most to the value of the goods delivered, excluding compensation for any other direct or indirect damage. The warranty does not cover damage incurred as a result of improper use or of excessive or insufficient tire pressure. The warranty is subject to the purchaser checking that the studs or nuts have been properly tightened and that the tire pressure is correct after 30 and 100 km from the time the tires are mounted on the vehicle. Under no circumstances are we liable for loss of hubcaps. Our warranty, in case of mounting a tire, depends on the installation of a new inner tube, or for tubeless tires, of new valves.
10. For vehicles entrusted to us for work, we are liable only on condition that they are brought into our facilities during normal opening hours and removed from them during the same hours.
Under no circumstances can we be held liable for the disappearance or damage of goods or other objects contained in the vehicles entrusted to us. Nor shall we be liable for work requested directly from our personnel without our intervention.
11. The customer undertakes to recover the vehicle entrusted to us for works on the date agreed before the end of such works. In the absence thereof, it is expressly agreed between the parties that all risks shall be transferred back to the customer, subject to the booth fee that we shall be entitled to charge him.
12. All disputes shall fall under the exclusive jurisdiction of the Courts of the district of Leuven, unless we, acting as plaintiff, would prefer to bring the dispute before any other competent court. This clause conferring jurisdiction shall not be derogated from, not even in the event of multiple defendants, nor in the event of coherence, interlocutory injunction or recourse to a guarantee, nor in the event of acceptance of a fee, bill of exchange or any other method of payment, for which it is expressly agreed that no renewal of debt shall be effected thereby, nor in the event of carriage paid.