Only these terms and conditions, both general and specific, apply to all sales in Belgium and in the Grand Duchy of Luxembourg, to the exclusion of any terms and conditions stated by the buyer, except those accepted by us through a written and signed agreement. For the purposes of these terms and conditions, the seller is Duomed Belgium NV, with registered office at Oeyvaersbosch 12, 2630 Aartselaar. The buyer is understood to be any party that undertakes towards the seller to purchase goods or services.
If any of these general terms and conditions are amended during the term of the agreement, such amendments shall apply in full unless the buyer submits a written objection within 14 days after the amended general terms and conditions have been brought to the buyer’s attention.
The possible invalidity of any provision of these general terms and conditions shall only result in the invalidity of that provision and shall in no way affect the validity of the other provisions contained herein. Where specific terms and conditions stated on the order form deviate from the general terms and conditions of sale, the deviating specific terms and conditions shall prevail, it being understood that all other provisions of the general terms and conditions shall remain applicable.
The sale is concluded upon the submission of an order form or the signing of a contract by the buyer. Without prejudice to the returns policy described in Article 9, the buyer may not unilaterally cancel the sale.
All goods or software sold shall remain the property of the seller until the full purchase price has been paid, including, where applicable, late-payment interest, compensation and similar charges. The buyer shall, however, be responsible for any damage to or loss of the goods.
If the goods sold are delivered to the buyer before full payment of the agreed purchase price, the buyer shall affix a clearly legible notice to the goods indicating that they remain the property of the seller and, where necessary, shall inform the secured creditor and the landlord by registered letter, with a copy sent to the seller.
All prices are net prices, ex warehouse, with packaging charged at cost, unless otherwise expressly stated. Prices are calculated on the basis of the exchange rate, taxes and duties applicable on the date the contract is concluded and are subject to changes resulting from fluctuations in one or more of the aforementioned factors.
For orders of less than €500.00 excluding VAT, a handling fee of €50.00 will be charged.
The stated delivery times are provided for information purposes only and are therefore not guaranteed.
Delivery shall be deemed to take place at the buyer’s premises or at another location agreed in advance. The seller’s delivery obligation is limited to the subject matter of the sale as described in the order form.
Any complaint must be submitted to the seller in writing within 7 days following delivery. After this period, no complaints concerning visible defects, construction defects or execution errors will be accepted.
Complaints relating to hidden defects shall only be considered timely if they are reported to the seller in writing within 7 days after discovery of the defect. Any legal action based on hidden defects shall be deemed late if initiated more than two months after the defect became apparent.
The seller provides the equipment with the specified standard warranty starting from the delivery date. For software, repairs and the provision of services, the warranty period is limited to 3 months.
The seller’s warranty is limited to construction defects or defects in raw materials. In any event, the warranty does not cover accessories or operating components made of glass, rubber, plastic or synthetic materials. For such components, the warranty provided by the original manufacturer shall apply.
The seller’s warranty is limited to cases in which the goods are used by the buyer under normal conditions and in accordance with the written instructions of the manufacturer or seller. The warranty shall therefore not apply, among other cases, where malfunction is due to improper use or insufficient maintenance or monitoring.
The warranty shall lapse if the buyer modifies or has the goods modified without the seller’s consent, or if repairs are carried out by a third party.
The seller’s warranty is limited to the repair or replacement of the defective goods. In the event of repair, labour hours shall only be charged if the work is carried out outside normal working hours.
No compensation may be claimed from the seller for additional charges, costs, damage or losses, such as compensation for the unavailability of equipment during the period required for repair.
Any intervention by the seller shall under no circumstances result in an extension of the warranty period. Goods replaced or defective parts covered under this article shall be made available to the seller and surrendered by the buyer.
The submission of a complaint by the buyer shall in no way release the buyer from the obligation to comply strictly with the payment terms.
Unless otherwise agreed in writing, invoices are payable within 30 days of the invoice date. The invoice amount must be paid net. Any costs associated with payment shall be borne by the buyer.
If no objection is made within 7 days after the invoice is sent, the invoice shall be deemed accepted.
In the event of non-payment by the invoice due date, the invoice amount shall automatically and without prior notice be increased by fixed compensation of 10%, subject to a minimum of EUR 40, and late-payment interest of 10% shall be payable on the entire amount from the invoice due date.
In the event of continued non-payment, the seller shall be entitled, automatically, without prior notice and without judicial intervention, to terminate the sale out of court. In such case, the buyer shall owe the seller fixed compensation equal to 30% of the purchase price, which shall automatically be offset against any advance payments already received.
In the aforementioned case, the seller reserves the right to claim higher compensation where the actual loss suffered is greater.
Any failure by the buyer to fulfil its obligations shall entitle the seller to suspend its own obligations, without prior notice or formal notice, until the buyer’s failure has been remedied.
All goods belonging to the buyer that are located in the seller’s warehouses or workshops may be retained by the seller as security for payment of any amount owed by the buyer arising from the relationship between the parties.
All orders for goods are final. Except in the event of an error by the seller, the return of purchased goods delivered to the buyer may be considered in one of the following cases:
The buyer made an error in the quantity ordered or the item number;
The buyer wishes to exchange a purchased item for an alternative product from the seller’s range.
Regardless of the reason for the return, a return may only be considered if:
The product is a stock item;
The goods are in their original, undamaged packaging;
The products have a remaining shelf life of at least 6 months at the time they are returned to the seller;
The return request is submitted as soon as possible and no later than one month after delivery.
Sterile products or medicines may not legally be returned and are therefore never covered by this policy.
The buyer shall arrange the return transport to the seller at the address from which the goods were purchased. If the seller arranges transport of the returned goods, the transport costs shall be charged to the buyer.
Following inspection and acceptance of the return, 75% of the value of the goods shall be credited and 25% shall be retained as a restocking fee, subject to a minimum amount of EUR 15.
This applies only to the value of the goods excluding VAT. Any delivery or administrative costs shall not be credited.
Returned goods that are damaged and/or broken shall not be credited.
The following circumstances, if they occur after the conclusion of the agreement and prevent its performance, shall expressly be considered force majeure: strikes, lock-outs and all other circumstances beyond the seller’s control, including, among others, fire, mobilisation, requisition, embargoes, monetary restrictions, riots, lack of means of transport, shortage of materials, restrictions on the use of motive power or electricity, and late deliveries by the seller’s suppliers.
If such circumstances occur, the period granted to the seller for fulfilling its obligations shall be extended, and the seller shall not be liable for any resulting delays.
If such circumstances continue for more than six months, either party shall have the right to terminate the agreement by registered letter, without any entitlement to compensation.
In the event of any dispute, regardless of the place of delivery, only the courts of Antwerp shall have jurisdiction to settle the dispute, it being understood that the Justice of the Peace of the canton of Boom shall have jurisdiction over disputes falling within its subject-matter jurisdiction.
Agreements between the buyer and the seller shall be governed exclusively by Belgian law, excluding the Vienna Convention of 11 April 1980.
Update: 16/09/2024
