General terms and conditions of sale
for the private limited company teknihall Benelux BV for the delivery of goods, the execution of repairwork en for quotations
1. Field of application.
Except for a deviating written agreement, referred to on the front page of our invoice, delivery note, order form or quotation, all our sales, deliveries and repair activities are considered to be concluded in accordance with the following general conditions, with exclusion of all others, including those mentioned in the documents of the customer. The following general conditions are accepted by the customer through the mere fact of negociating with or entering into an agreement with teknihall Benelux BV.
2. Quotations.
Product collections which are offered for sale by teknihall Benelux BVBA on the internet, in catalogues, advertisements or other media are only indicative.
Our quotations are only valid during the therein mentioned time period. If no period was mentioned, a time period of 14 days after their date is valid. Only legal representatives of teknihall Benelux BV can make valid agreements.
Our quotations and specifications are made based on the data provided by the customer. Every change of these data implies a price revision of the quotation or specification.
3. Delivery and execution delays.
All mentioned delivery and excution delays are always indicative and without any commitment from our side. These delays will be respected though where possible. Damages will not be granted on the occasion of an eventual overrun of these delays. Furthermore : the customer does not have the right to undo the agreement or order and/or to refuse the reception of the goods and/or the execution of the work and/or the payment.
For problems or questions concerning deliveries, you can get help through our customer helpdesk.
If the article you received was not the article you ordered, or if the article arrived damaged, you can return it to teknihall within 7 days after reception.
teknihall will exchange or refund the article after reception of the returned device.
4. Orders.
Every order or work is subject to establishing a by the contracting parties signed quotation or order form.
Every cancellation by the customer should be transferred to our company in writing. Every cancellation acceptance for any reason, gives teknihall Benelux BV in every case the right to collect the complete foreseen financial compensation, without prejudice to the right to claim the integral damages for every suffered loss.
5. Processing personal details.
teknihall Benelux BV guarantees that personal data is being processed in compliance with the GDPR (General Data Protection Regulation) legislation. The personal data will be solely used to execute your order. The personal data you supplied is treated most carefully and with confidentiality.
6. Force majeure.
In case of force majeure, we will have the choice between :
- cancelling a not yet completed agreement and invoicing the already delivered goods and services, or
- postpone the delivery or execution until the circumstances causing the force majeure cease to exist. Every circumstance beyond our intention, preventing the normal execution of the agreement will count as force majeure, including the insufficient delivery or production of goods, parts or raw materials. We will, by no means be bound to pay or provide any indemnity.
7. Costs and risks.
The delivery and acceptance of the goods always takes place in our premises, even if these are delivered to the customer’s door by our intervention and freight paid. As soon as the goods have left our premises, every risk is supported by the customer.
8. Complaints.
No complaint concerning our goods, services or invoices is admissible, unless it was adressed in writing by registered post to teknihall Benelux BV within 7 calender days after reception of the order / repaired article / invoice. This complaint concerning the nature, quantities, qualities and outward appearance must furthermore be generated the moment of delivery and be mentioned on the original transportation document presented by us or our transporter. Except for our written consent, no return shipment will have any legal consequence; the reception of the returned goods is always with reservation : it never implies a consent with the returning of the goods. The existence of complaints does not discharge the customer to pay our invoices on their expiry date.
9. Reneguing right of the end consumer concerning a purchased good.
The Belgian law concerning business affairs and information and the consumer protection of 14 july 1991, permits the purchaser to inform the seller that she/he renounces the purchase within 7 days after reception of the goods. The goods must be (unopened) returned within the foreseeable / not too distant future (3 days) after notification. Every stipulation where the consumer may abandon this right is invalid. If a customer wants to return a received good because she/he changed her/his mind, she/he is allowed to do so within 7 days following its reception. The customer shall cooperate in returning the good(s). Furthermore she/he will pay for the returning costs.
This reneguing right is not applicable to repairs carried out by us.
10. Payment.
If you order an article from our webshop, you will receive an order confirmation. This confirmation summarizes the total cost amount and mentions our bank account number.
We invite you to transfer this amount within 7 working days on our bank account. After reception of your payment we will proceed in delivering the goods.
Unless otherwise agreed in writing, all our invoices are payable on their date in cash, without deduction.
On the occasion of not paying an invoice on its due date, the total amount of all unpaid invoices, even not expired, will be legally claimable in their integrity, increased with following indemnities. Every amount due will legally and without proof of default provide a yearly late payment interest of 10%. Furthermore, every amount due will be increased with a damage of 10% with a minimum of €50,00 per invoice, to compensate extralegal recovery and administration costs. These costs come on top of these of an eventual institution of legal proceedings and the execution thereof
11. Retention of title
All our sales and deliveries always take place under the suspending condition of complete payment and we keep the property right of the delivered goods until the complete payment of the due amount. Until the complete payment, the customer may not transfer the goods, nor may he execute the right of disposal or modification of these goods. Every risk of damage or loss of goods is to be carried by the customer. In case of non-timely payment, we will have the right to call back the goods on the customer’s risk and cost, even if these are already installed or became immovable, without the need of a legal intervention, while we became irrevocable competent through his order, without prejudice to all our other conditions.
12. Solvability.
We will always have the right to ask for advances or the complete amount due. In all cases, we will have a retention right on all property goods of the customer, until complete payment.
13. No novation.
The emission of commercial documents and/or an accepted or non-accepted bill of exchange for the complete or partially payment of invoices or for securing the payment, and/or the permission of payment stipulations will never imply a novation and/or a renunciation of the present general terms and conditions of sale. In all cases, our general conditions will be completely applicable.
14. Warranty.
We solely grant warranty on delivered goods from our side. This warranty is in all cases restricted to the warranty granted bij the manufacturer or supplier. Furthermore is this warranty restricted to shortcomings due to a design-, production or component fault, and also to rendering available of replacement goods or parts, with the exclusion of all costs of every kind, like traveling, wages etc.
The customer should deliver the concerned goods at teknihall Benelux or arrange a return by our transporter. Practical arrangements can be made with our transporter. All in warranty replaced goods always become our property. The customer only enjoys a warranty on hidden faults after a written registered announcing within 24 hours after discovery of the fault, or reasonably should have been known. Non-hidden faults are only indemnified if they are announced immediately on the delivery note or transportation document.
Every warranty claim expires :
- at improper use, misuse or use of devices deviating from the prescripted directions of that device
- in case of lack of surveillance or maintenance, of humidity, corrosion, pollution or other external causes like a lightning strike
- in case of unauthorized repairs, alterations, replacement or adding parts, or other manipulations like opening the device not performed by our staff
- in case of selling or renting the device to third parties
- in case of non-complying with the obligation to pay us
Furthermore, we will never be held liable for any indirect damage, nor for any damage in the exploitation or loss of profit, nor for damages or losses of third parties.
14bis. Warranty on consumption goods.
The guarantee on consumption goods is taken into account in accordance with the law of 1 september 2004 concerning the consumer protection at the sale of consumption goods, with the following addition :
- the consumer should notify the seller within 2 months after discovering of the shortcoming. The customer should do this with a registered written notification or by presenting the device to our repair service in person or through our courier service with a well described shortcoming. Failing to do so, the warranty expires. With the compensation or repair, the exacerbation of the damage caused by the continued use of the device by the consumer after se/he had discovered or should have discovered the shortcoming will be taken into account . This exacerbation comes fully at the expense of the customer.
15. Rescission.
If the customer fails to execute one or more commitments, we will have the right on one hand to call for the forced execution under the present general terms and conditions or to legally dissolve the agreement without any notice of default among other means by a registered written notification or facsimile. In case of a rescission, the customer shall pay what was already delivered and executed, and on top of that an indemnification of al our damage, with an absolute fixed minimum of 30% of the agreed price VAT included.
16. Work.
For work and repairs, our warranty is also restricted to the exchange or repair of our executed work.
We are never responsible for any damage to constructions, buildings, the arrangement thereof and peripheral equipment. All adaptations, replacements, repairs, extensions and/or othre work which is not explicitly mentioned in the agreement, are never included in our prices. If these are awarded to us, these will be billed on a time and expense basis.
17. Completion.
We will always have the right to let sign by the customer or his representative an order form, delivery form or work form at the occasion of every complete or partial delivery, performance and/or repair. The delivery of works shall always deemed to have taken place upon the completion of the works and in any case upon occupation/ operation/ use/ service/ commissioning.
18. Disputes.
All agreements are subject to the Belgian law. In case of dispute, only the court of justice of Antwerp is competent.
19. Invalidity of a clause.
In case one of the clauses of the general terms and conditions should be considered invalid, this invalidity will not affect the validity of the other clauses.