Article 1: Applicability
These terms and conditions are applicable to the services and products supplied by HAYEN LASER TECHNOLOGY ( HLT ) BVBA.
Current conditions govern the contractual relationship between the parties where the conditions of the buyer are explicitly excluded.
Article 2: Offer and order
Tenders give by HLT BVBA are indicative only.
Only if there is a written order from the buyer, there will be an agreement between the parties. The written order of the purchaser is given by way of his signature.
The goods meet the specifications listed on the order form. If there are no specifications listed in the order, the common specifications of the metal sector are used.
Article 3: Delivery
3.1 Delivery Time
The delivery time on the order form is only indicative, no rights can be conferred. If delivery occurs later than specified in the order, the purchaser is not entitled to any compensation or refusal of the delivery.
3.2 Ex works
Unless otherwise agreed, the goods are delivered and accepted at the factory. If the buyer does not pick up the goods in accordance with the agreements made, the original delivery deadline expires. After lapse of 10 days HLT BVBA will, without prior notice, consider the agreement dissolved. HLT BVBA also reserves the right to claim damages they suffered from the late pick-up by the buyer.
If the customer wants the goods to be delivered in a different place, this must be requested in writing. All transportation costs will be borne by the customer. The customer has the option to take an insurance for the transport. If the customer so wishes, this should be stated in writing with the request of the transport.
Item 4 : Risk and transfer
The transfer of the risk of the goods takes place at the time of delivery. From here on the buyer bears the full risk of the goods and is liable for the damage and loss of the goods.
The transfer of ownership takes place after the full payment of the agreed price. As long as the payment is not made in full, the buyer is not entitled to pawn the goods or use them as a collateral.
Article 5: Warranty
5.1 Visible defects
The non – compliance of the goods and visible defects are to be reported to HLT within 48 hours after delivery by registered mail. Failing this, the buyer’s complaint will be considered as inadmissible by HLT BVBA.
In the event that goods are delivered directly to a processor for further treatment without them being seen and approved by the buyer, then HLT BVBA will not be liable for any non-compliance.
5.2 Hidden defects
A claim based on hidden defects will have to be set within one month after discovery of the defect in accordance with article 1648 of the Belgian Civil law. In addition, the claim must be set within one year after delivery. Otherwise the claim will be inadmissible.
5.3 Material of the buyer
In the case that the buyer provides material to HLT BVBA for processing, the full risk of the material stays with the buyer. If manufacturing defects occur, the buyer will also be responsible for delivering extra material to HLT BVBA. HLT BVBA is in no way liable for any damages or replacing of material.
The liability of HLT BVBA is excluded if the damage is caused by the confluence of a defect and blame by the victim.
If a complaint is found to be admissible and well founded, the obligation of HLT BVBA is limited to replacement and/or repair of the goods. The damages cannot be higher than the amount of the order.
5.6 Force Majeure
HLT BVBA is in no way liable in case of force majeure. ( Not limited to: accidents, war, strikes, riots, fire,… )
Article 6: Default by the Buyer
In case of non-compliance with the obligations of the buyer HLT BVBA has the right to cease all deliveries. If the buyer does not respond within 10 days to a formal notice, HLT BVBA considers the agreement between the parties to be dissolved in whole or for the part not yet manufactured. Notwithstanding this, HLT BVBA has the right of a 20% compensation of the invoice amount as compensation for expenses and loss of earnings. Late payment of an invoice, renders all other invoices due. Every complaint must be made within eight days by registered mail. If this deadline has expired, the goods are considered approved and accepted by the buyer.
Article 7: Payment
Invoices are payable immediately upon delivery, except as otherwise agreed in writing.
Late payment will, by law and without notice, increase the invoice amount by 8% interest annualized. Moreover, there is legally a fixed compensation of 10% of the principal amount, with a minimum of € 75.
Article 8 Disputes
All agreements of HLT BVBA are according to Belgian law. In case of dispute, the courts of the district of Hasselt have exclusive jurisdiction.