GENERAL CONDITIONS OF SALE
Article 1: OFFERS
The offers from the Société Resto concept are always subject to reservation and without commitment on its part as to the availability of equipment and changes in prices. These may be modified until the conclusion of the contract between the parties. The equipment offered is intended for professional use.
Article 2: ORDERS
- The order made by the buyer is only completed after its acceptance by the Resto concept Company. It is upon this acceptance that the contract between the parties is concluded.</li >
- The order is irrevocable by the buyer and cannot under any circumstances be canceled by him even before acceptance by the Resto concept Company
- Sending an order implies acceptance of all our general conditions of sale.
Article 3: DELIVERIES
- Delivery time: the delivery time is only given by the Restoconcept Company as an indication, it is not mandatory and non-compliance does not give rise to any rights compensation or termination of the order. The buyer is required to accept that his order is delivered in several shipments.
- Place of delivery: all sales are deemed to be made at the head office of Société Restoconcept
- Time of delivery: delivery is deemed to have been made when the equipment leaves the warehouses of Société Restoconcept or one of its suppliers
- Unloading: the ground floor of the address indicated on the order form is deemed to be the unloading location. Impossibility of access will mean unloading in front of the main entrance. Any additional handling, rental or transportation costs will be the responsibility of the buyer
- Compliance of delivery: the equipment is deemed to be compliant when it leaves the warehouses of the Restoconcept Company. If delivery is made by a carrier, the buyer must check the equipment as soon as it arrives. receipt, if he notices any damage, he must note it on the delivery slip and immediately notify the Restoconcept Company. The buyer is also obliged to assign the carrier by registered letter within three days and send a copy to the Restoconcept Company.
- Refusal of delivery: in the event of refusal to deliver equipment following the order or non-performance thereof through the fault of the buyer, the latter will be required to pay to the Company Restoconcept compensation equivalent to 30% of the market price as fixed compensation and irreducible upon termination (amicable or judicial). This compensation may, however, be greater than 30% if the damage actually suffered by the Restoconcept Company is greater than this amount.
Article 4: PRICE
The Restoconcept Company's sales prices are exclusive of VAT according to the rate in effect on the day of shipment (dispatch note as proof).
Article 5: TRANSPORT AND TAXES
Transport costs are the responsibility of the buyer, our conditions therefore apply ex our warehouses in Brussels (Ex Works). All taxes, customs or other fees, as well as any transport insurance costs, are also the responsibility of the buyer.
Article 6: CONNECTING EQUIPMENT
The prices indicated do not include connection costs, nor costs for useful modifications to existing installations for the proper functioning of the equipment, these will be invoiced directly.
Article 7: PAYMENTS
- Invoices are payable in full cash. The delivery of drafts, commercial instruments or the acceptance of partial payments does not constitute novation.
- In the event of partial payments or by drafts, non-payment on one of the due dates automatically renders the existing balance payable for all ongoing transactions between the same parties.</ li>
- Any amount not paid on its due date will bear late payment interest automatically and without prior notice at the rate of 1% per month.
- In addition, in the event of non-payment on the due date, invoices are automatically increased by a lump sum compensation of 15% as conventional damages with a minimum of sixty -five (65) EUR and regardless of late payment interest, which also leads to an immediate suspension of deliveries and any after-sales service intervention.
- All bank and/or postal check service charges are the responsibility of the buyer.
Article 8: RESERVATION OF OWNERSHIP
- The equipment sold will remain the property of the Restoconcept Company until full payment is made.
- The buyer undertakes not to dispose of the equipment until it has been fully paid for.
- The buyer is obliged to inform the Restoconcept Company in the event of seizure of equipment for which ownership belongs to him.
- The Restoconcept Company may repossess unpaid equipment at any time.
Article 9: DISPUTES
- Any dispute relating to the sale must be addressed, duly motivated, to the Restoconcept Company within eight days of delivery of the equipment.
- The buyer does not have the right to suspend payments due to late, partial or allegedly defective deliveries, under penalty of being subject to the conditions set out in article 7.< /li>
- The buyer cannot claim any compensation for loss of goods, following the technical failure of equipment, as well as for waiting for spare parts which would not be not immediately available.
Article 10: WARRANTY AND RESPONSIBILITIES
- The equipment is covered by a guarantee against manufacturing defects for one year from the date of the invoice from the Restoconcept Company (and none for used equipment), it includes labor, travel, as well as the replacement of defective parts, excluding normal wear parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short circuit, training, etc.
- Warranty for all “plug” equipment, i.e. electrical equipment, single-phase (230V/1), with a volume of less than ½ m³ and a weight of less than 30 kg, does not include travel. The buyer will be required to return the defective equipment to the address of the Restoconcept Company and collect it after the intervention.
- This period may however be reduced in the event and to the extent that the guarantee granted to the Restoconcept Company by its own manufacturer is less than one year.
- The warranty on the equipment is specific to the person or company appearing on the purchase invoice, it is under no circumstances transferable to third parties. In the event of movement or reinstallation of equipment, only the Restoconcept Company is authorized to intervene; any intervention on said equipment by third parties without prior written authorization from the Restoconcept Company will result in the loss of warranty coverage. Professional resellers:
- The equipment is covered by a guarantee against manufacturing defects for one year from the date of invoice from the Restoconcept Company (and none for used equipment), it only includes the replacement of defective parts, excluding normal wear parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short circuit, training, etc.…
- This period may however be reduced in the event and to the extent that the guarantee granted to the Restoconcept Company by its own manufacturer is less than one year.
- Spare parts replaced in accordance with the warranty clauses must be returned (carriage prepaid) within 30 days (legitimate requirement of the Restoconcept Company in order to benefit from the warranty itself. its manufacturer), accompanied by the duly completed “TE99” document. After this period, they will be systematically invoiced and due.
Article 11: AFTER-SALES SERVICE
- Hourly rate: any technical intervention, maintenance, training, etc. will be invoiced according to the current rate of the Restoconcept Company. The 1st hour of service will always be charged and the following ones will be invoiced in increments of ½ hours.
- Travel: travel costs will be invoiced according to the current rate of the Restoconcept Company. These will always be payable, even if the interventions did not allow the restoration, and this, regardless of the cause.
- Spare parts: They will be invoiced according to the current rate of the Restoconcept Company.
- Interventions: Will take place every working day from Monday to Friday from 8:30 a.m. to 5:00 p.m. Any request for intervention outside these hours and after agreement with the Restoconcept Company will be increased by a fixed amount of seventy-five (75) EUR, regardless of whether it is under warranty or chargeable.
- Repair in the workshop: The repair of equipment in the workshop is invoiced according to the current rate of the Restoconcept Company. The owner is required to recover the repaired equipment as soon as communication is made by the Company. Restoconcept. If the latter remains unanswered, a formal notice by registered mail will be sent, leaving 30 days to do so. After this period, the Restoconcept Company may not only demand payment for the repair, but also to dispose of the said equipment at its discretion, without the possibility for the owner to claim any compensation whatsoever due to their non-recovery.</li >
Article 12: INTERPRETATION
In the event of a dispute relating to the interpretation of these general conditions of sale, the reference text is that written in French.
Article 13: APPLICABLE LAW AND COMPETENT COURTS
Any dispute is subject to Belgian law. The courts of Brussels have sole jurisdiction.
SPECIAL CONDITIONS OF SALES
Article 1: OFFERS
Offers from the Van Brucekn Group Company are always subject to reservation and without commitment on its part as to the availability of equipment and changes in prices. These may be modified until the conclusion of the contract between the parties. The equipment offered is intended for professional use.
Article 2: ORDERS
- The order made by the buyer is only perfected after its acceptance by the Van Brucekn Group Company. It is upon this acceptance that the contract between the parties is concluded.
- The order is irrevocable by the buyer and cannot under any circumstances be canceled by him even before acceptance by the Van Brucekn Group Company
- Sending an order implies acceptance of all our general conditions of sale.
Article 3: DELIVERIES
- Delivery time: the delivery time is only given by the Van Brucekn Group Company as an indication, it is not mandatory and non-compliance does not give rise to no right to compensation or termination of the order. The buyer is required to accept that his order is delivered in several shipments.
- Place of delivery: all sales are deemed to be made at the head office of the Van Brucekn Group Company
- Time of delivery: delivery is deemed to have been made when the equipment leaves the warehouses of the Company or one of its suppliers.
- Unloading: the ground floor of the address indicated on the order form is deemed to be the unloading location. Impossibility of access will mean unloading in front of the main entrance. Any additional handling, rental or transportation costs will be the responsibility of the buyer.
- Compliance of delivery: the equipment is deemed to be compliant when it leaves the Company's warehouses. If delivery is made by a carrier, the buyer must check the equipment upon receipt. If he notices any damage, he must note it on the delivery slip and immediately notify the Van Brucekn Group Company. The buyer is also obliged to assign the carrier by registered letter within three days and send a copy to the Van Brucekn Group Company.
- Refusal of delivery: in the event of refusal to deliver equipment following the order or non-execution thereof through the fault of the buyer, the latter will be required to pay to the Company Van Brucekn Group compensation equivalent to 30% of the market price as fixed compensation and irreducible upon termination (amicable or judicial). This compensation may, however, be higher than 30% if the damage actually suffered by the Van Brucekn Group Company is greater than this amount.
Article 4: PRICE
The sales prices of the Van Brucekn Group Company are exclusive of VAT according to the rate in force on the day of dispatch (dispatch note as proof).
Article 5: TRANSPORT AND TAXES
Transport costs are the responsibility of the buyer, our conditions therefore apply ex our warehouses in Chelles. All taxes, customs or other fees, as well as any transport insurance costs, are also the responsibility of the buyer.
Article 6: CONNECTING EQUIPMENT
The prices indicated do not include connection costs, nor costs for useful modifications to existing installations for the proper functioning of the equipment, these will be invoiced directly.
Article 7: PAYMENTS
- Invoices are payable in full in cash and before delivery and installation of the order. The delivery of drafts, commercial instruments or the acceptance of partial payments does not constitute novation.
- In the event of partial payments or by drafts, non-payment on one of the due dates automatically renders the existing balance payable for all ongoing transactions between the same parties.
- Any amount not paid when due will bear late payment interest automatically and without prior notice at the rate of 1% per month.
- In addition, in the event of non-payment on the due date, invoices are automatically increased by a lump sum compensation of 15% as conventional damages with a minimum of sixty -five (65) EUR and regardless of late payment interest, which also leads to an immediate suspension of deliveries and any after-sales service intervention.
- All bank and/or postal check service charges are the responsibility of the buyer.
Article 8: RESERVATION OF OWNERSHIP
- The equipment sold will remain the property of the Van Brucekn Group Company until full payment has been made.
- The buyer undertakes not to dispose of the equipment until it has been fully paid for.
- The buyer is obliged to inform the Van Brucekn Group Company in the event of seizure of equipment for which ownership belongs to him.
- The Van Brucekn Group Company may repossess unpaid equipment at any time.
Article 9: DISPUTES
- Any dispute relating to the sale must be addressed, duly motivated, to the Van Brucekn Group Company within eight days of delivery of the equipment.
- The buyer does not have the right to suspend payments due to late, partial or allegedly defective deliveries, under penalty of being subject to the conditions set out in article 7.
- The buyer cannot claim any compensation for loss of goods, following the technical failure of equipment, or for waiting for replacement parts which would not be not immediately available.
Article 10: WARRANTY AND RESPONSIBILITIES
Professional users:
- The equipment is covered by a guarantee against manufacturing defects for 2 years from the date of invoice from the MBP Group Company (and none for used equipment), it includes labor, travel, as well as the replacement of defective parts, excluding normal wear parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short circuit, training, etc.
- The guarantee for all “plug” equipment, i.e. electrical equipment, single-phase (230V/1), with a volume of less than ½ m³ and a weight of less than 30 kg, does not include travel. The buyer will be required to return the defective equipment to the address of the MBP Group Company and collect it after the intervention.
- This period may however be reduced in the event and to the extent that the guarantee granted to the MBP Group Company by its own manufacturer is less than one year.
- The warranty on the equipment is specific to the person or company appearing on the purchase invoice, it is under no circumstances transferable to third parties. In the event of movement or reinstallation of equipment, only MBP Group is authorized to intervene; any intervention on said equipment by third parties without prior written authorization from MBP Group will result in loss of warranty coverage.
Professional resellers:
- The equipment is covered by a guarantee against manufacturing defects for 2 years from the invoice date of the MBP Group Company (and none for used equipment), it only includes the replacement of defective parts excluding normal wear parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short circuit, training, etc.…
- This period may however be reduced in the event and to the extent that the guarantee granted to the MBP Group Company by its own manufacturer is less than one year.
- Spare parts replaced in accordance with the warranty clauses must be returned (carriage prepaid) within 30 days (legitimate requirement of the MBP Group Company in order to benefit from its manufacturer's warranty itself), accompanied by the “TE99” document duly completed. After this period, they will be systematically invoiced and due.
Article 11: AFTER-SALES SERVICE
- Hourly rate: any technical intervention, maintenance, training, etc. will be invoiced according to the current rate of the MBP Group Company. The first hour of service will always be chargeable and subsequent hours will be billed in ½ hour increments.
- Travel: travel costs will be invoiced according to the current rate of the MBP Group Company. These will always be payable, even if the interventions did not allow the restoration and this , regardless of the cause.
- Spare parts: They will be invoiced according to the current rate of the MBP Group Company.
- Interventions: Will take place every working day from Monday to Friday from 8:30 a.m. to 5:00 p.m. Any request for intervention outside these hours and after agreement with the Company MBP Group will be increased by a fixed amount of seventy-five (75) EUR, regardless of whether it is under warranty or chargeable.
- Repair in the workshop: The repair of equipment in the workshop is invoiced according to the current rate of the Company MBP Group. The owner is required to recover the repaired equipment as soon as communication is made by the MBP Group company. If the latter remains unanswered, a formal notice by registered mail will be sent, leaving 30 days to do so. After this period, the MBP Group Company may not only demand payment for the repair, but also to dispose of the said equipment at its discretion, without the possibility for the owner to claim any compensation whatsoever for their non-recovery.
Article 12: jurisdiction clause
Any dispute arising from the execution or interpretation of these special conditions of sale will be subject to the jurisdiction of the MEAUX commercial court.
Van Brucekn Group BE 07 55 68 51 31