1. General terms and conditions
The present general terms and conditions shall invariably prevail over any general terms and conditions of purchase the client may seek to impose. Acceptance of the offer shall imply the client’s full acceptance of the present terms and conditions.
2. Joint and several liability
In cases where the contracting party is acting on behalf of a principal, both the contracting party and the principal shall be jointly and severally liable for payment.
3. Orders / Agreement
Orders shall be placed in writing; the agreement shall come into effect once AUTOACCESS is in receipt of the acceptance of the offer or, where appropriate, once the deposit sought by AUTOACCESS has been paid.
All our prices are inclusive of VAT. Buyers exempt from VAT shall furnish the necessary statutory proof to that effect at the time of purchase and shall fully indemnify us in that respect. Working hours relating to the fitting of products shall be invoiced for at a prearranged sum or in accordance with the specifications.
5. Payment terms
1. All our invoices are payable in cash unless otherwise agreed.
2. Any invoices that are not settled in cash or that remain unpaid on their expiry date shall automatically and without any formal notice be subject to: - moratorial interests at the rate of 1.5% per month, as of the delivery date or expiry date; - fixed penalties of 20% with a minimum of € 75 and a maximum of € 1500.
3. Deposits shall not be refunded on any account. Clients who wish to cancel an order shall be charged a fee of € 50 to cover administrative costs.
• Delivery lead times, given in good faith, shall be construed as an indication on the part of the client and shall by no means constitute an essential condition of sale. On no account shall the client be entitled to damages if a delivery is performed late.
• Products that have been delivered cannot be returned or exchanged under any circumstances.
• Complaints concerning damage to products at the time of delivery or collection shall only be entertained provided the damage is recorded on the accompanying documents in writing and the problem has been signed as correct by the carrier and/or the AUTOACCESS representative.
• Clients shall only be entitled to exercise their rights with regard to any grievances concerning goods that have been delivered provided they submit their complaint in writing within five days of the goods having been received.
7. Reservation of title
The goods supplied shall remain the property of AUTOACCESS until such time as the buyer has settled the relevant invoice in full. AUTOACCESS shall be entitled to seek the return of the goods by registered letter until such time as they have been paid for in full. However, any risks are transferred to the client as soon as the goods have been delivered.
8. Product liability
AUTOACCESS shall on no account be held liable for any defects to and/or faults in products that have not been manufactured by AUTOACCESS or for any direct or indirect damage that may ensue from same. In cases where the client is of the opinion that a certain product, which has been paid for in full, is defective and/or faulty, he may return the product, to which a label featuring the name and the address of the client has been affixed, to AUTOACCESS who, for a fee of 20% to cover any ensuing administrative costs, shall take the necessary steps to present the case to the manufacturer with a view to having the product replaced. Goods are invariably returned at the buyer’s own risk and expense. In addition, AUTOACCESS shall, if it deems that the product is indeed marred by a manufacturing fault, replace and/or repair the product in question and invoice the client a fee in proportion to the client’s usage of the item in question. Where appropriate, the contracting party shall not be entitled to any compensation for the immobilisation of the vehicle.
9. Work performed on the client’s vehicle
Any alterations to the vehicle shall be performed at the client’s explicit request with the result that AUTOACCESS shall never be held liable for the vehicle’s non-conformity with the prevailing technical requirements and/or PVG (Certificate of Conformity) ensuing from the work it carried out. AUTOACCESS hereby explicitly draws the client’s attention to the fact that, in order to guarantee the safety of any work involving the removal of the vehicle’s wheels, the insert nuts should be checked several times, and for the first time after +/- 100 km, either during a subsequent visit to AUTOACCESS, or by a third party at the behest of the client, or by the client personally.
10. Applicable law
The present terms and conditions are governed by Belgian law. The courts of Antwerp shall have jurisdiction.