GENERAL TERMS AND CONDITIONS
1.The following general terms and conditions are exclusively valid on all markets where Beweng S.A. acts as a seller, unless expressly agreed otherwise in writing. Consequently, by accepting an agreement with Beweng S.A., the customer, hereinafter referred to as the purchaser, expressly agrees to these terms and conditions and waives the right to invoke its own or any other terms and conditions, whether general or specific, printed or not, unless they have been approved in writing by the seller.
2.The prices and conditions in the offers are non-binding for the seller. An order is not binding on the seller until it has been confirmed by the seller in writing. The sending of the goods or the invoice can replace the written acceptance by the seller.
3.Unless otherwise agreed, prices are to be understood ex warehouse. Depending on the order size and transport circumstances, acontribution to the transport costs may be charged.
4.Prices are always exclusive of VAT, unless otherwise agreed.
5.The selling prices stated in the Seller’s price lists are based on the purchase prices known on the date of the offer. Any price changes made by the Seller’s suppliers and any changes in the conversion rate of foreign currencies shall automatically result in an adjustment of the selling price quoted in the offer, the adjustment being of the same amount.
6.The prices do not include the value of the pallets and packaging and other ancillary costs: these will be invoiced separately whereapplicable. The conditions for taking back pallets and packaging shall be specifically agreed between the two parties. The cost of unloading by crane will be invoiced on the basis of the fee or unit rate notified to the buyer. The unloading of heavy objects such as safes onto a concrete slab shall only be carried out under the express responsibility of the buyer, who must inform himself about their stability.
7.Delivery shall be made on foot from a lorry, provided the road is passable. Unloading or the costs arising therefrom shall be borne by thebuyer, who shall also bear the costs arising from the poor condition of the roads or the impossibility of unloading the delivery.
8.Delivery deadlines are given for information only and start from the date of full receipt of the deposit. Their non-compliance therefore does not entitle the buyer to any remedy or action for dissolution.
9.In his absence, the buyer declares that he authorises any person present at the place of delivery to validly take receipt of the goods and waives any action or claim for failure to take receipt of the goods in person.
10.The buyer is obliged to either take the purchased goods as soon as they are available in the warehouse or to accept delivery within twoweeks. After expiry of this period, storage costs may be invoiced.
11.Invoices are payable in cash without discount, unless the seller grants a different case. The costs of payment shall be borne by the buyer .
12.The Seller reserves the sole discretionary right to accept or reject the opening of a Customer Account for natural or legal persons whohave requested it. The Seller expressly reserves the right to close or suspend the use of the Customer Account and future and current orders,in particular in the event of late payment of invoices. In this case, all other invoices, even if not yet due, shall become due immediately.During the fulfilment of the formalities for opening the buyer’s account, all purchases must be paid for in cash.
13.Any invoice not settled by the agreed due date shall be subject to interest on arrears by operation of law from the due date of the 2ndreminder at the rate of 2% (consumer) and 8% (commercial, public authority, government) on the principal claim including taxes, fees,duties and other charges.
Retention of title
14.The goods sold remain the property of the seller until the buyer has paid the price in full.
15.In addition, the seller reserves the right to have the deed recording the sale rewritten in order to avail himself of the seller’s privilege provided by law.
Dunning fees and collection costs
16.All invoice amounts due that are not paid within eight days after sending the second reminder will be increased with reminder fees of a minimum of € 20 (consumer) and € 40 (business, public authority, state). If the invoice amounts due, reminder fees and interest on arrears are not paid within eight days after the third reminder has been sent, will also incur collection costs by calling in a lawyer or a collectionagency.Return and exchange
17. returns or exchanges must be expressly accepted by the seller. In the event of acceptance, it is compulsory for the buyer to present the invoice or the receipt and the delivery note relating to the returned or exchanged goods. No exchange can be made after the expiry of the period of 30 days following delivery. Only goods that are kept in stock and are in their original packaging can possibly be exchanged. Inthe event of a return, the buyer must request in writing whether he wishes the returned goods to be collected by the seller. In the latter case, 20% of the price of the goods will be withheld from him for transport costs and other charges. If the buyer carries out the return himself, only 10% of the price of the goods will be retained as costs. In the event of a return, the buyer will receive a voucher or credit note valid for three months.
Liability and complaints
18.The seller’s liability for the non-fulfilment of its contractual obligations can only be asserted in the event of gross negligence on the part of the seller. In principle, the seller bears no responsibility for the products sold. However, a judicially established liability of the seller cannot result in damages exceeding € 12,500.
19.Any complaint must in principle be made upon receipt of the goods or must be submitted in writing within 8 days of delivery. However, a complaint can only be accepted before the goods are processed.
20.The goods shall be deemed to have been received and approved prior to departure or as such by the request for delivery. Minor discrepancies between the goods delivered and the samples submitted with the order shall not entitle the buyer to make any complaints, provided that proper use is not impaired. Should it be materially impossible for the seller to execute the order within the specified time limits, the seller reserves the right to replace the goods originally envisaged with goods of equivalent quality.
21.Beweng S.A. grants a two-year legal guarantee on all product deliveries and self-performed assemblies. Any complaint must be submitted by registered letter immediately after the occurrence of defects.
22.This contract is governed by Luxembourg law. The courts of Luxembourg shall have exclusive jurisdiction.
23.The order is concluded on the terms and conditions set out above, of which the buyer confirms that he has taken note. Acceptance of delivery shall be deemed acceptance of the General Terms and Conditions. In the event that one or more of the above provisions is deemedinvalid, it is stipulated between the parties that all others shall continue to apply.