NEXTEL NV - GENERAL CONDITIONS OF SALE
- Unless otherwise agreed in writing, the legal relationship shall be governed by these general conditions with which the client declares to be familiar, and these conditions shall prevail over the sales conditions of the client.
- All our offers are on a no-obligation basis. Taxes are not included in our prices. All prices given are always based on salaries, social security costs and price of materials, valid on the day of the offer. Changes in official prices, as legislated for by the legal provisions, shall automatically imply corresponding changes for the prices fixed in the contract. This proportional increase may also be applied to a part of the order or assignment.
- The transport and shipping of our goods, by any means of transport whatsoever, shall be carried out at the risk of the recipient, even in the event of prepaid shipping. All delivered goods may be invoiced immediately, regardless of their installation. The return of goods shall only be accepted if we have given our prior agreement in writing. The customer is advised to back up its data because Nextel is not responsible for its loss. During movement of the goods the customer should exercise the necessary caution. (More specifically, for example, the reading head of the hard drive should be secured.)
- Our appliances, spare parts and assemblies are provided with a guarantee running for six months starting from delivery date; said guarantee covers manufacturing defects provided the devices and spare parts have been assembled and used in accordance with the technical regulations in this area. Such observations may only be made by our personnel.
The guarantee is exclusively valid for the materials needed for the replacement of defective parts; defects shall not give rise to any compensation whatsoever. In the event that we are fulfilling the role of intermediary, the guarantee for goods delivered by us will be limited to that provided to us by the supplier or manufacturer.
- Except in the event of a bilateral agreement to the contrary, or if a due date is mentioned on the invoice, all our invoices are payable in cash to the address mentioned on the invoice. With our prior agreement, invoices are payable 30 days following date of invoice + 2% increase. In the event of cancellation of the order we will charge an amount equal to 50% of the total order amount or higher if damage can be proved
- All goods that are not fully paid-up shall remain entirely the property of our company, in a departure from Article 1583 of the Civil Code; any down payments made shall serve as compensation for costs incurred and loss of profit. The customer should insure the delivered merchandise until full payment has been made.
- Any delay in payment shall give us the right to postpone further deliveries, so as to avoid increasing the outstanding amount and without any prior notice provided on our part.
- The delivery of goods and/or the provision of services at a date later than that anticipated shall not give rise to the cancellation of the order or to the termination of the contract, nor shall it constitute grounds for any compensation whatsoever, except in cases of dishonesty or gross misconduct on the part of the supplier.
- Failing payment in cash or in the event of non-payment by the fixed due date, the invoice amount shall ipso facto and without prior notice be subject to legal interest of 1% per month, counting from the date mentioned on the invoice or the fixed due date. Each month started shall be considered as a complete month.
- In addition, the amount due shall ipso facto and without prior notice, as a fixed and irrevocable clause, be supplemented by 10% with a minimum of € as compensation for balance collection costs (such as personnel and administrative costs, management and follow-up of the file, effect on financial management, etc.), in application of Articles 1147 and 1152 of the Civil Code.
Said indemnification is due in addition to penalty interest, procedure costs
and possible compensation for material damages or loss of profit.
The parties expressly agree that said compensation is fixed and may only be adjusted in the event of a departure from Article 1231 of the Civil Code, even if only partial notification is provided.
- Non-payment of the balance of a single invoice shall ipso facto constitute grounds for immediate payment of the amount due for all other invoices, even those not yet due.
- In the event of a dispute, the buyer acknowledges the sole competence of the courts of the district of Antwerp.
- Any complaints relating to the delivery of goods and the provision of services and/or performance of work must be conveyed by registered letter with justification within the 8 days following the date of delivery of the goods or the performance of the work for visible defects and for hidden defects within the 8 days following the date said defects are observed. Such complaints shall not postpone the payment obligation.
- Any comments or limitations concerning invoices and/or the general conditions of sale mentioned thereupon must reach us by registered letter with justification within the 8 days following the date of the invoice.
- The client accepts the software license conditions of the supplier or manufacturer. These will be available to the client by simple request.
- Intellectual property - Models, techniques, instruments, including software and/or software and/or applications developed by Nextel, used for carrying out assignments shall remain Nextel's property. Consequently, Nextel's permission has to be sought for any disclosure to be authorized. The other party is obviously entitled to reproduce documents for use in the party's own organization, where such use is appropriate for the purpose of the assignment. Should the assignment be terminated the foregoing shall apply with the necessary modifications.
- Lastly, Nextel shall also expressly accept no liability for loss or damage as a result of external factors such as quality of supplied electricity, or any accidental causes whatsoever, such as fire, water, building collapse, etc. Nextel cannot be held liable if it is unable to fulfil its obligations for reasons beyond its control. In particular, the above also applies to elements introduced unwittingly by third parties, for example viruses that interfere at some point with the use of the computer or parts thereof (including the program or programs) or render such use impossible. Nextel cannot be held liable for any loss or damage incurred during the performance of services which it has been instructed to carry out.”