STANDARD TERMS AND CONDITIONS OF SALE AND SUPPLY
Any offers by our firm are non-binding and they must be confirmed in writing. The prices stated in our offers and quotations are to be read as excluding taxes. We give no guarantee regarding any kind of oral communication, declaration or agreement. The delivery times are stated purely for information. Delay in delivery cannot give any grounds for cancellation of the order or compensation. In the event of occurrences of force majeure, in particular strike, flood, fire, war or bad weather, Pesch Machines S.A. is released from its obligation to deliver.
A purchase order will not become a contract order until receipt of an order form from the buyer. We are a reseller of used machines and not a machine manufacturer. For this reason we cannot give any kind of warranty. This also applies with regard to the safety standards required by the European Community or by other countries.
We strongly recommend that the buyer performs an inspection before bringing machines into use.
The favour that we do you by supplying you with the plans and operating instructions, if available, with the machine, do not oblige us in any circumstances to accept liability in this regard. We cannot ever guarantee that these documents are genuine. So we ask you, for instance, to check the identification numbers for the substructure on the machine and on the plans. This section of our “Standard terms and conditions of sale and supply” is indispensable.
The risks and hazards (loss, theft, damage) associated with the transportation and delivery of the machines, even if the goods are delivered free of transport costs, are the responsibility of the customer, regardless of how the machines have been delivered. This applies from the date on which the goods were made available by our employees and relates to damage that might occur to the goods and damage that third parties might suffer. The goods remain our property until full settlement of the amount due. Any complaint must be made to us in writing by registered letter within a period of 8 days following delivery of the goods. If this is not the case, it is assumed that the customer has accepted the delivery without reservation. The penalty is limited to 10% of the purchase amount and to a maximum of 10,000 Euros. Our invoices are to be paid upon delivery. In the event of arrears with payment, the invoice amount will be increased by law and without warning upon expiry of the due date by 15% of the invoice total plus interest.
By the operation of law, any purchase contract concluded between a customer and our company means that the buyer consents to our standard terms and conditions of sale without reservation. Any standard terms and conditions of purchase of the customer that conflict with the present terms and conditions are not binding on Pesch Machines S.A., if even we have been made aware of these customer’s terms and conditions. Only the courts of Eupen and Verviers have jurisdiction.