1. Offers and quotations: An order may only be considered accepted once it has been confirmed by us in writing. This also applies to any amendments and/or agreements with our delegates. Deliveries shall include only the material described in the offer.

2. Delivery Terms and Conditions: Incoterms® 2010 shall apply to all transactions. The delivery dates given are entirely without obligation. They are retained by us as much as possible. Any delays can in no case give the customer cause to revoke his order. Without express and written agreement on our part, no compensation can be claimed from us as a result of delay in delivery. The delivery period only commences on the day of our written confirmation to the customer. However, under the aforementioned proviso, compliance with these conditions is subordinate to the obligations to be fulfilled by the customer. We are released from any commitment regarding the delivery period if: -information or documents to be submitted by the customer are not in our possession in time; -changes are requested by the customer during the execution of the order; -the terms of payment are not met by the customer. If the fulfillment of our obligations is prevented – either by the client, or by accident or force majeure, or by any cause beyond our good will, or by the carrier – the performance of the contract shall be suspended for a corresponding and equitable period of time, if it is only a temporary impediment, and rescinded if the impediment proves to be permanent. In either case, no compensation can be paid by us.

3. Cancellation: In the event of cancellation of an order, the Orderer will always be obliged to pay for the expenses and costs already incurred, which are fixed and set at a minimum of 20% of the price of the entire order, without prejudice to our right to prove and recover the actual expenses and costs.

3a: Return of orders via webshop is possible up to 14 days after delivery but only when these materials are unused, undamaged and still in the original unopened (blister) packaging. Shipping charges are not refundable.

4. Prices: Our sales prices are for goods in our warehouse. Our prices expressed in Euro are calculated on the basis of the market conditions (raw materials, currencies, etc.) prevailing at the time, and may be subject to revision according to changing market conditions. Our sales are made on the basis of the transport and customs rates in force on the day the contract is concluded. In case these rates are increased, we reserve the right to charge the customer the difference. Any reduction in these rates can benefit the customer. Any adjustment of this nature can under no circumstances give rise to a cancellation of any order.

5. Insurance: The insurance of the goods against transport damage during transportation from the place of delivery to the destination is not included in our prices. At any request of the customer, the goods can be insured by us at his expense. Accordingly, we disclaim all responsibility for any loss or damage to the material entrusted to us for repair, in connection with theft, fire, strike or other similar causes.

6. Transport-Packaging: All transport, customs and goods -handling are at the expense and risk of the customer, so that he must check the shipments immediately upon arrival and recover established damages from the carrier. Even if the goods were shipped carriage paid.

7. Testing-Approval: In all cases where no record of receipt has been made, any complaint regarding visible defects to be valid must be sent to us in writing within 8 days of delivery. Any return of goods, without our consent, is expressly refused.

8. Warranty: Our responsibility is expressly limited to the repair in our workshop or free of charge replacement of the parts declared defective by our technical service, to the exclusion of any claim for compensation, whatever the cause. In the event of breakage, damage or accident resulting from excessive or abnormal use, faulty installation, improper or negligent use, incorrect operation, transformation of the product, maintenance contrary to the maintenance instructions or an external cause such as moisture damage or damage due to overvoltage from negligence, or incompetence, no warranty claims can be made. Our warranty is void if the goods are handed over to third parties for inspection or repair during the warranty period or if parts supplied by us are replaced with those of other makes. Goods delivered by Qonnex are subject to the warranty provisions specified per item as stated by the manufacturer we represent. In any case, the warranty will only apply to goods delivered to our workshops and we cannot recognize claims such as transportation, insurance, installation, relocation costs and the like.

9. Guarantee :

A. The seller undertakes to remedy by replacement or repair all indisputable hidden defects (to the goods themselves) that are not the result of force majeure, faulty intervention by the buyer or third parties. This obligation extends only to defects that become apparent during 2 years after commissioning, which is presumed to have occurred 30 days after the goods were made available at the factories if the delivery was made in Belgium and 45 days if the delivery was made abroad. The seller becomes the owner of the replaced parts. These pieces will be returned at the buyer’s expense.

B. The seller shall not be liable for any other warranty or indemnity beyond that provided in point A. above. In particular, the seller shall not be liable for any compensation for any damage to business goods or for losses associated with the professional activity of the buyer or the persons for whom he is held liable under Art. 1384 of the Civil Code.

C. Also, the seller will not be liable for compensation for these damages on extra-contractual grounds. As far as physical damage and damage to private goods are concerned, the seller shall not be liable for compensation if: it cannot be proved that the defects were present at the time the goods were put into circulation; the seller, given the state of science and technology, could not have been aware of the presence of the defects; in case the defects are due to the conception of the item in which the goods are incorporated or to the buyer’s instructions; the damage is due to errors of the buyer, of the injured person or of someone for whom the injured person is responsible (e.g..If the damage is due to a lack of maintenance or to maintenance contrary to the maintenance booklet or the maintenance prescriptions drawn up by the manufacturer; if the damage is due to the intervention of a third party not authorized by the manufacturer.

D. The buyer shall indemnify the seller against all claims or demands that third parties may bring against him based on damages stipulated in point C. In the case of a manufacture according to a plan supplied by the buyer, the warranty shall in any case be limited to the strict execution of the pieces according to the indication of these plans.

10. Payment: All invoices are payable in cash at Aalst, net without discount, unless otherwise notified. A payment can only be considered executed as soon as we have its equivalent at our disposal. Any delay in payment or non-payment by the client on the due date will automatically and without prior notice and without prejudice to our other rights – be subject to the application of interest running from the due date to the day of payment, If the invoice is not paid on its due date +30 days, the amount of the invoice will be increased by an amount of 15% by way of a penalty clause with a maximum of 2500 euros, without prejudice to other possible damages, interests and legal costs. In the event of non-payment on the due date, the sale may be considered void by us by operation of law and without notice. The goods remain the property of the seller until full payment of the price. All risks are borne by buyer. The advances paid remain acquired by the seller to compensate for possible losses on resale.

11. Intellectual property: Drawings, plans, Excel calculations and all kinds of documents made available by the Society to customers remain the property of the Company. Under no circumstances may they be transmitted to third parties, made available for inspection or copied. They must be returned at the first request.

12. Ownership and dissolution of the contract: The seller shall retain ownership of all sold items until their full payment. Nevertheless, the buyer is fully responsible for these goods and liable in case of loss.

13. Applicable Law: All disputes of any kind, which are the direct or indirect result of agreements concluded with the customer, as well as signed promissory notes and bills of exchange, belong exclusively to the jurisdiction of the courts of Dendermonde. All agreements are governed by Belgian law.

14. General Provisions: By the fact of placing an order with us, our customers expressly agree to our terms and conditions and waive their preference for their own terms and conditions, which do not apply to us, and therefore cannot be imposed on us. If for any reason certain conditions mentioned above cannot be enforced, our other terms and conditions shall nevertheless remain in force.