I) CONDITIONS GENERAL SALES
Item 1: OFFERS
1.1 The offers of the Global CHR Company are always subject to and without commitment of its share with regard to the availability of equipment and the evolution of prices. These can be modified until the conclusion of the contract between the parties. The equipment offered is intended for professional use.
Item 2: COMMANDS
2.1 The order made by the buyer is only perfect after it is accepted by the Global CHR Company. It is upon this acceptance that the contract between the parties is concluded.
2.2 The order is irrevocable by the buyer and can in no case be canceled by him even before acceptance by the Global CHR Company.
2.3 Submitting an order implies acceptance of all our terms and conditions of sale.
Article 3: DELIVERIES
3.1 Delivery time: the delivery time is only given by the Global CHR Company only as an indication, it is not mandatory and non-compliance does not give rise to any right to compensation or termination of the order. The buyer is required to accept that his order be delivered in several shipments.
3.2 Place of delivery: all sales are deemed to be made at the head office of the Global Company CHR.
3.3 Time of delivery: delivery is deemed to have been made when the equipment leaves the warehouses of the Global CHR Company or one of its suppliers.
3.4 Unloading: the ground floor of the address indicated on the receipt order is deemed to be the place of unloading. The impossibility of access will imply unloading in front of the main entrance. Any additional handling, rental or transport costs will be borne by the buyer.
3.5 Conformity of delivery: equipment is deemed to be compliant when it leaves the warehouses of the Global CHR Company. If the delivery is made by a carrier, the buyer must check the equipment upon receipt. If he finds damage, he must note it on the delivery note and immediately notify the Global CHR Company. The buyer is also obliged to assign the carrier by registered mail within three days and send a copy to the Global CHR Company.
3.6 Refusal of delivery: in the event of refusal of delivery of equipment following the order or non-performance of this by the fault of the buyer, the latter will be required to pay the Global CHR Company compensation equivalent to 30% of the market price as a fixed and irreducible compensation in termination (amicable or judicial) . However, this compensation may be greater than 30% if the damage actually suffered by the Company.
3.6 Refusal of delivery: In the event of refusal of delivery of equipment following the order or non-performance of this by the fault of the buyer, the latter will be required to pay the Company Global CHR an indemnity equivalent to 30% of the market price as fixed and irreducible indemnity in termination (amicable or judicial) . This compensation may, however, be greater than 30% if the damage actually suffered by the Global CHR Company is greater than this amount.
Item 4: PRICE
4.1 The selling prices of the Global CHR Company are exclusive of VAT according to the tariff valid on the day of shipment (proof of the waybill).
Article 5: TRANSPORT AND TAXES
5.1 Transport costs are the responsibility of the buyer, our conditions apply from then on departure from our warehouses in Brussels (Ex Works). All taxes, customs or other fees, as well as any transport insurance costs, are also the responsibility of the buyer.
Article 6: CONNECTION OF EQUIPMENT
6.1 The prices indicated do not include connection costs or useful modification costs to existing installations for the proper functioning of the equipment, the latter will be invoiced on a cost basis.
Article 7: PAYMENTS
7.1 Invoices are payable in cash. The delivery of drafts, commercial papers or the acceptance of partial payments does not operate novation.
7.2 In the case of partial payments or by drafts, non-payment to one maturities makes the existing balance payable automatically for all transactions in progress between the same parties.
7.3 Any sum not paid on its due date will bear default interest automatically and without setting prior default at the rate of 1% per month.
7.4 In addition, in the event of non-payment on the due date, invoices are increased ipso jure a lump sum indemnity of 15% as contractual damages with a minimum of sixty-five (65) EUR and independently of default interest, which also leads to an immediate suspension of deliveries and of any intervention after-sales service.
7.5 All bank and/or postal check service charges are payable by the buyer.
Article 8: RETENTION OF OWNERSHIP
8.1 The equipment sold will remain the property of the Global CHR Company until full payment has been made. these.
8.2 The buyer undertakes not to part with the equipment as long as they will not have been fully paid.
8.3 The buyer must inform the Global CHR Company in the event of seizure of equipment for which the property belongs to him.
8.4 The Global CHR Company reserves the right to repossess unpaid equipment at any time .
Article 9: DISPUTES
9.1 Any dispute relating to the sale must be addressed, duly substantiated, to the Global Company CHR within eight days of delivery of the equipment.
9.2 The buyer does not have the right to suspend payments in the event of deliveries late, partial or allegedly defective, under penalty of applying the conditions mentioned in article 7.
9.3 The buyer cannot claim compensation for loss of goods due to the technical failure of equipment or for waiting for spare parts that are not immediately available.
Article 10: WARRANTY AND RESPONSIBILITIES
Professional users:
10.1 Equipment is covered by a warranty against manufacturing defects for one year from the date of invoice from the Global CHR Company (and none for used equipment), it includes labor, travel, as well as the replacement of defective parts, excluding wear parts normal such as seals, filters, lamps, glass, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short circuit, training, etc…
10.2 The guarantee for all “plug-in” equipment, ie. electrical equipment, single-phase (230V/1), with a volume of less than ½ m³ and a weight of less than 30 kg, does not include travel. The buyer will be required to return the defective equipment to the address of the Global CHR Company and collect it after the intervention.
10.3 This period may however be reduced in the event and insofar as the guarantee granted to the Global CHR Company by its own manufacturer is less than one year.
10.4 The warranty on equipment is specific to the person or company appearing on the invoice. purchase, it is in no way transferable to third parties. In the event of displacement or reinstallation of the equipment, only the Global CHR Company is authorized to intervene, any intervention on the said equipment by third parties, without the prior written authorization of the Global CHR Company will result in the loss of warranty coverage.
Professional dealers:
10.5 Equipment is covered by a warranty against manufacturing defects for a year from the date of invoice from the Global CHR Company (and none for second-hand equipment), it only includes the replacement of defective parts, excluding normal wear parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short circuit, training, etc.…
10.6 This period may however be reduced in the event and insofar as the guarantee granted to the Global CHR Company by its own manufacturer is less than one year.
10.7 Spare parts replaced in accordance with the terms of the warranty must be returned (postage paid ) within 30 days (legitimate requirement of the Global CHR Company in order to benefit itself from its manufacturer's warranty), accompanied by the duly completed "TE99" document. After this period, they will be systematically invoiced and due.
Item 11: AFTER-SALES SERVICE
11.1 Hourly rate: any technical intervention, maintenance, training, etc. will be invoiced according to the current rate of the Global CHR Company. The 1st hour of service will always be chargeable and the following will be charged in ½ hour increments.
11.2 Travel: travel expenses will be invoiced according to the current rate of the Global Company CHR. These will always be due, even if the interventions have not allowed the restoration and this, regardless of the cause.
11.3 Spare parts: They will be invoiced according to the current price list of the Global CHR Company.
11.4 Interventions: Will take place every working day from Monday to Friday from 8:30 am to 5:00 pm. Any request for intervention outside these hours and after agreement from the Global CHR Company will be increased by a lump sum of seventy-five (75) EUR, regardless of whether it is under warranty or paid for.
11.5 Repair in the workshop: The repair of equipment in the workshop is invoiced according to the force of the Global CHR Company. The owner is required to recover the repaired equipment as soon as the communication is made by the Global CHR Company. If the latter remains unanswered, a formal notice by registered mail will be sent, leaving 30 days to do so. After this period, the Global CHR Company may not only require payment for the repair, but also to dispose of the said equipment at its discretion, without the possibility for the owner to claim any compensation whatsoever for their non-recovery.
Article 12: INTERPRETATION
12.1 In the event of a dispute relating to the interpretation of these general conditions of sale, the reference text is the one written in French.
Article 13: APPLICABLE LAW AND JURISDICTION
13.1 Any dispute is subject to Belgian law. The courts of Brussels have sole jurisdiction.
SPECIAL CONDITIONS OF SALES:
Item 1: OFFERS
1.1 The offers of the company Global CHR always get along subject and without engagement of its share with regard to the availability of equipment and the evolution of prices. These can be modified until the conclusion of the contract between the parties. The equipment offered is intended for professional use.
Item 2: COMMANDS
2.1 The order made by the buyer is only perfect after it is accepted by Global CHR. It is upon this acceptance that the contract between the parties is concluded.
2.2 The order is irrevocable by the buyer and can in no case be canceled by him even before acceptance by the Global CHR company.
2.3 Submitting an order implies acceptance of all our terms and conditions of sale.
Article 3: DELIVERIES
3.1 Delivery time: delivery time is only given by Global CHR company only as an indication, it is not mandatory and non-compliance does not give rise to any right to compensation or termination of the order. The buyer is required to accept that his order be delivered in several shipments.
3.2 Place of delivery: all sales are deemed to be made at the head office of the Global company CHR.
3.3 Time of delivery: delivery is deemed to have been made when the equipment leaves the warehouses of the company or one of its suppliers.
3.4 Unloading: the ground floor of the address indicated on the receipt order is deemed to be the place of unloading. The impossibility of access will imply unloading in front of the main entrance. Any additional handling, rental or transport costs will be borne by the buyer.
3.5 Conformity of delivery: equipment is deemed to be compliant when it leaves the warehouses of the society. If the delivery is made by a carrier, the buyer must check the equipment upon receipt, if he finds damage, he must note it on the delivery slip and immediately notify the company Global CHR. The buyer is also obliged to assign the carrier by registered mail within three days and send a copy to the company Global CHR.
3.6 Refusal of delivery: If the buyer refuses delivery of the equipment ordered or does not does not execute for reasons attributable to him, he will have to pay Global CHR a fixed and irreducible indemnity in termination (amicable or judicial) equivalent to 30% of the market price. However, this compensation may be greater than 30% if the damage actually suffered by Global CHR is greater than this amount.
Item 4: PRICE
4.1 Global CHR's selling prices are exclusive of VAT according to the tariff valid on the day of shipment (proof of the waybill).
Article 5: TRANSPORT AND TAXES
5.1 Shipping costs are the responsibility of the buyer, our terms mean from the moment of departure from our warehouses in Chelles.
All taxes, customs or other charges, as well as any transport insurance costs, are also the responsibility of the buyer.
Article 6: CONNECTION OF EQUIPMENT
6.1 Prices shown do not include connection fees or modification fees necessary for the existing installations for the proper functioning of the equipment. These costs will be invoiced directly.
Article 7: PAYMENTS
7.1 Invoices are payable in cash and before delivery and installation of the order .
The delivery of drafts, commercial paper or the acceptance of partial payments do not constitute an innovation.
7.2 In the case of partial payments or by drafts, non-payment to one maturities makes the existing balance payable automatically for all transactions in progress between the same parties.
7.3 Any sum not paid on its due date will bear default interest automatically and without setting prior notice at the rate of 1% per month.
7.4 In addition, in the event of non-payment when due, invoices are automatically increased by a fixed indemnity of 15% as conventional damages with a minimum of sixty-five (65) EUR and independently of late payment interest, which also entails the immediate suspension of deliveries and of any intervention after-sales service.
7.5 All bank and/or postal check charges are the responsibility of the buyer.
Article 8: RETENTION OF OWNERSHIP
8.1 Equipment sold remains the property of Global CHR until full payment has been made. these.
8.2 The buyer undertakes not to discard the equipment as long as they have not been fully paid.
8.3 The buyer is required to notify Global CHR in the event of seizure of equipment for which he holds the property.
Article 8: RETURN OF UNPAID EQUIPMENT
8.1 The Global CHR Company reserves the right to repossess unpaid equipment at any time .
Article 9: DISPUTES
9.1 Any dispute relating to the sale must be addressed, duly substantiated, to the Company Global CHR , within eight days of delivery of the equipment.
9.2 Buyer cannot suspend payments due to late, partial deliveries or claimed to be defective, under penalty of application of the conditions set out in article 7.
9.3 No compensation can be granted to the buyer in the event of loss of goods due a technical failure of equipment or the expectation of spare parts not immediately available.
Article 10: WARRANTY AND RESPONSIBILITIES
Professional users:
10.1 Equipment is covered by a warranty against manufacturing defects for two years from from the date of invoice from the Global CHR Company (no warranty for used equipment). The warranty covers labor, travel, as well as the replacement of defective parts, excluding normal wear parts such as seals, filters, lamps, glass, refrigerant gases, thermocouples, etc., which are considered "consumables". Interventions related to limescale, improper use, inadequate cleaning, electrical short circuit, formation, etc. are not covered by warranty.
10.2 The guarantee for all "plug-in" equipment, i.e. single-phase electrical equipment (230V/1), with a volume of less than 0.5 m³ and a weight of less than 30 kg, does not include travel. The buyer is responsible for returning the defective equipment to the address of the Global CHR Company and collecting it after the intervention.
10.3 The warranty period may be reduced if the warranty granted by the manufacturer of the Company Global CHR is less than a year old.
10.4 The equipment warranty is reserved for the person or company mentioned on the invoice of purchase and is in no way transferable to third parties. In the event of displacement or reinstallation of the equipment, only the Global CHR Company is authorized to intervene. Any intervention on the equipment by third parties without the prior written authorization of the Global CHR Company will result in the loss of warranty coverage.
Professional dealers:
10.5 Equipment is covered by a warranty against manufacturing defects for 2 years from from the date of invoicing by the Global CHR Company (and none for second-hand equipment), covering only the replacement of defective parts excluding normal wear parts such as seals, filters, lamps, windows, gas refrigerant, thermocouples, etc. which are considered "consumables", as well as interventions due to limescale, improper use, cleaning, electrical short circuits, formation, etc.
10.6 However, this period may be reduced if the guarantee granted to the Global CHR Company by its own manufacturer is less than a year.
10.7 Replacement parts replaced under the terms of the warranty must be returned (postage paid) within 30 days (legitimate requirement of the Global CHR Company to benefit itself from its manufacturer's warranty), accompanied by the "TE99" document duly completed. After this period, the parts will be systematically invoiced and due.
Article 11: AFTER-SALES SERVICE
11.1 Hourly rate: any technical intervention, maintenance, training, etc. will be invoiced according to the current rate of the Global CHR Company. The 1st hour of service will always be chargeable and the following will be charged in ½ hour increments.
11.2 Travel: travel expenses will be invoiced according to the current rate of the Global Company CHR. These will always be due, even if the interventions have not allowed the restoration and this, regardless of the cause.
11.3 Spare parts: They will be invoiced according to the current price list of the Global CHR Company.
11.4 Interventions: Will take place every working day from Monday to Friday from 8:30 am to 5:00 pm. Any request for intervention outside these hours and after agreement from the Global CHR Company will be increased by a lump sum of seventy-five (75) EUR, regardless of whether it is under warranty or paid for.
11.5 Repair in the workshop: The repair of equipment in the workshop is invoiced according to the force of the Global CHR Company. The owner is required to recover the repaired equipment as soon as the communication is made by the Global CHR Company. If the latter remains unanswered, a formal notice by registered mail will be sent, leaving 30 days to do so. After this period, the Global CHR Company may not only require payment for the repair, but also to dispose of the said equipment at its discretion, without the possibility for the owner to claim any compensation whatsoever for their non-recovery.
Article 12: JURISDICTION CLAUSE
Any dispute arising out of the execution of, or the interpretation of, these special conditions of sale will be subject to the jurisdiction of the commercial court of MEAUX.