All sales contracts between the client and Nexis are subject to these general terms of sale. Client conditions are not applicable.
2. PRICE OFFERS
Unless agreed otherwise in writing, Nexis offers are valid until the end of the month from the date of the offer.
An order is binding on Nexis only if Nexis confirms this order in writing.
A. Nexis accepts no responsibility for impossibility of performance owing to unforeseen circumstances or a fortuitous event or force majeure. If this situation continues for more than six months, each party shall be entitled to terminate the agreement with regard to products which have not yet been delivered.
B. Any breach or any apparent defect found on delivery must be reported by the client on the carrier’s delivery note. To be valid, any complaint must be notified to Nexis by registered letter within 5 working days following delivery. The return of delivered goods is accepted only after obtaining the written consent of Nexis. As long as a facility is necessary, it will be run by Nexis staff or by staff authorised by Nexis.
C. All goods are insured by Nexis as far as the place of the delivery, provided that the place of delivery is located in Belgium or the Grand Duchy of Luxembourg. Delivery costs will be charged to the client, as specified in the offer, for any order below €1,250.
A. Unless otherwise provided by the contract, invoices are payable in cash within 30 days of the invoice date.
B. In case of non-payment on the due date, a fee equal to 10% of the invoice total, with a minimum of €25, is automatically due, as well as indivisible interest at the rate of 1% per month.
To be valid, any complaint must reach us by registered post within 5 working days following delivery; without these conditions, it will be considered as null and void.
7. MODIFICATIONS AND CANCELLATIONS
A. If, within 45 days prior to the scheduled delivery date, the client issues a change order which results in a delivery delay or if they cancel an order, they must pay a fee equal to 15% of the list price of the products concerned.
B. If the client indicates the delivery date and this change causes a delay of more than 45 days from the original order, this change will be considered a new order and the prices will be those applicable at the time of the change.
The warranty period shall commence upon delivery, or if installation is included in the price, upon installation. The warranty offered by Nexis is identical to the manufacturer’s.
9. NEXIS’ RESPONSIBILITY
Any client compensation claim is limited to the above. Nexis declines any responsibility for any injury or other damage, whether direct or indirect or accidental or the result of a malfunction, to all or some of the products, as well as for any accidents that might occur during or after installation.
10. HEAD OFFICE
Nexis’ head office is at 1315 Opprebais, rue de la Sainte 1b.
11. APPLICABLE LAW AND COMPETENT JURISDICTION
All sales contracts are governed by Belgian law. Any dispute is solely under the jurisdiction of the courts of the arrondissement of Nivelles.
12. RISK AND PROPERTY
The risk of loss or damage to products is transferred at the time of delivery. The ownership title is transferred after full payment of the invoice.