General Terms and Conditions of Sale
POWER LIMIT S.A.
11 Rue Bois Saint-Jean (Liège Science Park)
B-4102 Ougrée (Seraing) – Belgium
Email: info@powerlimit.be
01. Orders
Unless accepted in writing, our general and special terms and conditions of sale take precedence over the conditions appearing on the buyer’s purchase order or any other document. Our conditions may only be deviated from with our explicit prior written consent. Any deviations apply only to the specific delivery to which they relate and cannot be invoked for subsequent orders.
02. Offers
Our verbal offers are for informational purposes only and are not binding upon us.
Catalogs, brochures, or leaflets cannot be considered binding offers for the products described or displayed, or the services presented. We reserve the right to make any technical modifications to our products that we deem necessary at any time, without being obliged to make the same modifications to products already delivered or currently being delivered.
03. Order Confirmation
We are only bound from the date and by our written confirmation of the order. Any claim regarding alleged inaccuracies in our confirmation must reach us within eight days of the order confirmation date. After this period, all claims will be invalid.
04. Delivery Times
Delivery times are given for informational purposes only. They are respected as much as possible but are in no way binding on the seller. Delay in delivery cannot under any circumstances give rise to damages or cancellation of the order.
05. Shipment
Goods always travel at the buyer’s risk and peril. Unless otherwise stipulated, we arrange for the delivery of goods to the buyer using any packaging method and means of transport we deem appropriate. We advance the packaging and shipping costs, which are invoiced to the buyer.
06. Ownership
The goods remain the property of the seller until full payment of the invoice. However, the risks are transferred to the buyer immediately upon conclusion of the contract. In the event of non-payment of the invoice by its due date, we reserve the right to reclaim the goods without judicial intervention, the client irrevocably authorizing us to do so.
07. Invoicing
Unless otherwise notified in writing, invoices are payable 30 days end of month at the company’s registered office. Any invoice not paid by its due date will automatically and without prior notice incur interest at 5% per annum. Furthermore, after sending a formal demand letter, an additional indemnity of 15% will be due to us, with a minimum of 125 Euros.
Failure to pay an invoice by its due date renders the outstanding balance of the account immediately payable and gives us the right to terminate or suspend all or part of the ongoing contract, without any formality and subject to damages.
Should the buyer’s credit deteriorate, we reserve the right, even after partial shipment of the contract, to demand from the buyer such guarantees as we deem appropriate for the proper execution of the commitments made. Refusal to comply gives us the right to terminate all or part of the contract.
08. Force Majeure
Force majeure gives us the right to fully or partially terminate any contract or order or to suspend its execution without notice or compensation. It is expressly stipulated that total or partial strikes in our suppliers’ factories or in our own will be considered cases of force majeure.
Similarly, the occurrence of any unforeseen event rendering the seller’s performance disproportionate to that of the buyer will give the seller the right to fully or partially terminate any contract or order or to suspend its execution without notice or compensation.
09. Special Execution
Any special execution automatically entails an invoice for a 30% down payment of the contract upon order, payable by cash payment. The execution period will only commence upon receipt of payment.
10. Claims
All claims, other than those concerning hidden defects, will only be accepted if they have been notified in writing within eight days of delivery. After this period, or if the goods have been handled or processed, no claim will be taken into consideration.
11. Warranty
The warranty comes into effect on the date of dispatch of the goods and remains valid for a period of one year. This warranty is, however, reduced to a duration of 6 months if the user operates in two or more shifts. To benefit from the warranty, the buyer must first notify us in writing of any faults or defects observed before the end of the warranty period.
No warranty will be given in case of accident, misuse, improper installation, incorrect parameter setting, incorrect connection, or incorrect product selection. For load limitation installations, the buyer must provide us with a copy of the certificate of conformity issued by the approved body before the product is put into service.