**GENERAL TERMS OF SALE**
1. **SCOPE OF APPLICATION**
1.1. By the mere solicitation of an offer or the placing of any order with S.A. ELECTRIC, the Customer automatically accepts the application of these general conditions to said offer or order. The Customer waives the right to invoke any clauses or conditions issued by themselves or established by third parties, even if they have been communicated to S.A. ELECTRIC or are deemed to be known by it.
1.2. Catalogues, brochures, price lists, diagrams, plans, drawings, and photographs provided to the Customer by S.A. ELECTRIC outside of the offers duly formulated by it or the order confirmations emanating from it, do not have contractual value, except by express contrary stipulation.
Orders recorded by possible agents, employees, or representatives of S.A. ELECTRIC, as well as information communicated or commitments made by them, will only bind S.A. ELECTRIC itself if ratified in writing by it.
1.3. Any deviation from these general conditions requires the explicit and written agreement of S.A. ELECTRIC.
2. **PRELIMINARY OBLIGATIONS OF THE CUSTOMER**
2.1. The Customer undertakes to provide S.A. ELECTRIC with all useful data for the establishment of offers or order confirmations knowingly, as well as all information that may subsequently allow the proper execution of said orders.
2.2. Any error in the choice or identification of the products, materials, or equipment subject to an order placed with S.A. ELECTRIC, as well as any misunderstanding during the execution of an order that directly or indirectly results from a failure of the Customer to meet the obligations defined in point 2.1 above, cannot in any case be attributed to S.A. ELECTRIC.
3. **PRICES**
3.1. The prices mentioned in the tariffs, catalogues, or other preprinted documents emanating from S.A. ELECTRIC or its suppliers are indicative only;
3.2. The prices applicable to orders placed with S.A. ELECTRIC will be those in force at the date of execution of said orders;
The Customer must therefore bear, without being able to cancel the order nor claim any form of direct or indirect compensation, the revision of prices appearing in the offer prior to said order or the confirmation thereof, notably due to increases in supply costs, labor costs, transportation expenses, customs duties, and other charges borne by S.A. ELECTRIC.
4. **DELIVERY TIMES AND EXECUTION CONTINGENCIES**
4.1. The execution times of orders mentioned by S.A. ELECTRIC are given in good faith;
Their observance depends in particular on factors external to it, and they lack imperative character;
Consequently, a delay in execution by S.A. ELECTRIC cannot give rise to neither the cancellation of the order nor the payment of any indemnities, subject to the proof, provided by the client, of a serious fault on the part of S.A. ELECTRIC.
4.2. External causes, particularly acts of God or force majeure events as well as all events such as strikes, wars, disturbances, lock-outs, adverse weather conditions, requisitions, shortages of materials or means of transport, fires, machine breakdowns, etc., will automatically extend the execution time of the order by a period equal to the duration of the event;
In case of a durable or definitive impossibility to execute the order due to one of the circumstances mentioned in the preceding paragraph, the Customer can only claim reimbursement of the part of the price they had already paid at the date of the occurrence of the external cause and which exceeds the value of the supplies already made at that time.
4.3. If the Customer fails to take delivery of the goods ordered by him, S.A. ELECTRIC may send him a registered letter formally inviting him to regularize this situation within a period of 15 days. If the Customer does not comply before the expiration of this period, the order will be considered resolved by right at the fault of the Customer, and the deposit paid by him will remain definitively acquired by S.A. ELECTRIC as coverage for its various expenses as well as the costs of reshipping the merchandise to its supplier.
5. **TRANSPORT-RISKS-APPROVAL**
5.1. Unless contrary provisions are expressly agreed, the products, materials, and other equipment subject to an order are transported at the expense, risk, and peril of the Customer. The risk thus lies with the Customer from the moment the products, materials, and equipment leave the warehouses of S.A. ELECTRIC.
5.2. The approval of the products, materials, and equipment in quality, quantity, and conformity lies with the Customer, and is deemed to occur at the time of their removal from the premises of S.A. ELECTRIC or, if delivery is ensured by it at the time of their delivery to the Customer, without prejudice, in this case, to what is indicated in point 5.
1 above regarding the transfer of risks;
Any reservation or claim by the Customer must, to be admissible, be issued against S.A. ELECTRIC, by registered letter to the post, within a strict deadline of eight (8) clear days from the day of delivery of the products, materials, or equipment concerned by S.A. ELECTRIC;
These reservations or claims are not suspensive of the settlement of the amounts due by the Customer.
6. **SCOPE AND LIMITS OF THE WARRANTY**
6.1. Unless different mentions on the offer or the order confirmation emanating from S.A. ELECTRIC or on the warranty certificate accompanying the products, materials, or equipment supplied by S.A. ELECTRIC, these are guaranteed for a period of 1 month, from their delivery, against construction defects and errors of conformity, with usual tolerances.
6.2. S.A. Electric guarantees that the products purchased by consumers conform to the contract at the time of delivery. Any lack of conformity with the contract existing at the time of the delivery of the products and discovered within two years following the delivery of the product will be repaired or the product will be replaced free of charge by S.A. Electric within a reasonable time and without seriously inconveniencing the consumer. Consumers are required to inform S.A. Electric within 2 months following the discovery of the lack of conformity or the moment at which it should reasonably have been discovered. After a period of 6 months following delivery, the burden of proof of the lack of conformity lies with the consumer.
6.3. The warranty is valid only if the products, materials, or equipment have been used under normal conditions and installed correctly. It is excluded in case of abusive use, negligence, lack of maintenance, or handling error;
Moreover, this warranty cannot be invoked by the Customer in the event that the products, materials, or equipment supplied by S.A. ELECTRIC had been, without the agreement or intervention of the latter, mixed or amalgamated with elements of any other origin, as well as in case of disassembly, reassembly, modification, etc., of said products, materials, or equipment by persons not authorized by S.A. ELECTRIC or the suppliers thereof.
6.4. The warranty of S.A. ELECTRIC is strictly limited to the replacement of the products, materials, or equipment recognized as defective, excluding all damages and interests, notably for indirect, commercial, financial, moral, aesthetic, or other prejudices.
7. **PAYMENTS**
7.1. When a deposit is provided for, it is payable by the Customer, in cash, at the time of placing the order. S.A. ELECTRIC is committed to the order only upon receipt of said deposit, and without prejudice to the information to be communicated by the Customer under point 2.1 above. Unless different provisions are included in the offer or the order confirmation emanating from S.A. ELECTRIC, the balance of the price is payable, in cash at the delivery of the concerned products, materials, or equipment.
7.2. In the event of non-payment of any amount on its due date, a flat-rate increase equal to fifteen percent (15%) of said amount will be due by the Customer, without prior notice;
In addition, the thus increased amount will automatically bear late payment interests calculated in accordance with article 5 of the law of August 2, 2002 concerning the fight against payment delay in commercial transactions.
7.3. Any default of payment by the Customer authorizes S.A. ELECTRIC to suspend all ongoing orders vis-à-vis the Customer, until full clearance of the amounts due by the latter, in principal, flat-rate increases, and late payment interests.
7.4. Electric transmits information regarding the payment deadlines of its professional clients to Dun & Bradstreet and Graydon companies.
8. **TRANSFER OF OWNERSHIP**
8.1. By express agreement, the products, materials, or equipment supplied by S.A. ELECTRIC remain the indivisible property of the latter until the full payment of the price of the order, increased by the late payment interests and the flat-rate increases related thereto.
8.2. In case of loss, theft, deterioration, or destruction of all or part of the products, materials, or equipment referred to in point 8.1 above, the compensation due to S.A. ELECTRIC by the Client, calculated at replacement value, will not be conditioned nor suspended by the eventual intervention of the Client’s insurances. The provisions of points 7.2 and 7.3 above will in this case be immediately applicable to the indemnities due by the Client.
9. **JUDICIAL COMPETENCE – APPLICABLE LAW**
9.1. Any dispute between S.A. ELECTRIC and the Client shall fall under the exclusive jurisdiction of the courts of the headquarters of S.A. ELECTRIC, regardless of the place of conclusion or execution of the order.
9.2. Belgian law is solely applicable to offers formulated and orders recorded
by S.A. ELECTRIC, and governs in particular these general conditions.
10. **BEBAT – APPLICATION OF THE ENVIRONMENTAL CONTRIBUTION**
EXEMPTION FROM CERTIFICATION – AUTHORIZATION NO. 991 of 11/12/85
**DISCLAIMER**
1. **SITE**
Although we have made every effort to ensure that the information available on our WEB-Internet site is as complete and correct as possible, ELECTRIC S.A. cannot be held responsible for any errors or omissions that may exist. ELECTRIC S.A. reserves the right to modify at any time the information on this site, without any prior warning.
2. **VIRUS AND COOKIES**
As the site of ELECTRIC S.A. contains links to other sites, ELECTRIC S.A. declines all responsibility for any viruses or cookies it may contain.
3. **PRICES**
All our prices are given as an indication and are exclusive of VAT and other taxes and do not include further contributions and/or fees such as “RECUPEL”, “BEBAT”, “LIGHTREC” and copyright fees, which are therefore due in addition.
4. **INTELLECTUAL PROPERTY RIGHTS ON THE SITE**
This site is the property of ELECTRIC S.A. Any copying, modification, translation, etc., of this site, whether total or partial, can only be done with the prior written authorization of ELECTRIC S.A.
5. **PRIVACY PROTECTION**
On and via its WEB-Internet site, ELECTRIC S.A. collects only the personal data of customers who voluntarily decide to provide it. Except for a broader agreement from them, we will use these informations only to process the requests of these customers or to send them specific information about ELECTRIC S.A.
Anyone who wishes can access their own registration data and request its modification under the conditions stipulated by the Belgian law of 08.12.1992 on the protection of privacy.
Anyone can request that their personal data be deleted from the WEB-Internet site of ELECTRIC S.A., in which case, their access to the professional part of said site will be removed.