GENERAL TERMS AND CONDITIONS OF SALE
1. SCOPE
1.1. By simply requesting a quote or placing any order with ELECTRIC S.A., the Client automatically accepts the application of these general terms and conditions to the said quote or order. The Client waives the right to rely on any clauses or conditions originating from themselves or established by third parties, even if they have been communicated to ELECTRIC S.A. or are presumed to be known by ELECTRIC S.A.
1.2. Catalogs, brochures, price lists, diagrams, plans, drawings, and photographs provided to the Client by ELECTRIC S.A., outside of duly formulated offers or order confirmations issued by ELECTRIC S.A., do not have contractual value, unless expressly stated otherwise.
Orders recorded by agents, employees, or potential representatives of ELECTRIC S.A., as well as information communicated or commitments made by them, will only bind ELECTRIC S.A. upon written ratification by ELECTRIC S.A.
1.3. Any deviation from these general terms and conditions requires the explicit and written agreement of ELECTRIC S.A.
2. PRIOR OBLIGATIONS OF THE CLIENT
2.1. The Client agrees to provide ELECTRIC S.A. with all necessary data for the proper establishment of offers or order confirmations, as well as all information that may subsequently allow for the proper execution of said orders.
2.2. Any error in the selection or identification of products, materials, or equipment that are the subject of an order placed with ELECTRIC S.A., as well as any mistake during the execution of an order directly or indirectly resulting from the Client’s failure to fulfill the obligations defined in section 2.1. above, cannot be attributed to ELECTRIC S.A.
3. PRICES
3.1. Prices listed in the price lists, catalogs, or other preprinted documents originating from ELECTRIC S.A. or its suppliers are for reference purposes only.
3.2. The prices applicable to orders placed with ELECTRIC S.A. will be those in effect at the time of order execution. The Client must therefore bear any price adjustments listed in the prior offer or order confirmation, particularly due to increases in procurement costs, labor costs, transportation costs, customs duties, and other charges borne by ELECTRIC S.A., without the right to cancel the order or claim any form of direct or indirect compensation.
4. DEADLINES AND EXECUTION RISKS
4.1. The execution deadlines for orders mentioned by ELECTRIC S.A. are given in good faith. Their observance depends on factors beyond its control and therefore lacks binding force. Consequently, any delay in execution by ELECTRIC S.A. cannot give rise to cancellation of the order or payment of any compensation, subject to proof, provided by the Client, of a serious fault on the part of ELECTRIC S.A.
4.2. External causes, particularly force majeure events such as strikes, wars, disturbances, lockouts, adverse weather conditions, requisitions, shortages of materials or means of transport, fires, machine breakdowns, etc., will automatically extend the execution period of the order for a period equal to the duration of the event. In the event of permanent or long-term impossibility to execute the order due to one of the circumstances mentioned in the previous paragraph, the Client may only claim reimbursement for the portion of the price they have already paid as of the occurrence of the external cause, exceeding the value of supplies already made at that time.
4.3. If the Client fails to collect the goods ordered, ELECTRIC S.A. may send them a registered letter formally inviting them to regularize the situation within 15 days. If the Client does not comply within this period, the order will be automatically considered canceled to the detriment of the Client, and the deposit paid will be definitively retained by ELECTRIC S.A. to cover various expenses, as well as the cost of returning the goods to its supplier.
5. TRANSPORT – RISKS – ACCEPTANCE
5.1. Unless otherwise expressly agreed, the products, materials, and other equipment that are the subject of an order are transported at the Client’s expense, risk, and peril. The Client assumes all risks from the moment the products, materials, and equipment leave ELECTRIC S.A.’s warehouses.
5.2. The Client is responsible for accepting the products, materials, and equipment in terms of quality, quantity, and compliance, and this acceptance is deemed to take place upon collection from ELECTRIC S.A.’s premises or, if delivery is made by ELECTRIC S.A., at the time of their delivery to the Client, without prejudice to the provisions of section 5.1. above regarding the transfer of risk. Any reservation or claim by the Client must, to be valid, be made to ELECTRIC S.A. by registered mail within eight (8) days from the date of delivery of the products, materials, or equipment in question. Such reservations or claims do not suspend the Client’s obligation to pay the amounts owed.
6. SCOPE AND LIMITS OF THE WARRANTY
6.1. Unless otherwise indicated in the offer, order confirmation from ELECTRIC S.A., or the warranty certificate accompanying the products, materials, or equipment supplied by ELECTRIC S.A., these items are guaranteed for a period of 1 month from their delivery against construction defects and non-conformity errors, within the usual tolerances.
6.2. ELECTRIC S.A. guarantees that 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 product delivery and discovered within two years following the delivery will be repaired, or the product will be replaced free of charge by ELECTRIC S.A. within a reasonable time and without significantly inconveniencing the consumer. Consumers are required to inform ELECTRIC S.A. within two months of discovering the lack of conformity or when it should have reasonably been discovered. After a period of 6 months from the date of delivery, the burden of proof regarding the lack of conformity falls on the consumer.
6.3. The warranty only applies if the products, materials, or equipment have been used under normal conditions and installed according to best practices. It is excluded in cases of misuse, negligence, lack of maintenance, or handling errors. Additionally, this warranty cannot be invoked by the Client if the products, materials, or equipment supplied by ELECTRIC S.A. have been mixed or amalgamated with components from other sources without ELECTRIC S.A.’s consent or intervention, or in case of disassembly, reassembly, modification, etc., of the products, materials, or equipment by persons not authorized by ELECTRIC S.A. or its suppliers.
6.4. ELECTRIC S.A.’s warranty is strictly limited to replacing the products, materials, or equipment recognized as defective, to the exclusion of any compensation for damages, particularly for indirect, commercial, financial, moral, aesthetic, or other losses.
7. PAYMENTS
7.1. If a deposit is required, it is payable by the Client in cash when the order is placed. ELECTRIC S.A. will only be bound by the order upon receipt of the deposit, without prejudice to the information that must be provided by the Client under section 2.1. above. Unless otherwise stated in the offer or order confirmation from ELECTRIC S.A., the balance of the price is payable in cash upon delivery of the products, materials, or equipment concerned.
7.2. In case of non-payment of any amount due on its due date, a flat-rate increase equal to fifteen percent (15%) of the said amount will be owed by the Client without prior notice. Additionally, the amount thus increased will automatically bear late interest from its due date, calculated in accordance with Article 5 of the Law of August 2, 2002, on combating late payments in commercial transactions.
7.3. Any non-payment by the Client authorizes ELECTRIC S.A. to suspend all ongoing orders with the Client until full settlement of the amounts owed by the Client, including principal, flat-rate increases, and late interest.
7.4. ELECTRIC S.A. transmits information about its professional clients’ payment terms to Dun & Bradstreet and Graydon companies.
8. TRANSFER OF OWNERSHIP
8.1. By express agreement, the products, materials, or equipment supplied by ELECTRIC S.A. remain the exclusive property of ELECTRIC S.A. until the full payment of the order price, including late interest and related flat-rate increases.
8.2. In the event of loss, theft, deterioration, or destruction of all or part of the products, materials, or equipment mentioned in section 8.1. above, compensation owed to ELECTRIC S.A. by the Client, calculated at replacement value, will not be conditional or suspended by the possible involvement of the Client’s insurance. The provisions of sections 7.2. and 7.3. above will immediately apply to the compensation owed by the Client.
9. JURISDICTION – APPLICABLE LAW
9.1. Any dispute between ELECTRIC S.A. and the Client shall fall under the exclusive jurisdiction of the courts of ELECTRIC S.A.’s registered office, regardless of the place where the order was concluded or executed.
9.2. Belgian law is solely applicable to offers made and orders placed by ELECTRIC S.A., and it particularly governs these general terms and conditions.
10. BEBAT – APPLICATION OF ENVIRONMENTAL FEES
DISPENSE DE CERTIFICATION – AUTORISATION N°991 du 12/11/85
DISCLAIMER
-
WEBSITE
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 remain. ELECTRIC S.A. reserves the right to modify the information on this site at any time without prior notice.
-
VIRUSES AND COOKIES
Since ELECTRIC S.A.’s website contains links to other sites, ELECTRIC S.A. disclaims any responsibility for potential viruses or cookies that may be present on those sites.
-
PRICES
All our prices are indicative and exclude VAT and other taxes and do not include any surcharges such as “RECUPEL”, “BEBAT”, “LIGHTREC” fees, or copyright fees, which are to be paid in addition.
-
INTELLECTUAL PROPERTY RIGHTS ON THE SITE
This site is the property of ELECTRIC S.A. Any copying, modification, translation, etc. of this site, whether in whole or in part, can only be done with the prior written authorization of ELECTRIC S.A.
-
PRIVACY PROTECTION
Through and via its WEB-Internet site, ELECTRIC S.A. only collects the personal data of clients who voluntarily provide it. Unless a broader agreement is made, we will only use this information to process clients’ requests or to send them specific information about ELECTRIC S.A.
Anyone wishing to access their registration data or request its modification may do so under the conditions stipulated by Belgian law dated 08.12.1992 concerning privacy protection.
Any person may request the removal of their personal data from ELECTRIC S.A.’s WEB-Internet site, in which case, their access to the professional section of the site will be revoked.