1. PURPOSE AND APPLICATION.
All sales, deliveries and services provided by FINRES GROUP SA are governed by these general terms and conditions, which the customer expressly declares to know and accept. They form an integral part of the FINRES GROUP SA offer and of the contract with the customer. FINRES GROUP SA is only bound by the customer’s general terms and conditions if it has previously accepted them in writing. Any deviation from these terms and conditions must be in writing and signed by FINRES GROUP SA. Failing this, these derogations will not be enforceable against FINRES GROUP SA.
The prices of goods and services sold by FINRES GROUP SA are quoted in euros, inclusive of VAT (for consumers) and exclusive of VAT (for business customers). Where applicable, delivery charges are listed separately, depending on the choice made.
(for professional customers). FINRES GROUP SA offers are non-binding. FINRES GROUP SA shall only be deemed to be bound if it has accepted the order in writing and the requested deposit (if applicable) has been paid. In any event, the prices contained in the offer will no longer be valid if the offer has not been accepted by the customer within seven days of the date mentioned on the offer.
FINRES GROUP SA product offers are valid while stocks last or subject to availability from the supplier or manufacturer. In the event of unavailability of products after the order has been placed by the customer, FINRES GROUP SA will inform the customer as soon as possible, without being held liable in this respect or being required to pay any compensation.
Any increase in the price of raw materials or wages between the time the order is placed and the time it is fulfilled may result in a readjustment of the prices stated in the offer. Where applicable, prices will be revised in accordance with the price revision formula mentioned below.
P = PO (0.2 + 0.4 s/S + 0.4 i/I)
P = basic invoice price
PO = revised price
s = skilled worker’s salary based on Agoria index at time of invoicing
S = skilled worker’s wage based on Agoria index at time of execution
i = reference material price at time of delivery
I = price of materials at date of offer
Negative revisions cannot be taken into account.
FINRES GROUP SA must be notified in writing of any changes made after acceptance of the order, at the latest within seven days of the order, on the understanding that FINRES GROUP SA reserves the right to accept or reject said changes and, if applicable, to modify its offer accordingly on the basis of its usual prices. The customer must then confirm this new offer within the validity period indicated in the offer.
5. ANNUALTION (applicable to professional customers).
Cancellation of an order by the customer must be made by e-mail and registered post. In the event of cancellation of the order by the customer less than twenty days before delivery of the goods and/or services, the customer is obliged to compensate FINRES GROUP SA for an amount fixed at 50% of the contract price, in addition to reimbursing FINRES GROUP SA for all costs incurred up to the date of cancellation.
6. RIGHT OF WITHDRAWAL (applicable to consumers).
If the customer is a consumer who buys goods or services from FINRES GROUP SA at a distance (by telefax, e-mail, post,) he has the right to inform FINRES GROUP SA that he renounces the purchase, free of charge and without reason, within 14 calendar days from the day following the delivery of the goods or the conclusion of the service contract.
Refunds will be made within 30 days of receipt of your cancellation request. Refunds will be made by transfer to the customer’s bank account or by crediting the customer’s credit card.
The consumer does not have the right of withdrawal in the cases determined by law, including when the goods are manufactured to the consumer’s specifications or when performance of the service contract has begun before the end of the withdrawal period.
7. PRODUCT DELIVERY TIMES.
FINRES GROUP SA undertakes to do its utmost to meet the delivery deadlines announced to the customer. However, unless otherwise indicated, these deadlines are indicative and therefore do not constitute a firm commitment on the part of FINRES GROUP SA. The customer therefore acknowledges that he/she may not cancel the order or refuse to accept or pay for the products or services, nor claim any compensation whatsoever in the event of late delivery of the products or services ordered.
FINRES GROUP SA goods are delivered EX-WORKS. If they are delivered outside FINRES GROUP SA facilities, they are deemed to have been accepted and received there. FINRES GROUP SA goods are always transported at the customer’s risk. The transfer of risk in respect of the goods takes place as soon as the goods are placed at the disposal of FINRES GROUP SA. In this respect, the customer acknowledges that he has been informed of the dangerous nature of some of the goods.
All goods are delivered in accordance with the manufacturing specifications and under manufacturing warranty according to generally valid dimensions, standards and tolerances.
In the absence of a contradictory statement within 24 hours of receipt of the goods by the customer, the delivery notes and/or transport documents issued by FINRES GROUP SA shall prevail between the parties.
9. TRADE-IN OF GOODS.
Goods will only be taken back if FINRES GROUP SA has expressly agreed to this in writing in advance. Where applicable, they are included in the conditions established by FINRES GROUP SA. Only undamaged goods, in their original packaging, and whose useful life is at least 50% of the stated period, are eligible for consideration. Returned goods will be delivered carriage paid to the FINRES GROUP SA warehouse by the customer. Transport is at the buyer’s risk.
FINRES GROUP SA products are guaranteed against material and manufacturing defects for a period of 3 months from the date of delivery. The warranty shall not extend to defects or damage resulting directly or indirectly from improper use, improper storage, accidents occurring during installation, the use of any unusual force, accidents due to negligence, lack of supervision or maintenance, or any other conduct not in accordance with the instructions provided by FINRES GROUP SA. No financial compensation may be claimed as damages for any reason whatsoever. In the event of defects in the goods delivered by FINRES GROUP SA, its liability is limited, in all cases, to the replacement of the goods delivered.
If FINRES GROUP SA is not the manufacturer of the product sold, the purchaser also benefits from the warranty of the manufacturer of the goods, valid from the date of delivery. The conditions governing this guarantee are communicated to the purchaser at the time of delivery.
The warranty period and conditions for on-site applications are specific to each application and are therefore set out in the FINRES GROUP SA offer.
11. ON-SITE APPLICATION.
If the products have been purchased and delivered prior to the work being carried out, the customer guarantees that they have been stored in accordance with the instructions given in the product data sheet supplied with the FINRES GROUP SA offer.
The customer guarantees that the site on which FINRES GROUP SA is to operate has been prepared, is normally accessible and practicable and meets all applicable safety standards. The site must be free of buildings and/or obstacles. The customer also guarantees the presence of the necessary equipment, such as electricity, water and compressed air, at a maximum distance of 20 meters from the work site. The costs of this equipment and its use are borne by the customer. Any delay or damage resulting from this is the sole responsibility of the customer.
The customer acknowledges that climatic, atmospheric or weather conditions are essential factors in determining the date on which the work will be carried out. FINRES GROUP SA and the customer will therefore jointly define the dates on which the work can be carried out, taking into account the products to be applied and potential influencing factors. The aforementioned conditions may also oblige FINRES GROUP SA to suspend work in progress. If necessary, the parties will jointly define the date for resuming work, taking into account the said influencing factors. FINRES GROUP SA cannot be held responsible for any suspension of work due to climatic, atmospheric or meteorological conditions. FINRES GROUP SA shall in no event be liable to compensate the customer for any such suspension.
FINRES GROUP SA must be notified in writing of any changes requested by the customer during the course of the project, and reserves the right to agree to the additional work requested. Where applicable, the price and delivery date for additional work will be established by mutual agreement between the parties and will be the subject of a written document between the parties.
The work is accepted by the co-contractor as soon as it is completed, notwithstanding minor imperfections that can be repaired within a reasonable period of time. If the contracting party fails to attend or be validly represented at this reception, the date of which will have been communicated in advance by FINRES GROUP SA, acceptance is deemed to have been obtained.
Acceptance implies the customer’s approval of the work delivered to him, and excludes any recourse on his part for apparent defects.
The customer assumes full responsibility for the choice of products purchased from FINRES GROUP SA. FINRES GROUP SA cannot be held liable for any advice it may have given the customer regarding the choice of products on the basis of information provided by the customer.
In addition, to the extent permitted by law, FINRES GROUP SA shall in no event be liable for any damages, including direct, indirect, incidental, special or consequential damages caused to the customer that do not result directly and entirely from FINRES GROUP SA’s failure to perform one of its essential contractual obligations.
In any event, except in the case of fraud or any other case excluding a limitation of liability on the part of FINRES GROUP SA, in the event that FINRES GROUP SA is held liable, the amount of damages that may be due to the customer may not exceed the amount of the sums already paid by the customer to FINRES GROUP SA in execution of the contract or, if applicable, any sums to be received by FINRES SA from its insurance, with regard to product liability.
FINRES GROUP SA shall never be liable for any consequences resulting from the use or installation of products delivered by it that do not comply with the rules of the trade, technical notices, instructions and/or recommendations of FINRES GROUP SA or the manufacturer.
To be valid, any complaint must reach FINRES GROUP SA by registered letter within 48 hours of delivery (as evidenced by the postmark), otherwise it will be considered that the buyer has accepted, without reservation, the goods or services delivered.
Invoices that have not been protested within 10 days are deemed to have been accepted. Shipments for which the purchase order or consignment note has been signed on receipt of the goods are deemed to have been delivered in accordance with the customer’s order.
FINRES GROUP SA invoices are payable in Kraainem, in cash, on the due date. Unless otherwise specified in writing by FINRES GROUP SA, this maturity is for cash. Dispatch of the invoice serves as a summons to pay. Agents of FINRES GROUP SA are not authorized to collect amounts due unless they are in possession of a receipt duly signed by FINRES GROUP SA. It is expressly agreed that in the event of non-payment in cash or on the due date set, any deductions granted will, at the discretion of FINRES GROUP SA, be cancelled and interest on arrears of 5% per month, from the due date of the invoice, will be charged to the purchaser and added to the amount due, without further notice. Each part of a month will be counted as a whole month. It is also irrevocably agreed that a simple delay in payment automatically obliges the customer to pay a fixed indemnity of 10% of the principal sum, with a minimum of €125,-, by way of compensation for damages suffered by FINRES GROUP SA as a result of the non-fulfilment of the principal obligation (art. 1150-1152 and 1129 of the French Civil Code).
16. RETENTION OF TITLE.
The transfer of ownership of goods delivered by FINRES GROUP SA is suspended until the price has been paid in full. With regard to the payment of FINRES GROUP SA invoices, the customer is not entitled to have recourse to set-off, nor to any other exception of suspension of payment such as the exception for non-performance of an obligation. In order to guarantee the payment of FINRES GROUP SA’s invoices, the customer assigns to FINRES GROUP SA all present and future receivables, in particular the customer’s receivables from its own buyer, although this assignment is not limited to this case. All goods delivered under contract remain the inalienable property of FINRES GROUP AG and may not be encumbered or disposed of in any way, unless otherwise agreed.
17. FORCE MAJEURE.
In the event of force majeure, by which is meant strikes, disruptions in the manufacturing process, non-delivery or delayed delivery of raw materials necessary for the production and transport of the goods ordered, climatic, atmospheric or meteorological conditions or other circumstances which, as a consequence, prevent FINRES GROUP SA from fulfilling its obligations for a short or long period, FINRES GROUP SA is entitled, at its option, either to extend the delivery period by the duration of the force majeure situation, or to terminate the contract, provided it has not yet been performed.
18.PROCESSING OF PERSONAL DATA.
Any personal data communicated to FINRES GROUP SA in connection with the order will be processed in accordance with the law of December 8, 1992 on the protection of privacy with regard to the processing of personal data. FINRES GROUP SA will use the customer’s personal data to perform the contract and to keep the customer informed about its products and services. The customer has the right to consult his personal data at any time and to delete or modify them if they are incorrect.
19. AUTONOMY OF CLAUSES.
The nullity, invalidity or non-binding nature, in whole or in part, of a provision of these general terms and conditions or of a clause or part of a clause shall not entail the nullity, invalidity or non-binding nature of the other provisions, clauses or parts of clauses, nor shall it affect the validity and binding nature of the general terms and conditions in their entirety.
The fact that FINRES GROUP SA does not avail itself, at one time or another, of one of the provisions of these general terms and conditions may not be interpreted as a waiver by FINRES GROUP SA of its right to avail itself of such provision at a later date.
These terms and conditions are governed by Belgian law. In the event of a dispute, only the courts of Brussels shall have jurisdiction, without prejudice to the consumer’s right to bring the matter before the court of his district.