Terms and Conditions of sale and warranty
GENERAL TERMS AND CONDITIONS OF SALE AND WARRANTY
- All orders are subject to the following terms and conditions, which prevail over the terms and conditions of our buyers, in particular those contained in their order forms.
- Our offers and the files processed by our sales staff are entirely without obligation. The contract shall only come into force after written confirmation by the seller or at the time of execution of the contract.
- Unless otherwise stated on the invoice, invoices are payable net in cash.
- The amount of the invoice that has not been paid in full on the due date shall, without notice of default, be increased by a fixed compensation equal to 15% of the amount due with a minimum of € 50. This presumed amount will be subject to an interest rate of 1.5% per month without notice of default. Each month started will be considered as a full month.
- The delivery time indicated is purely indicative and does not imply any guarantee on our part. We cannot be held responsible for any delay and this cannot give rise to any damage or to the dissolution of the contract by the buyer. Our prices and offers are not binding.
- No complaint shall be admissible unless it is sent by registered mail within eight days of delivery. A hidden defect must be reported by registered letter within eight days of its discovery and within six months of delivery.
- The settlement of a complaint shall in no way release the customer from his payment obligations. No product may be returned without the prior written consent of the seller.
- In the event that the material delivered is defective, our guarantee is limited to the replacement of the product and, if this is impossible, to the reimbursement of the product, without the buyer being able to demand the dissolution of the transaction or any compensation.
- Any cancellation by the customer must be made in writing. This cancellation is only valid with the written agreement of the seller. Otherwise, the customer will be charged a fee of 15% of the total amount of the order.
- All disputes relating to the interpretation, validity and execution of this contract and the agreements arising from it shall be settled in accordance with Belgian law and shall fall under the exclusive jurisdiction of the courts of the judicial district of Kortrijk.
- Any deviation from these general conditions is subject to our written agreement.
RIGHT OF OWNERSHIP
The seller remains the owner of the goods until full payment has been made. The risks are borne by the buyer.
Advance payments may be retained to cover possible losses on resale.
WAIVER OF CLAIM CLAUSE
In the event of resale of the goods, even if they have been rebuilt and are the property of the seller, the buyer waives all claims arising from the sale.
The prices are exclusive of 21% VAT from our warehouse.
Photos are not binding, product specifications and prices are subject to change without notice.
Transport and assembly possible, info: 0032 473 13 99 90 email : firstname.lastname@example.org
PRICE REVISION CLAUSE
Our deliveries are invoiced at the price valid on the day of the order, if it concerns an immediate delivery. For longer-term orders, Herman BV has the right at all times to adjust its prices to compensate for an increase in its own costs, in the following, non-exhaustive, listed cases: (1) an increase in the price of raw materials, goods or services needed to produce the goods, including but not limited to an increase in personnel costs; (2) a change in type, design, quality, packaging, shipping and delivery methods or other specifications with respect to the goods in the offer or order; (3) requests for overtime; (4) unexpected events beyond Herman BV's reasonable control that complicate Herman BV's execution of the agreement.
All orders are subject to the general conditions which prevail over the conditions of our buyers, more precisely the conditions mentioned in their order forms.
Herman bvba guarantees the products against manufacturing defects and proper functioning, for the purpose for which they were created, for a period of 12 months if the goods are used correctly (for example, bamboo shelves placed in a place where rain can accumulate are not covered by the guarantee). This period begins on the date of the final invoice for the delivery in question.
The onus is on the customer to prove the defect.
Parts that are covered by the warranty will be repaired or replaced at the discretion of Herman bv and by Herman bv.
The transport or shipment of the parts, as well as the costs of disassembly and assembly of the parts, are at the expense of the customer.
For a correct and fast processing of the warranty, please inform us by registered letter within eight days after the discovery of the warranty defect and within six months after delivery or assembly by our services. This registered letter must contain at least the following information
- Copy of the invoice of the goods/materials concerned.
- Detailed description of the defect
- Photos or samples of the product concerned
EXCLUSION OF WARRANTY
The following items are excluded from the warranty
Surface rust/surface corrosion.
Defects caused by normal wear and tear.
Defects such as discoloration or expansion caused by climatic and weather conditions, unless otherwise stated in the product description.
Defects due to the behaviour of the customer or third parties (improper use and assembly, modification of the product, use of third party parts, improper transport, packaging and storage).
2nd choice, liquidation sales and second-hand items.
Any other compensation for transport, installation, reinstallation, consequential damage, dismantling or other costs are excluded from the warranty.
The customer can only make use of the guarantee if he fulfils all his obligations towards
HERMAN BV - HORSEPLAST Lauwsestraat 120 B-8511 AALBEKE
VAT : BE 0502 948 067
This also includes the payment of invoices for goods and services delivered/placed on time.
The texts, images and graphics on this website are all subject to copyright and other intellectual property rights. The objects may not be copied for commercial purposes or distribution, nor may they be modified or placed on other sites without the written permission of HERMAN BV. Some of the images on this website may be protected by the copyright of their suppliers.