BELGIUM I POLAND
Terms and Conditions
1. The following terms shall be deemed as irrevocably accepted upon receipt of the invoice and/or confirmation of the assignment.
2. TB Technic has the right to change term / condition off sales by them self .
3. The customer can’t avail himself of terms that are not expressly stipulated in writing by both parties.
4. Every complaint regarding the delivered goods and/or services or the non-acceptance of the invoice in general, must be communicated to us by registered letter within eight days of receipt of the invoice, referring to the invoice number.
5. Orders are only binding to the seller after a written order confirmation from the seller.
6. When the seller acts as an intermediary, the guarantee is restricted to the standards awarded by the manufacturer or supplier. In case of an accepted complaint, this guarantee is restricted in any case to the exchange of the parts that reveal irrefutable hidden defects. Defects as a result of force majeure or of an incorrect intervention by the buyer or third parties do not fall under any guarantee. No form of reimbursement, compensation or indemnification can be charged. The obligation to guarantee only covers those defects appearing inside the period of one year following delivery. Furthermore, an amount of maximum liability on the part of TB Technic can be supplemented (e.g. the value of the agreement): “The total maximum liability of the seller as a result of this agreement can’t exceed the value of the agreement. The seller shall not be bound to any other guarantee or damages than those stipulated above. More specifically, the seller shall not be subject to any damages for possible damage to products used for business purposes or for losses associated with the professional All quotations shall be free of obligation.
7. TB Technic cannot be responsible for any bad function & result and more if the client is doing the engineering by them self or have special demand …this will be on there own reponsability .
8. All quotations shall be free of obligation. All current and future taxes, and additional fees and costs, of any kind, linked to the sale are at the expense of the buyer.
9. All the given prices are always based on the salaries, social security expenses and materials prices that are valid at the time of the quotation. Official modifications, as provided by legal provisions automatically cause a corresponding modification of the prices laid down in the contract. This proportional increase can likewise apply to part of the order or assignment.
10. Quotations and price lists commit the buyer for only 30 days after the date of issue. Unless otherwise agreed, the prices shall be deemed to apply to unpackaged goods. The package is invoiced separately.
11. The given delivery and implementation dates are for information purposes only. Non-compliance with the given data and/or period can never be invoked to cancel the contract. In case of non-compliance in this respect no damages can be claimed. If the buyer does not take receipt of the goods at the time they are made available by the seller, he is not permitted to postpone the due date that was set for payment associated with the delivery. The seller provides the storage of the goods at the expense and risk of the buyer. If the buyer so requests, the seller, shall provide for the insurance of the goods at the expense of the buyer.
12. Incomplete delivery of an order may not cause refusal of payment of the delivered goods and/or services.
13. The transport or dispatch of our products, in any way possible, is always done at the risk of the buyer.
14. No damages can be claimed if TB Technic is not capable to fulfil the agreement as a result of force majeure. In addition, we maintain the right to terminate the agreement.
15. All our invoices must be paid cash at the address mentioned on the invoice, unless otherwise agreed between the two parties, in advance and in writing.
16. All goods as a whole remain the property of TB Technic until these goods are paid in full. In case of non-payment, any paid advances shall be used as compensation for costs and loss of profit. The buyer undertakes not to sell or pass over the goods to third parties as long as they remain the property of the seller. Failure to comply with this prohibition shall lead to a due payment of a lump sum of damages of 50% of the selling price by the byer (as supplement to the selling price and possible compensation for delay).
17. When the buyer fails to comply with the agreed term for payment, the seller is entitled from the following day, by operation of law and without notice of default, to an interest equal at the reference interest rate plus eight percentage points and rounded to the higher half percentage point. In addition, when the buyer fails to comply with the agreed term for payment, the seller, without prejudice to his right to reimbursement of the legal costs, is entitled to a fair compensation from the buyer for all relevant recovery costs due to the payment delay. The fact that interests are stipulated shall not prevent payments from being claimable on the expiry date.
18. Non-payment of a single invoice on the relevant expiry date will make the balance payable of all other invoices, whether already due or not, immediately payable. Regardless the previously granted payment conditions.
19. If the buyer rescinds an agreement with TB Technic unilaterally, a compensation is set at 15% of the contract amount, for injury caused to the company, unless TB Technic can make a claim for more extensive damage. This amount is irreducible and is calculated against the already paid advance.
20. Cheques and bills of exchange are valid as payment only after they have been settled. Any costs in this respect shall be at the expense of the buyer.
21. If the credit of the buyer is deteriorating, TB Technic has the right, even after partial fulfilment of the order, to demand additional guarantees. In case the buyer does not give us satisfaction, TB Technic has the right to cancel the contract.
22. The buyer is not permitted, during a period of one year following the termination of the agreement, to enter into transactions with our employees. During this period, they are not permitted to be employed by him, either directly or indirectly. On pain of an immediately due and payable fine of 250.00 EUR per day, without notice of default.
23. The interpretation and effectiveness of the agreement, the fulfilment and these general sales terms, shall be exclusively subject to Polish law, even if the customer is a company governed by foreign law and/or the delivery should be carried out abroad, wholly or partially. Any dispute on the validity, fulfillment or interpretation of the agreement, the execution and these general sales terms fall within the exclusive competence of the courts of Wroclaw in Poland.