Terms & Conditions

GENERAL TERMS AND CONDITIONS OF TEKNIK-ONLINE (to be referred to further as: “TEKNIK”)

Article 1: Applicability

1.1. All offers, including electronic offers through TEKNIK’s website, will be made subject to these General Terms and Conditions being declared applicable, both to the offers and acceptance thereof, as well as to the agreement thus formed.

1.2. The agreement will be formed once acceptance of the offer has been received by TEKNIK. By accepting the offer, the Buyer thereby states that it agrees to the applicability of these General Terms and Conditions and that it waives the stated applicability of any general terms and conditions used by it.

1.3. If provisos or changes are made in the acceptance with respect to the offer, the agreement will only be formed if TEKNIK has informed the Buyer that it consents to these deviations from the offer.

 

Article 2: Price

2.1. Unless otherwise indicated, the prices stated in the offer will be exclusive of value added tax.

2.2. After the payment period has lapsed, the Buyer will be in default without a notice of default being necessary and will owe due and payable interest of 1.25% per month as from that time. If the Buyer is liquidated, declared insolvent or granted a suspension of payments, the Buyer’s obligations will be immediately due and payable. Any claim by the Buyer against TEKNIK may not be set off.

 

Article 3: Delivery

3.1. Unless a different arrangement is apparent from the invoice, the items purchased will be delivered EX WORKS (Meulebeke).

3.2. Unless expressly agreed otherwise, the agreed delivery date will not be a strict deadline. TEKNIK will be entitled to perform the agreement in instalments. If TEKNIK is unable to provide delivery within the agreed delivery period, it will inform the Buyer as soon as possible, and the delivery period will be extended by at most four months. In this situation, however, TEKNIK will also be entitled not to state a new period, but to rescind the agreement through an extrajudicial declaration. In the latter case, it will only be obliged to pay compensation if the failure to perform the agreement results from intentional acts/omissions or gross negligence by TEKNIK.

 

Article 4: Quality and description

Unless the parties agree otherwise, TEKNIK will not warrant that the goods are suitable for the purpose for which the Buyer wishes to use them, not even if this purpose has been indicated to TEKNIK.

 

Article 5: Storage

5.1. If, for whatever reason, the Buyer is unable to take possession of the goods at the agreed time and they are ready for shipment, TEKNIK will, at the Buyer’s request and if TEKNIK’s storage options allow this, store and secure the goods and take all reasonable measures to prevent them from deteriorating in quality until they are delivered to the Buyer.

5.2. The Buyer must pay TEKNIK for the storage costs in accordance with TEKNIK’s normal rates and, in the absence thereof, the normal rates in the industry, from the time that the goods are ready for shipment until they are actually picked up.

 

Article 6: Transfer of ownership and risk

6.1. Subject to the provisions in paragraphs 2 and 4 of this Article, ownership of and the risk for the goods will be transferred to the Buyer upon delivery, which again, as stated in article 3.1, incurs ex works (Meulebeke).

6.2. As long as the Buyer has not paid the full amount of the purchase price and any additional costs or furnished adequate security for this, TEKNIK will retain the title to the goods. In that case, ownership of the items purchased will be transferred once the Buyer has fulfilled all its obligations vis-à-vis TEKNIK.

6.3. If TEKNIK has good reason to doubt the Buyer’s capacity to pay, TEKNIK will be entitled to postpone delivery of the goods until the Buyer has furnished security for payment. The Buyer will be liable for the damage suffered by TEKNIK because of this delay in delivery.

6.4. The Buyer will ensure that items to which TEKNIK retains title are not pledged and that no other right is created in respect of them. If and insofar as the Buyer does not or does not fully perform its obligations or there is a reasonable fear that it will not do this, TEKNIK will be entitled to remove the items delivered to which the retention of title applies from the Buyer or third parties (or to have these items removed from them). The Buyer must fully cooperate in this regard, subject to a penalty of 10% per day on the amount owed by it to TEKNIK.

6.5. The Buyer undertakes that, at TEKNIK’s request, it will: a. insure the items delivered subject to retention of title and keep these items insured against fire, explosion and water damage, as well as against theft, and make the policy and proof of payment of the premiums for this insurance available for inspection by TEKNIK; b. pledge to TEKNIK all claims by the Buyer against insurers regarding the items delivered subject to retention of title; c. pledge to TEKNIK the claims which the Buyer acquires against its customers upon resale of the items delivered by TEKNIK subject to retention of title; d. regard and label as TEKNIK’s property the items delivered subject to retention of title; e. cooperate in other ways in all reasonable measures which TEKNIK wishes to take to protect its ownership rights regarding the items.

 

Article 7: Warranties

7.1. The warranty period which TEKNIK provides for all items delivered by it will be one year, calculated from the invoice date. The warranty will extend solely to manufacturing defects and defects in materials. Consequential damages and all damage due to (negligent) transportation from the TEKNIK's location will expressly be excluded.

7.2. TEKNIK will assume liability vis-à-vis the Buyer for damage arising to or because of the goods during the warranty period, unless the damage results from the fact that the Buyer has used the goods contrary to the user instructions provided with them or otherwise makes a mistake in using them.

7.3. TEKNIK will never be liable for damage which customers or other third parties suffer, unless there have been intentional acts/omissions or gross negligence on TEKNIK’s part.

7.4. In all instances in which the warranty is invoked, the Buyer must submit a copy of the invoice.

7.5. Return shipments without TEKNIK’s prior approval will be rejected in each case. Return shipments sent without carriage paid will be rejected as well. For items which are inspected by TEKNIK at the Buyer’s request and are found to be in order by it, the Buyer will be charged the actual costs incurred by TEKNIK for inspection and transport, with a minimum of 10% of the original net invoice amount for the item returned.

7.6. Under penalty of cancellation, causes of action with respect to complaints or warranties must be brought within one year after the complaint is timely submitted.

7.7. TEKNIK’s liability with regard to the agreement with the Buyer will be limited to repair of a defective good at no cost or to replacement of the good or another portion thereof or to payment of compensation not exceeding the invoice amount of the good concerned. “Damage” will expressly include consequential damage as well. The manner of compensation will be at TEKNIK’s discretion.

7.8. The Buyer must report complaints arising within the warranty period to TEKNIK immediately, but in any event within 14 days after the complaint is discovered, failing which the warranty will no longer apply.

 

Article 8: Rescission of the agreement and collection costs

8.1. If the Buyer does not timely fulfil its payment obligations nor comply with a notice of default stating a one-week period for payment, TEKNIK will be entitled to consider the purchase agreement rescinded without court intervention. In that case, the Buyer will be liable for the damage suffered by TEKNIK, consisting of, for example, lost profits, transport costs and collection costs. The aforementioned costs will be at least 25% of the invoice amount.

8.2. If TEKNIK takes extrajudicial measures in the event of a breach by the Buyer, the Buyer will pay the costs of settlement. Such costs will be 15% of the invoice amount.

 

Article 9: Rescission

9.1. Subject to the provisions in the previous Article, the purchase agreement will be rescinded without court intervention after a written declaration in the event the Buyer is declared insolvent, requests a temporary suspension of payments, loses the power to dispose of its assets or portions thereof through an attachment, guardianship order or otherwise, unless the receiver or administrator acknowledges the obligations ensuing from this purchase agreement as a debt of the estate.

9.2. Upon rescission, the reciprocal claims will become immediately due and payable. The Buyer will be liable for the damage suffered by TEKNIK, consisting of, for example, lost profits and transport costs.

 

Article 10: Force majeure

10.1. “Force majeure” will mean: circumstances which impede fulfilment of an obligation and which are not attributable to TEKNIK. These will include: a. strikes at TEKNIK’s companies; b. wildcat or political strikes at TEKNIK’s company; c. the inability of TEKNIK’s suppliers to fulfil their delivery obligations vis-à-vis TEKNIK, with it not making any difference for the aforementioned invocation of force majeure whether TEKNIK’s supplier bears the expense and risk for this delay in delivery.

10.2. TEKNIK will also be entitled to invoke force majeure if the situation impeding further performance arises after TEKNIK should have fulfilled its obligation.

10.3. The deliveries and TEKNIK's other obligations will be suspended during the force majeure situation. If the period during which TEKNIK cannot fulfil the obligations because of this situation lasts longer than one month, both parties will be entitled to rescind the agreement, without there being an obligation to pay compensation in that case.

10.4. If, at the time the force majeure situation arises, TEKNIK has already partly fulfilled its obligations or can only partly fulfil its obligations, it will be entitled to separately invoice the portion already delivered or which can be delivered, and the other party must pay this invoice as if it concerned a separate agreement.

 

Article 11: Applicable law and competent court

11.1. Belgian law will solely apply to the agreement concluded between TEKNIK and the Buyer and all subsequent agreements.

11.2. The competent court of the District Court of Kortrijk, Belgium, will have exclusive jurisdiction in the first instance to adjudicate in accordance with Belgian law disputes ensuing from the agreement in effect between the parties or subsequent agreements.

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