General Terms and Conditions

Article 1 

These terms and conditions apply exclusively to all orders, repairs, agreements, and deliveries made by NV ENGELEN-HEERE.

Deviations from these can only be mutually agreed upon in writing.

Thus, her terms always prevail over any possible terms of our contracting party.

By accepting an offer, placing an order, or giving an assignment, the buyer

expressly and irrevocably accepts her terms without reservation.

Article 1 bis

In cases where, after mutual consultation of the parties, deviations from certain points of these terms are agreed upon in writing, the remaining terms remain in effect, even if this is not explicitly stated.

Commitments made by travelers, representatives, or other personnel are only binding for NV ENGELEN-HEERE when they have also confirmed them in writing.

Article 2

All offers from NV ENGELEN-HEERE are non-binding. Obligations on her part arise only after she has confirmed an order in writing and has received a deposit in cash.

Article 3

Changes in price components (taxes, import duties, exchange rates, insurance, etc.) that occur after the conclusion of an agreement but before the delivery of goods take effect for or against the buyer.

Article 3 bis

By placing the order, the buyer also accepts that NV ENGELEN-HEERE is entitled to increase the agreed price if the prices of materials, transportation costs, wages, and social charges have increased since the date of the agreement.

Such price increases will be communicated to the buyer in writing and with justification, and are binding on him.

Article 4

The delivery times proposed by her are always given with a positive approach, so she is not liable for any adverse consequences arising from any delays.

Article 5

All goods sold by NV ENGELEN-HEERE are considered delivered at her warehouses, and the buyer is responsible for, and pays for, the transportation to the location of his choice.

The acceptance of the goods takes place in the warehouses of NV ENGELEN-HEERE before loading onto the transport vehicle, and from the start of loading, the risk passes to the buyer.

Article 5 bis

In the event that the delivery is refused by the recipient or not picked up, the storage costs as well as the maintenance costs are at his expense.

Article 6

If the buyer unilaterally terminates the contract, whether by failing to pay for the goods on time or by defaulting, he owes NV ENGELEN-HEERE compensation, conventionally and fixed at 1/3 of the sale price plus all costs and charges.

Article 6 bis

If, in the event of non-payment of its invoices, collection must be pursued through legal or extrajudicial means, the amount of the claim of NV ENGELEN-HEERE will be increased by a flat rate of 10% of the sale price, with a minimum of € 125, while the legal and extrajudicial costs will be borne by this buyer.

Article 6 ter

This penalty clause is intended to cover the additional administrative costs of debtor monitoring, availability of funds, etc.

The fee remains due even when the late invoice is paid only in principal.

Article 6 quarter

Moreover, such late payment constitutes a contractual default on the part of the buyer, which gives NV ENGELEN-HEERE the right to immediately and without any notice suspend subsequent deliveries.

Article 7

Cash payment must, in principle, be made on the invoice date.

In the event of non-payment, 1% interest per month will be charged from the invoice date, by operation of law and without notice.

Article 8

Complaints can only be considered if they are submitted in writing, motivated, and registered within eight days after delivery to NV ENGELEN-HEERE.

Article 8 bis

A warranty, if mentioned in the sales contract, will expire if the maintenance instructions provided with the deliveries are not strictly followed by the buyer and if he misuses the delivered goods, or if he has adjustments or repairs made by third parties to the delivered goods without the written consent of NV ENGELEN-HEERE.

Article 8 ter

When factory or own warranty certificates are issued for delivered goods, the provisions thereof will be strictly adhered to by NV ENGELEN-HEERE, unless the buyer has had work performed on the delivered goods by third parties without her express consent.

Article 9

NV ENGELEN-HEERE is not liable for losses and damages arising from delays in the execution or non-execution of orders, insofar as they arise from causes external to her business.

She is not liable for damages due to default on the part of her supplier of equipment or materials.

Article 10

The proper functioning of the delivered goods is optimally guaranteed in accordance with the relevant provisions in price lists, circulars, and contracts.

However, NV ENGELEN-HEERE is never liable for business or other damages incidental to the buyer, arising from the use of the delivered goods, nor to persons, nor to property, nor in the case of production damage or production loss.

Article 10 bis

Any warranty is excluded for visible defects from the acceptance of the goods in the warehouses of NV ENGELEN-HEERE, and for hidden defects, warranty is only granted if a detailed and valid protest is made within eight days after delivery.

In this latter case, her warranty is limited to the replacement by equivalent goods, with only transport costs and labor hours to be borne by the buyer.

Complaints must be submitted in a motivated, written, and registered manner.

Article 11

As long as the delivered goods, along with all additional costs, taxes, and charges, have not been fully paid by the buyer, these goods remain the sole property of NV ENGELEN-HEERE.

In this regard, the unpaid seller has a right of retention (art. 20.5° Hyp.W. and art. 1593 B.W.).

Het voorrecht wordt ter dezer, in voorkomend geval, contractueel uitgebreid naar het schadebeding en de conventionele 

The general costs of filing the invoice with the Clerk of the Commercial Court of the buyer's residence, set at a flat rate of €100, including VAT, are the responsibility of the buyer who is granted a payment extension.

Artikel 11 bis :

Nevertheless, the buyer assumes all risk of loss or damage to the goods from the moment of delivery, regardless of the cause, and/or for any damage caused by these goods.

Unless written permission is granted by NV ENGELEN-HEERE, the buyer, considering the retention of title, is not authorized to transfer the goods to third parties before full payment. 

Without prejudice to its other rights, NV ENGELEN-HEERE is irrevocably authorized by the buyer to take back the delivered goods or, if they are mounted on movable or immovable property, to dismantle and take them back, wherever these goods may be located, if the buyer fails to meet his payment obligations, either partially or not timely, without any notice of default, based on a simple order from the Enforcement Judge in Antwerp.

Artikel 11 ter :

In other words, in the event of a sale, the buyer only becomes the legal owner of the delivered goods after paying the full purchase price, possibly increased by conventional default interest, reminder costs, penalty clauses, and legal costs.

The same applies in the event of the buyer's bankruptcy or cessation of business.

Artikel 12 :

In case of dispute, whatever the cause may be, and even in the event of multiple defendants, acceptance of promissory notes, debt renewals, etc., only the Courts of Antwerp shall have jurisdiction and Belgian law shall apply, even if Belgian law refers to foreign law.

Artikel 12 bis :

In the event of any amicable or judicial expertise regarding alleged defects of delivered devices or materials, the appointed expert must carry out all his investigative actions, without distinction, at the warehouses of NV ENGELEN-HEERE, currently located at Fotografielaan 14, 2610 Antwerp-Wilrijk.