General Terms and Conditions of Sale.
Macovak's general terms and conditions of sale.
General
All quotations and sales by MACOVAK are exclusively subject to the present terms and conditions of sale. These conditions are automatically accepted by the buyer and/or ordering party at the time of placing the order, without any reservation and notwithstanding any contrary purchasing conditions of the buyer. Any modifications to our terms and conditions of sale are possible only if confirmed in writing by MACOVAK.
Transport
Goods are sold ex warehouse. Transport is at the expense and risk of the buyer, even if sold carriage paid. In the event of delayed delivery at the request of the buyer, a storage fee will be charged. In this case, the risk always remains with the buyer.
Delivery times
Delivery times are provided for information purposes only and are not binding on MACOVAK. Exceeding these terms does not entitle the buyer to cancel the agreement, refuse payment, or claim compensation.
Prices
Unless otherwise stated, our prices are always net, i.e., excluding VAT, taxes, transport costs, insurance, etc. Any fluctuations between quoted and invoiced prices may occur in the event of price increases by manufacturers, exchange rate changes, taxes, or VAT increases. Our prices are non-binding for repeat orders.
Due date
All invoices are payable at the registered office of MACOVAK or to its bank account within 30 days from the invoice date. No representative is authorized to acknowledge receipt of payment or to collect money; otherwise, the buyer risks double payment.
Any unpaid amount on the due date will automatically and without notice incur interest of 1.5% per month from the invoice date. In addition, a fixed compensation of 20% of the unpaid invoice amount, with a minimum of EUR 400.00, will be due automatically and without notice. Each started month will be considered a full month. Cheques and bills of exchange are only considered payment after clearance. Any related costs are borne by the buyer or client.
Cancellation of sale
Non-payment of a single invoice on its due date, or if the buyer's creditworthiness is compromised, makes the outstanding balance of all other invoices, even those not yet due, immediately payable by operation of law. MACOVAK reserves the right to suspend all deliveries, reclaim or retain the sold goods, and/or terminate the sale, without prejudice to its lien on the goods or their sale price.
Termination of the sale occurs automatically and without prior notice and will be communicated by simple written notice to the buyer. In case of force majeure, e.g., inability to deliver due to death, MACOVAK may terminate the sale without the buyer's consent and without any right to compensation or interest.
Cancellation of purchase
The buyer has the right to cancel the concluded purchase by registered letter to MACOVAK. In such case, MACOVAK reserves the right to recover all costs incurred and loss of profit from the buyer. In the event of cancellation of purchase or sale, any advance payments made shall remain the property of MACOVAK as compensation for losses upon resale.
Retention of title
The delivered goods remain the exclusive property of the seller until full payment has been made. The seller has a right of retention over goods belonging to the buyer that are still in its possession, even if the outstanding debt is unrelated to those goods.
Complaints
Any complaints regarding goods and/or services must be sent to us by registered mail within 8 days after delivery. Any complaint concerning an invoice must be submitted by registered mail within 8 days from the invoice date. Any visible damage to goods and/or packaging must be noted on our delivery note at the time of delivery.
Any hidden defects or damages must be reported in writing within 8 days. After these periods, deliveries and invoices will be considered definitively accepted. Complaints do not entitle the buyer to suspend or refuse payment.
Returns
If goods are returned without our prior agreement and we nevertheless accept them, this will always be under reservation of rights and at the buyer's expense. The goods will be stored at the buyer's risk and expense.
Warranties
The standard warranty period on delivered goods is generally 6 months. No warranty is in principle granted on services rendered, such as repairs. The warranty period starts upon delivery of the goods or machines, whether or not they have been put into use, and for services at the moment our service has been completed. In the event of improper use or use not in accordance with instructions, the warranty is automatically void.
Jurisdiction
In case of dispute, only the courts of the district of Antwerp shall have jurisdiction.