ELBO SIGNS GCV– GENERAL SALES CONDITIONS

  1. BASIC PRINCIPLES – Our general terms and conditions of sale apply to all our sales, which according to its provisions are concluded, subject to the change of specific points explicitly agreed in writing by both parties. Failing this, they shall take precedence over any clause or condition contrary to it, and shall have binding application. By the mere fact of his order, the Buyer acknowledges that he has taken note of it, accepts it and conforms to it.
  2. DRAWINGS – CREATIONS – DESIGNS – MODELS – PROTOTYPES – Whoever orders us to study, design, make a model or prototype undertakes to let us do the work or compensate us for the costs turned us on. Except for the drawing of a factory mark, the designer retains the artistic property right of his creation and, after agreement, only relinquishes his right to display it, in accordance with the legal provisions.
  3. Bis. SPECIFICATIONS – The specifications for manufacturing new signs are free of charge, as are the specifications that can be set up without moving. Others must always be paid, especially those related to repairs or maintenance.
  4. OFFERS – They are made for informational purposes without commitment, subject to sale for the items in stock, and subject to supply by the factories for the other items. They only apply within the stipulated periods. If no period is provided, they must be confirmed by us when ordering. Our order confirmations, which are accompanied by a double, will only be binding on us after this has been returned to us dated and signed, with the requested advance. The indications that appear in our catalogs, prospectuses and rates are only approximate and without commitment. We do not guarantee the details of the prints that accompany our offers. Our sales are only concluded after confirmation by us of the order and after payment of the advance by the buyer, within the agreed term.
  5. Bis. WITHDRAWAL OF THE ORDER BY THE BUYER – Withdrawal of the order by the customer will result in the payment of a compensation of 30% of its amount, by way of compensation.
  6. TAXES – All taxes, stamps, levies, etc., even on transport and packaging, existing or future, which affect delivery before arrival at destination, and which are levied after the conclusion of the contract, will always be charged to the Buyer come. These taxes are never included in our prices, even when it concerns a lump sum. Any Buyer who can claim a tax exemption must provide written notice of this before closing the sale, on pain of having to pay the amount. He will sign a declaration for this exclusively and entirely under his responsibility.
  7. DELIVERY AND PERFORMANCE PERIODS – The ones we specify are always approximate and observed as accurately as possible without ever being guaranteed. Whatever the delay of an order, it will always be followed up, unless a counter-order has been accepted by us. The cases provided under art. 16 suspend the execution of deliveries, which will resume as soon as the impediment has disappeared. The same applies if the payment conditions are not complied with or if the information to be provided does not reach us in time. Unless expressly stipulating an unchangeable period, no delay will give the Buyer the right to terminate the contract or obtain supplies elsewhere at our expense. No compensation or penalty may be claimed from us.
  8. PLACES – It is always assumed that these must be done at 3 m 50 from the ground and on a smooth brick wall. The additional works that entail the hardness of the wall, the lack of support, the removal of fixed supports or the height of the signboards, will be charged directly at the usual price.
  9. EQUIPMENT DAMAGE – We are in no way liable for damage to the facades (cracks, dust, soiling, etc.) or to other parts of the building during the installation or maintenance we carry out. This is especially true for placements that occur on marble, glass, bluestone or other brittle materials, as well as on the edge of the walls. Our workmen act according to the express instructions of the customer and only at his risk. Since our works are clearly visible and easy to check, the discharge that the client gives by signing an order, shipping or work invoice will be irrevocable.
  10. INSURANCE – Our civil liability towards the items entrusted to us is insured up to an amount of € 25,000 per item entrusted. Our civil liability after delivery and installation is also insured for physical damage up to an amount of € 250,000 and for material damage up to an amount of € 25,000 per claim. Our clients expressly agree to limit their claims to those amounts. This insurance lasts up to one year after installation or maintenance. Our civil liability insurance covers our customers for the entire duration of our maintenance contract. The customer has an interest in reporting the placement of his signboard to his insurers for fire and storm damage. It is also in his interest to have his banner insured all risks.
  11. CONNECTION OF ADDITIONAL WORKS AND DELIVERIES – Our prices and specifications are always calculated only for delivery and installation of the signs. They therefore do not include connection costs. These will be charged separately at the standard rate of which the customer will be notified upon simple request, or which is available for inspection at our office.
  12. PLACEMENT PERMIT – The buyer is responsible for obtaining the necessary government permits for placing the advertisement, together with any necessary permits from neighbors, co-owners, etc. as well as the necessary steps from the electricity distributor. For its part, the seller will provide all necessary information for this. The mere fact of the order to deliver and place the advertisement implies that the seller may assume that the permits and permissions provided are in order. The customer remains responsible for the permits at all times. At the request of, at the expense of and on the responsibility of the customer, the supplier can guarantee all formalities required for obtaining the necessary government permits. The buyer will provide all necessary plans, sketches, original cadastral plans and information to the seller.
  13. CHECKS – The checks and inspections of neon installations, as provided for in articles 75 et seq. Of the Royal Decree of December 28, 1931, will be borne by the customer. The latter will provide for the appointment of the institution or agent for control that will be charged with the supervision of the installation.
  14. WARRANTY – The equipment is guaranteed for 1 year from its delivery against construction defects and defects in the materials supplied. This guarantee does not cover the lamps. The installer undertakes to replace the appliances and materials that are covered by the guarantee and that do not meet the required quality free of charge, but the customer undertakes to claim materials of any kind other than the replacement of the said appliances. also. This guarantee will however only apply insofar as the defects of the equipment or the materials used are due to an act of the installer and not of a third party, who has requested the customer to make changes or repairs, or in the event of a claim by someone other than the seller or force majeure.
  15. STORAGE – Subject to our express agreement as a seller, we accept storage of the signs for a period of 3 months against payment. Subject to further instructions for safekeeping, the seller has the right at the expiry of these 3 months to dump these complaints without prior notice. The storage is charged on a daily basis per m2 of storage space required at current rates of the Belgian Sign Organization.
  16. ACCEPTANCE – The merchandise is always accepted or, as such, before departure, even if the sale is FOB or carriage paid, and even if we have committed ourselves to transport the merchandise with our own trucks. Consequently, if the buyer does not foresee when ordering that he wants to carry out an inspection of the merchandise before departure, this will be regarded as definitively accepted, without any other message, when leaving our stacking place and no objection will be admissible. with regard to quality, quantity or weight. Merchandise sold ex warehouse or not delivered from our warehouses will be considered final acceptance upon departure or according to the supplier’s own provisions.
  17. COLLECTIONS AND SHIPMENTS – The collection times that we indicate are of strictest application (see Art. 14). Shipment takes place exclusively at the risk of the buyer, and without any liability on our part (art.11), both when the merchandise is shipped FOB, carriage paid or cash on delivery, either by a carrier or with our own trucks, and even when we take us to deliver them on site. We do not in any way guarantee the means of transport and limit ourselves to making them available as an intermediary. The risks of the route, of transshipment, delay, strike, incorrect shipment or incorrect application of the transport rates are always borne by the buyer. The merchandise is only insured under an express order from the buyer, which must be repeated with each shipment. It is always the buyer who, under penalty of forfeiture, must take legal action against the carrier or the insurer. The shortcomings, delays, irregularities or damage must be determined upon arrival of the merchandise and an official report will be drawn up that will be countersigned by the delivery person.
  18. UNLOADING – It must always be carried out by the buyer. If no one is available for unloading, our driver is authorized to recruit the necessary personnel on site at the expense of the customer. Any delay incurred in unloading our trucks will be taken into account, as well as the status of the wagons at the station, or the storage costs of the packages.
  19. RETURNS – Nothing may be returned without our prior and express consent other than to be the Purchaser’s sake. The return must in any case take place carriage paid in our stacking place, exclusively at the risk and responsibility of the buyer. After acceptance, a credit note will be issued subject to a deduction of 20% of the value for expenses. If this return does not result in a refund of taxes, these, like the new tax that may be due, will be borne exclusively by the Buyer.
  20. COMPLAINTS – To be eligible, a complaint regarding the invoice must reach us within eight days after it has been sent. A complaint regarding the delivered goods can only exceptionally be accepted as a result of accepting the merchandise when leaving the warehouse. It can be accepted with regard to the installation, provided that it is received within two days of the installation. In any case, the invoice must be paid on the due date. In the event of a dispute, the merchandise remains under the care of the Buyer, who undertakes to store and store it in a suitable area solely under his responsibility.
  21. DISSOLUTION – Any case of force majeure, labor dispute, prohibition of foreign exchange trading, devaluation, multiplication of duties or charges of any kind, lack of transport equipment, raw materials or manpower, limitation of energy consumption, shutdown of the furnaces, accident or machine breakdown, damage to the vehicle used for transportation, exceptionally cold, damp or dry period, any governmental prohibition on the import, export, transportation or handling of the merchandise or any raw material with which it is manufactured or any other force of force affecting our workshops or that of our suppliers relieves us of any liability or obligation and also gives us the right to cancel our contracts, but cannot, however, result in the termination of an agreement by the Buyer nor justify any breach of obligations that have already expired.
  22. CONTRACTUAL DEFICIENCY – Failure of the Buyer to fulfill any of its obligations entitles us to irrevocably terminate or amend the contract in whole or in part without being obliged to pay any compensation, or to give notice of default or notice in advance, or to have a dissolution pronounced in court, and without prejudice to the compensation that we could claim.
  23. PAYMENTS – Our invoices are payable in cash within Euros within one month at our office. We do not waive this right if we draw a bill on the Buyer or accept values ​​on account. We reserve the right to request good references or a guarantee that covers the price of the order, or even advance payment, even before partial delivery of the merchandise, before delivery. In the absence of this, our shipments are made against cash on delivery. Payment may not be postponed due to the fact that the merchandise is not shipped if the necessary instructions have not been given to us in due time, nor because of complaints regarding the quality, choice or uniformity of the merchandise. If a claim is made that gives rise to compensation, the latter will be settled separately. The delivered merchandise remains our property and we reserve the right to retrieve it until the full payment of our invoices in principal and additional costs. The buyer gives us formal and irrevocable authorization to do so and expressly undertakes to accept the bills of exchange that we would draw on him.
  24. LACK OF PAYMENT – Without any prior notice of default, and without any other form of service, any default of payment on any due date will have the following consequences by operation of law: all guarantees given will be suspended until receipt of the full payment, including the appurtenances, without this suspension being able to extend the permitted guarantee period; it will automatically cause time to lapse and make all our claims payable immediately. Any invoice that has not been paid within the month or an overdue due and payable claim will legally yield interest from the invoice date to payment of 1 percent per month, as well as compensation for unproductive trading capital amounting to 10 percent of the invoice amount.
  25. PROTEST – If our company agrees to accept commercial paper in payment, it will be released from the warrant of offer or protest in due time.
  26. The death, incapacity, judicial agreement or bankruptcy of the Buyer gives us the right to cancel his orders in progress or to suspend execution without notice. Furthermore, we will be able to demand immediate and full payment of all deliveries that are in progress or unpaid. It goes without saying that we will be entitled to take back the unpaid merchandise and to charge paid advances on the deliveries made.
  27. COMPETENT COURT – Any dispute between parties falls exclusively within the jurisdiction of the Courts of our choice of Hasselt or Tongeren. Our conditions of sale take precedence over those of the buyer, especially on this point. The writing of bills of exchange does not imply a debt renewal or derogation from this rule. The registration will always be charged to the party that made this formality necessary.

Version 2 dated 29/08/2019