1. Our quotations, sales and undertakings are governed by the following conditions. We expect these conditions as known and accepted by the other contracting partner. These conditions supercede any other terms and override and exclude any other terms stipulated or incorporated or referred to by the other contracting partner until notice or withdrawal of these terms is given by us. Unless stated to be binding for a specific period, any quotation is subject to withdrawal at any time up until acceptance by the contracting party and is automatically withdrawn 30 days after the date. Orders to SEL TEL under a minimum value can always be refused. The purchasing department of SEL TEL can be contacted for information about this minimum.
2. The estimated delivery date is always mentioned as an indication but time shall not be of the essence. Delivery dates are therefore not guaranteed. Delay in delivery can never be a motive for cancelling an order, breaching the contract, reduction of price or any claim for damages what so ever. Goods travel at the risk of the other contracting party. The contracting party shall also be responsible for all costs and expenses associated with delivery.
3. In case of factory disturbance, stoppage of operations, strikes or lock-out, force majeure, coincidence and/or government measures, we are relieved of our obligation to deliver and/or to execute. Factory disturbances also include a shortcoming of the suppliers of SEL TEL, for which reason ever it may be. We then have the choice between breaking the contract by right, without damages and otherwise the extension of the terms of delivery and/or execution with a period equal to this of the interruption. The breaking of contract or the extension of terms can be served by a simple message of SEL TEL by letter or fax.
4. The indicated price is the price valid on the day of the placement of the order. If between the date upon which an order is placed and the date of delivery an increase of the price might occur in pursuance of fluctuation of exchange rates or changes to any tax on the goods, we shall be entitled to increase proportionally our price, without right for the other contracting party to demand rescission of the contract. In case of all other fluctuations of prices independent of our will, we also have the right to increase our prices proportionally. If the increase is more than 5%, the other contracting party has the right to annul the purchase provided that damages are paid by the buyer, fixed on 25% of the value of the contract.
5. Possible complaints, remarks, contestations or protests are inadmissible if they are not formulated by registered letter within the five days after delivery of the date of the invoice. No returning of goods will be accepted without our prior permission. The other contracting party shall be responsible for all costs and expenses associated with the return. Goods travel at risk of the other contracting party. The customer can never use complaints of remarks as an excuse to suspend payment.
6. The contracting party must inspect goods immediately and thoroughly on delivery. All non-conformities or deficiencies must be notified within five days as specified in article 5 of these conditions. If the other contracting party fails to give such notice the goods shall be conclusively and definitively presumed to be in accordance with the contract and free from any defect which would be apparent on thorough examination and the purchaser shall be deemed to have accepted the goods accordingly. The purchaser’s sole remedy in respect of non-accordance or defects shall be limited as we may elect to the replacement of the goods or refund of the purchase price against return of the equipment; this without any right for the other contracting party to claim damages.
7. Our warranty is always limited to the warranty offered by the supplier of SEL TEL, manufacturer and/or the importer. The customer must fulfill all formalities on that subject. In case of established defect the purchaser must ask SEL TEL for a RMA-number. Goods must be sent back with RMA-number and copy of the invoice of SEL TEL and in the original packaging. Replaced parts remain our property. In case that we offer replaced or repaired goods, the purchaser does not have the right to demand for rescission of the contract or to claim damages of any kind. CPU’s have no warranty. In no way the value of our warranty can exceed the value of the purchase and the contract. Hidden faults must be notified by registered letter within five days after discovery. Unless more severe conditions of the manufacturer or importer, our warranty period is limited to one year after delivery. All transporting costs in connection with the warranty are for the customer.
8.Orders cannot be canceled. If SEL TEL on demand of the customer, in exceptional circumstances and provided an explicit agreement of SEL TEL, can accept a cancellation, the customer will have to pay a compensation which has to be agreed upon, of at least 15%, for damages and restocking charges.
9. All invoices are payable at sight, by right. In case of delay the purchaser shall pay a conventional interest of 1 per cent per month on the unpaid invoices until the day of full payment.Payment at sight is always of essence for SEL TEL. The fixed amount of damages is therefore always strictly put into practice, in view of the fact that each non-payment, how less even the date for payment has been exceeded, causes a disturbance of the economy of SEL TEL. The fixed amount of damages includes the extra costs for personnel, and administration, the unavailability of the capital which causes disturbance of the commercial and financial management of SEL TEL, and occuringly the costs of judicial proceedings which can not be recovered, including a normal fee for the lawyer in case that the buyer has no serious defense against the demand of SEL TEL. In default of payment SEL TEL has the right to suspend further deliveries or the execution of warranty obligations.
10. Until full payment all goods remain our property and we reserve the right to take them back at costs of the purchaser. This clause is valid even if goods should be convented or sold by the customer. In this last hypothesis the right of payment is transferred by right by the customer to SEL TEL. But after delivery all risks of loss and destruction are and stay for the customer.
11. The acceptation of cheques or any other instrument of payment means no renewal of debt and is not detrimental to the appliance of these general conditions. Payment by cheques by the customer: as payment “cash on delivery” is of essence in each agreement, SEL TEL is always entitled to ask for payment in ready money of by certified bankcheque. In case of unpaid cheques – without provision, for what reason whatsoever – the other contracting party recognizes the right for SEL TEL to appeal to a lawyer for intervention in which case the higher fixed amount of damages is always applicable, even if the principal amount is paid immediately after warning.
12. All our contracts shall be governed by Czech Republic law and any disputes shall be settled within the jurisdiction of the Courts of Gent (Czech Republic), unless our right to bring a dispute before an other competent court according to the Belgian judicial procedure.
13. Amounts in Czech Republic on invoices or other documents are mentioned purely for information and without any obligation.