General Terms and Conditions of Sale

By placing an order, you agree to the terms below.

Acceptance of Terms

Unless otherwise agreed in writing, all sales, deliveries and services made by our company Solidfog Technologies SRL are governed by these general terms and conditions of sale. All orders imply acceptance by the buyer and waiver of the right to invoke their own general terms and conditions of purchase. In the event that any article of these General Terms and Conditions of Sale is contrary to the law, only this article will be considered null and void.

Exclusions from our sales/services

The following items are always excluded from our services: the supply of fluids (water, air, electricity), any civil engineering and sealing, the unloading and shifting of equipment at the delivery site as well as the use of a "Qualitest" type inspection company.

Offers 

Unless otherwise stated, all our offers are valid for thirty (30) calendar days.

All our offers are non-binding. Deals concluded by our agents or staff require our written acceptance, even if the customer confirms otherwise. Likewise, only our general terms and conditions of sale remain applicable, unless otherwise stipulated in writing by us.

Transport

Even in the case of free of charge services/sales, the goods are always transported at the customer's own risk, even if the transport is carried out by us.  Any unforeseeable transport cost increase is the buyer’s responsibility. Packaging is invoiced but not returned.

Delivery Deadlines

Delivery deadlines are always given for information purposes only.  Delays do not give rights to payment compensation or contract termination.  Any extension or delay in our delivery time, whether directly or not attributable to our customer, may result in a de facto extension of our delivery time for a period at least equal to the initial time. We reserve the right to charge our customer for any interest or damage resulting therefrom. If the customer fails to take possession of the goods, the costs relating to the additional custody period and the risks inherent therein shall be borne by the customer.

Claims

The goods may be inspected by the customer prior to delivery and are deemed to be approved upon departure.  Any complaint about our deliveries must be sent by registered mail within five working days (according to the Belgian calendar) of the date of receipt of the goods.  Irrefutable proof of the claim validity must be provided by the client at their own expense. A complaint, even if justified, does not entitle to late payments. Notwithstanding the above, in the event of a dispute, the customer will be obliged to protest the invoices sent to him within five working days (according to the Belgian calendar). Failure to do so will result in the customer being deemed to have unconditionally accepted the invoices.

Retention of Title

The delivered equipment/items remain the property of Solidfog Technologies SRL until the full and final payment of the accounts or invoices, including principal, interest and costs. The customer unconditionally agrees that the equipment/items delivered by Solidfog Technologies SRL may not be adapted, transformed, used or integrated in other devices/equipment until the full payment is settled (as mentioned in the previous paragraph).  The equipment/items may not be exported without our consent. In the event of non-payment, Solidfog Technologies SRL has the right to take back the delivered equipment/items without the intervention of the courts.

Price variations

Our prices are exclusive of VAT and based on the market conditions in place on the day we receive the customer's order. Our prices are based on our cost price and tax system in force at the time the order is placed. Any change in one of these factors gives us the right to adjust the prices confirmed in current orders.

Administration fee

An administration fee of EUR 35 excl. VAT is added to invoices lower than EUR 150 excl. VAT.

Payment

Unless otherwise stipulated by us, all our invoices are payable in cash. Failure to this condition may result in the cancellation of the eventual guarantee. Failure to pay a single invoice in time results in the immediate payment of the balance of all other invoices, even if not due, including the compensation and interest amounts.

Late payments

Unpaid invoices by the due date are subject to a 1 % interest per month, ipso jure and without formal notice. A fixed penalty equal to 12% of the invoice amount, with a minimum of EUR 150 excluding VAT, is payable ipso jure if the customer remains in default of payment without justification 15 days after a formal notice has been sent by registered letter.

Technical Warranty

Unless otherwise stated, the warranty period for all new equipment/items is 1 year.

Unless otherwise stated, the warranty is limited to manufacturing defects and will be validated by the replacement of the defective parts.

Payment Guarantees  

We may request payment guarantees during the execution of an order: either because of customer business changes, or late payments, or for any reasons putting payment at risk. If the customer refuses, we may suspend the execution of orders, cancel orders and claim compensation.

Force Majeure and Cancellation

Any fortuitous event or force majeure releases us from our commitments. Any order cancellation by the customer requires our written consent. If the customer cancels an order, they remain liable for the loss of profit as well as the costs, both established on a fixed basis of 10% of the order amount.

Production Losses

Under no circumstances may the buyer hold Solidfog Technologies SRL liable for production losses caused by a malfunction or mechanical breakdown of the delivered goods.

Competent Courts

In the event of a dispute of any kind, the courts of Namur have exclusive jurisdiction. The subscription of bills of exchange, mandates or other promissory or bearer instruments does not operate as a novation or derogation from this jurisdiction clause. All agreements will be governed exclusively by Belgian law.