These general conditions define the respective obligations of the contracting parties on sales and services executed by our departments, notwithstanding the application of special conditions.
By signing the agreement or the quotation or by accepting the order confirmation, the customer expressly acknowledges that it is aware of these general conditions and that it accepts them.
Our general terms and conditions of sale are available on our website www.mecafluid.be. They can also be sent to the customer at its request.
The provisions to which it is not expressly derogated remain applicable. Only those waivers agreed in writing on our part can change the application of these general conditions.
In the event of a contradiction between the general conditions of our customers and ours, it is agreed that the latter will prevail.
Save written stipulations to the contrary, our offers are valid for 30 days after their issue.
All our offers and orders are subject to a written request by the customer. The company Méca-Fluid s.p.r.l. is responsible for providing the equipment and/or the service in accordance with the customer's written technical specifications (by email, fax or letter). On the event of a solely oral request (by telephone) from the purchaser, the seller will not be liable for the pertinence of the equipment/service provided. The purchaser is required to check the accuracy of the order confirmation received from the seller and to notify any inaccuracy in writing within 48 hours.
Any order of an amount under €100 will be marked up by €20, excluding VAT and administrative costs.
BeNeLux shipments: Any order of an amount under €150 will be marked up by €13, excluding VAT and package and freight. For any order of an amount over €150 excluding VAT only requiring standard shipment, there will be no additional package and freight costs. For any order over €150 not requiring standard shipment, there will be a €13 package and freight charge for any transmittal note, for this order, grouping equipment for a value of less than €150 ex tax. Shipments requiring special transportation will be invoiced to the customer (Ex Works) save where otherwise stipulated by us.
Other shipments: see recap here
Any order cancellation must be approved by both parties in writing and the purchaser will be obliged to pay an amount equal to 20% of the order price with a minimum of €125 excluding tax.
Packages and their content must always be checked on signing the transmittal note to mark the purchaser's acceptance. If a delivery appears abnormal from the defective condition (external and/or internal) of the package and this leads to a claim from the customer, a photo and a description must be sent to Méca-Fluid s.p.r.l.in writing within 2 working days. If necessary, the refusal of the package must be made to the carrier and notified to Méca-Fluid s.p.r.l. within 2 working days. Any damage the goods may suffer on transportation is payable by the carrier (as of departure from our shipping area).
In the event the goods are returned to the seller, following an error on the part of the purchaser, the material, if stocked by Méca-Fluid s.p.r.l., may be taken back by the latter with a 30% deduction on the net price of the product, subject to its approval (carriage cost paid by the purchaser), if and only if the material is returned in the original package and condition it was in when sold. If the material is not stocked by Méca-Fluid s.p.r.l., it will not be taken back under any circumstances.
Our delivery times are estimated in good faith based on supply times forecast by our workshops, suppliers and sub-contractors. We will not accept responsibility for any delay in delivery and any compensation is excluded.
In the event of a delay in delivery due to any act or omission of the Purchaser, or if, after receiving the "goods available for collection" notification, the purchaser does not take delivery or does not provide sufficient delivery instructions, the seller will be entitled to place the goods in a suitable storage facility, at the purchaser's cost. Once the goods have been placed in storage, the delivery will be considered executed, the risks relating to the goods will be transferred to the purchaser and the latter will pay the seller accordingly.
If a delivery time is compulsory, it must be clearly specified as such on the quotation.
Even in this case, the following circumstances will release us from our delivery terms:
1 - Cases of force majeure (this including, non-exhaustively, strikes, incidents of a technical nature and shortage of labour);
2 - If the order to start our service provision is given late with respect to the contract or our order confirmation;
3 - If the payment conditions are not met;
4 - If the customer decides to make changes during the job;
5 - If the customer doesn't provide the desired information within the specified delivery time.
Prices are in Euro (specifying whether or not VAT is included).
Our prices are not revisable, in principle, but we may apply to them any changes in VAT rates that occur before the delivery date.
They are drawn up considering normal job conditions, with no interruptions, all items the customer must supply or prepare being in correct order at the desired time.
Any additional difficulty giving rise to an increased workload for us, caused by any circumstance alien to our organism, and any changes requested by the customer, automatically entitle us to invoice extra items based on the price list in application at the time.
We draw our customer's attention to the fact that if changes are made to the scheduled service, it will be charged for the works executed and the expenses incurred under the conditions of the initial scheduled service.
Invoices are payable at our registered office at the latest on the precise date that figures on the invoice.
Payments made after this time automatically and without requiring notice bear a conventional interest of 12% and an all-inclusive and irreducible indemnity of 15% of the invoiced sum, with a minimum of €75 for damages and interest. Apart from this interest, the amount of our invoices may also be marked up by €12.5 per letter sent and by €25 for every call-out undertaken by a conciliator.
Any challenge, to be admissible, must be notified by registered letter within eight days of receipt of the contested invoice.
In the event of a failure to pay an invoice on the due date, all invoices whose payment term has not expired lose the benefit of the term agreed and are immediately payable without notice.
The seller retains ownership of the goods sold until payment of the price and its accessories (eventual fees, interest and penalties). Consequently, the buyer expressly refrains from selling, assigning, pledging and in general alienating the goods covered by the contract, before clearance of his account.
The seller may avail himself of this retention of title clause eight days after the sending of a formal notice to pay, by registered letter with acknowledgment of receipt, addressed to the buyer and without effect. The goods must then be returned to the seller immediately and upon request.
The buyer shall nevertheless be liable for the loss, even in case of unforeseeable circumstances or force majeure, of the goods sold.
The above stipulations do not contain any waiver of our right to claim, at our convenience, in the event of non payment or failure of our co-contractor to meet its contractual obligations, the cancellation or termination of the agreement with damages and interest.
Any dispute between the parties or legal action to obtain payment fall under the sole jurisdiction of the Courts governing our headquarters.
Any change in the specific agreements or these general conditions will be subject to a written codicil signed by all the parties.
The invalidity or illegality of one of the clauses agreed between the parties, either in the specific or the general conditions, does not nullify the other clauses, which remain integrally valid.