This page, as well as the documents or pages to which this page makes explicit reference, serve to inform you about Deltrian International SA (as defined hereinafter) and the legal conditions (the Conditions) under which we offer and sell the products of Deltrian International (the Products).
General Terms and Conditions
We are Deltrian International SA, an incorporated company, registered with the Chamber of Commerce under number BE0440089790, with headquarters located at rue du Berlaimont 21A, 6220 Fleurus.
You can contact us by phone at +32 71 36 40 30, or by email at firstname.lastname@example.org.
Unless otherwise agreed, the client’s submission of an order implies his/her unconditional acceptance of the present terms and conditions of sale, to the exclusion of any other document.
Offers and contracts are expressly precluded from being governed by the client’s terms and conditions.
Studies and Projects – Intellectual Property
The studies and documents made available by Deltrian International SA always remain its sole property. The client agrees to use any and all data provided by Deltrian International SA on an internal basis only. Under no circumstances may the client copy, reproduce, or give these documents to third parties.
Offers – Orders
All offers made are non-binding. Deltrian International SA reserves the right to make unilateral changes to an item that has been ordered if these modifications are related to regulatory and technical changes (in particular as concerns changes of shape, dimensions, or material).
Validity of Offers
Unless otherwise stated, the terms of the offer are valid for 30 days.
Price of Merchandise
The prices are understood to be net, pre-tax, excluding packaging, leaving from Deltrian International SA warehouses. In the case of an order resulting in a delivery deadline of greater than 30 days, the prices set at the time of order are for information purposes only and will be definitively settled at the time of delivery.
Acceptance takes place via acknowledgment of order receipt by Deltrian International SA. All orders are considered to be accepted by both parties 72 hours after the acknowledgment of receipt is sent.
The merchandise remains the property of the vendor until the price is paid in full.
Under no circumstances shall payments be suspended or be subject to compensation without the prior written consent of Deltrian International SA.
Minimum invoice: Orders totaling less than 150€ excluding tax will be invoiced uniformly at 150€ excluding tax.
Financial guarantees: Any and all degeneration of the client’s financial credentials shall justify the requirement of guarantees or of cash payment.
Unless expressly agreed otherwise, invoices are payable:
- In the case of standard equipment, with a turnaround time of less than three months: 100% and all taxes by wire transfer within 30 days of the invoice issue date.
- In the case of special or modified equipment, or for any order totaling more than 15,000 euros: 30% of pre-tax price by wire transfer upon placement of order; the balance and all VAT by wire transfer within 30 days of the invoice issue date.
Unless otherwise stipulated, all of our invoices are payable in Euros, to the Deltrian International SA headquarters at rue de Berlaimont 21A, 6220 Fleurus. Any and all claims regarding the invoice must be addressed to the vendor no more than 15 days following receipt thereof, failing which they will not be considered. In the event of non-payment of any invoice as of its due date, the buyer shall owe interest to the vendor, ipso jure and without prior notice, in an amount equal to the following rate:
- 10% if the buyer is not acting in a professional capacity;
- The rate listed in Article 5 of the Law of August 2, 2002 on combating late payment in business transactions. Any invoice not paid by the due date shall result in the charge, ipso jure and without prior notice, of a lump sum of 75€.
Our products are delivered to the buyer at the seller’s headquarters or business location. Consequently, the buyer assumes responsibility for the transportation of and risks pertaining to the products from the moment that they take possession thereof, or from the moment that the products are made available to them. In the event that the buyer should designate another place of delivery, the removal and, if applicable, the storage of the products will take place at the buyer’s risk and expense. Delivery times are provided for information purposes only.
Transportation fees, packaging fees, and any and all ancillary costs, in particular those related to loading and unloading, are borne in their entirety by the buyer, unless stated otherwise.
Merchandise always travels at the risk of the buyer, who will purchase the necessary insurance. It is the buyer’s responsibility to check the shipments upon arrival and, if necessary, to pursue appeals and remedies against the carriers.
The delivery date is provided for information purposes only, and any lateness shall be used to justify neither a compensation claim nor an order cancelation.
Moreover, the seller has the right to refuse to sell its products based on the availability and sufficiency of its stock, or for any other legitimate reason, and reserves the right to make partial deliveries.
Receipt – Compliance
Receipt shall be considered final as of 8 days after the date of delivery. Without prejudice to any measures to be taken with regard to the carrier, claims with regard to apparent defects or to the non-compliance of the delivered product must be made in writing within 8 days of delivery. After this period, no non-compliance claim shall be accepted by Deltrian. Any return of products not conforming to the order must be authorized in advance by Deltrian.
The accepted return of products acknowledged by Deltrian International SA to be non-compliant shall lead to the replacement of the product free of charge and at the expense of Deltrian, with the exception of shipping and labor costs.
Any and all order cancelation requests must be expressly accepted by Deltrian and will automatically entail the payment of a penalty to vary between 30 and 100% of the order total, at the discretion of Deltrian International SA, based on the timing of the cancelation request. No cancelations will be granted for special-order products.
Reservation of Ownership
The seller reserves ownership of the merchandise until payment is made in full.
The client is authorized, in the context of normal business operations, to resell the merchandise delivered. The client commits to informing his/her own clients that the resold merchandise are subject to a reservation of ownership clause to the benefit of Deltrian International SA. In the event of a payment incident, this authorization is automatically null and void. In the event that the payment is not made within the stipulated deadline, Deltrian International SA reserves the right to take back possession of the delivered products at the client’s expense. In the event of garnishment, or of any other third-party intervention with regard to the merchandise, the buyer must necessarily inform the vendor thereof immediately so that the vendor may raise its objection and preserve its rights.
Monitoring and Tests
Tests may be carried out upon request of the buyer, in our factory test benches, prior to delivery; the expenses in such cases will be borne by the buyer.
In the event that, after delivery, the buyer should contest the characteristics or performance of the equipment, it shall be able to request that measures be taken by Deltrian International SA, onsite if possible. In that case, the buyer will bear the expenses incurred by Deltrian International SA if the performance and characteristics are confirmed to be compliant with the technical conditions of sale, or in the absence of such, compliant with prevailing standards; and in the absence of standards, according to the state of the art or best manufacturing practices and with regard to the conditions specified by the manufacturer.
Jurisdiction and Dispute
In the event of any dispute, the contract is governed by Belgian law, and the courts of Charleroi have sole jurisdiction, unless we as plaintiff decide to bring litigation before another territorially competent jurisdiction, regardless of the place of delivery and the payment method accepted, and even in the event of the introduction of third parties or multiple defendants.