Commercial terms

Subject to a written agreement stating otherwise, our quotations and sales are made under the following conditions:

1. Applicability: These general terms and conditions apply to all our sales. By placing an order, the buyer is deemed to accept them, even if the order is not made in writing or signed. Any deviations are only binding if confirmed in writing by the seller. Such deviations may result in price adjustments. Prices for options are only valid if ordered together with the main order. Quotations are non-binding and subject to prior sale.
2. Prices: All stated prices are net and exclusive of VAT. Costs for assembly, packaging, taxes, interest, discount, shipping, transport, insurance, etc. are borne by the buyer. Prices are subject to revision if, between order and full payment, manufacturer prices, taxes, customs duties, or transport costs increase.
3. Payment: Goods must be paid on the agreed due date or in cash as specified on the front of the invoice. Orders exceeding €10,000 excl. VAT must always be paid before delivery or collection. The seller may issue advance invoices which must be settled before delivery. In the event of late payment, interest is due in accordance with the Law of August 8, 2002, on combating late payments in commercial transactions. If not paid within 30 days, an additional compensation of 10% of the invoice value, with a minimum of €250, is owed to cover collection costs.
4. Obligation to Accept: The buyer must collect the goods within 10 days after notification of availability. Failure to do so entitles the seller to cancel the sale, freely dispose of the goods, and claim compensation of 30% of the catalog value for lost profit and incurred costs.
5. Delivery Time: Delivery times are indicative and non-binding. Delays do not entitle the buyer to any compensation or cancellation of the contract.
6. Delivery: Goods are delivered ex-works. Delivery may take place by transfer to the buyer, availability notice, or delivery to a carrier appointed by the buyer. Transport is at the buyer’s risk, even if exceptionally arranged by the seller. Upon delivery, the buyer is deemed to have inspected and accepted the goods.
7. Complaints: Complaints regarding goods or invoices must be submitted within five days of availability. Thereafter, the goods are considered accepted by the buyer.
8. Risk: All risks pass to the buyer upon delivery. The seller is not liable for personal injury or damage to third parties, even in the case of material or manufacturing defects.
9. Retention of Title: Ownership of goods transfers only after full payment. However, risks transfer upon delivery. The buyer may not sell, transfer, pledge, or modify the goods before full payment. Violations result in a penalty of 25% of the sale price. Proceeds from unauthorized resale remain the seller’s property. The buyer must inform the seller of any third-party claims and bears related legal costs.
10. Repairs & Insurance: The buyer is solely responsible for insuring any machine brought in for repair or maintenance. The seller accepts no liability for damage, loss, or theft due to insufficient insurance.
11. Warranty: New goods are guaranteed by the manufacturer against manufacturing defects for three months from delivery, unless otherwise stated in the order confirmation. Only defective parts are replaced free of charge. All costs related to disassembly, reassembly, transport, and customs are borne by the buyer. No warranty applies to used goods or items that have been misused, modified, or maintained improperly. Warranty lapses if non-original parts or inappropriate lubricants are used, or if payments are overdue.
12. Product Changes: The seller reserves the right to change product specifications without prior notice. Such changes do not apply to already delivered or ordered goods. Data such as size, usage, and capacity is provided for information purposes only and is non-binding. Buyer’s terms are only valid if expressly accepted in writing.
13. Privacy Policy: Personal data is managed by Agiva International BV, Kunstberg 5, 9900 Eeklo, company number 0845.560.084, in accordance with the GDPR (EU Regulation 2016/679). Data may include information on legal representatives, employees, or agents for service and commercial purposes. This data is essential for product delivery, communication, and statistics. It is stored only for the duration necessary, as outlined in our privacy policy (www.agiva.eu). You have the right to access, rectify, object to, or delete your personal data. Concerns can be sent to info@agiva.eu. Unresolved issues may be escalated to the Data Protection Authority, Hoogstraat 139, 1000 Brussels, or the appropriate EU authority.
14. Applicable Law & Jurisdiction: Only Belgian law governs our agreements. Any disputes fall under the exclusive jurisdiction of the courts of Ghent.