2. OFFER AND ORDER
Any illustrations, drawings, data concerning weights, measurements, colours, data concerning the appliances’ suitability for new technologies, as given in publications and other communications, among which offers, are only given approximately. Minor deviations from data given in an offer are acceptable if not resulting in substantially different performances to be carried out by LDA NV. LDA NV shall reserve the explicit right to introduce changes and improvements in comparison with the offer, which might be useful for the technical progress of the product concerned, without this leading to any rights for the purchaser.
Invoices shall be paid in cash upon delivery, unless agreed otherwise in writing.
Banking fees for international payments are always for the account of the customer, unless agreed otherwise in writing.
In case of default payment or exceeding of the agreed payment term arrears of interest amounting to 12% shall be charged without prior notification, plus an additional compensation traditionally fixed at 15% of the invoice amount with a minimum of 50.00€.
LDA NV is entitled to demand an advance payment or surety prior to entering into an agreement with the purchaser.
4. TERM OF DELIVERY
In case of force majeure, LDA NV shall have the right to consider the agreement as terminated without any legal intervention or to postpone the agreement until the conditions of force majeure have come to an end and compliance is reasonably feasible.
LDA NV has the right to carry out partial deliveries.
6. PROPERTY RIGHTS.
LDA NV shall have the right to exercise its property rights on the goods as stipulated in article 6 first paragraph at all times and the case arising to recover the goods. Should LDA NV recover the said goods, the purchaser shall be held liable for any expenses incurred by LDA NV in relation therewith. In addition, LDA NV shall have the right to demand compensation for any damage to the goods from the purchaser.
Any complaints regarding incorrectly performed orders, incorrect delivery and/or visible defects shall be notified immediately and at the latest within 8 days by means of a registered letter. Following this period, the customer shall no longer be entitled to any repair or replacement of the defective good.
Unless otherwise agreed in writing, the warranty shall be valid for invisible defects and for one year following delivery.
Any goods or components replaced pursuant to a repair shall become the property of LDA NV.
None of the stipulations in the present article nor any warranty stipulations agreed otherwise, shall be applicable if the good is transferred to third parties by the purchaser or if the purchaser or any third party should have repaired the good.
Accordingly, the purchaser shall safeguard LDA NV against any claims by third parties.
The liability of LDA NV shall at all times be limited to the amount of the invoice of the delivery concerned, or the maximum amount LDA NV should have been entitled to charge to the purchaser.
The restriction of liability, as stipulated in the present article, shall be equally valid for collaborators, employees or any other persons charged by LDA NV with the execution of the agreement.
9. APPLICABLE LAW.
10. MISCELLANEOUS STIPULATIONS.
Our sales conditions will supersede the purchase conditions of the customer.