General Delivery Terms and Conditions

/ General Delivery Terms and Conditions

All our prices are inclusive of VAT unless expressly stated otherwise.

Our sales are exclusively governed by the general terms and conditions below, which the purchasers declare they accept simply by placing an order with us. Deviations from these general terms and conditions are only possible by means of an express written agreement between the two parties. Our clients’ terms and conditions shall not apply in any circumstances.

Article 1. Tenders – Sub-confirmations

Our tenders and sub-confirmations are only valid for 5 days unless we opt still to carry them out.

Article 2. Prices

Our prices offers, which are recorded in our catalogues, price lists and on our website, as well as the prices and offers notified by our representatives, agents and clerks are not binding on us unless they are confirmed expressly and in writing by us, given that all orders are subject to acceptance by us. In the event of special productions or extended orders, and this because of the uncertainty of raw material prices, the wages and the changes that can occur between the placing of the order and its completion, our prices are stated as a guide only and are not binding on us. The prices may be increased or lowered by preceding report to take account of the changes that have taken place. Furthermore, any alteration of the content of an order, made after that order has been confirmed by us, allows us to amend the prices to it. For each order we can require a non-refundable advance of a minimum 30% of the total value of the invoice, before proceeding to perform the agreement. Where the purchaser cancels the contract, we can retain the advance as compensation for costs already incurred.

Article 3. Images

All images, drawings, technical data, dimensions, colours etc., included in our website, catalogues and pricelists apply only as estimates and cannot give cause for any damages or cancellation of the contract by the purchaser.

Article 4. Materials

Knowledge of the properties of fibreglass, urethane and ABS is required for the correct installation of the body-styling parts. The purchaser accepts that some parts require more or less adaptation to have everything fit perfectly. The purchaser is advised to entrust the installation to an expert. When fitting a lightweight bonnet, we advise the purchaser to fit bonnet catches. The purchaser is responsible for applying to the authorised government body, which licences fittings and assemblies on his roads. We cannot be held liable in any case for the fitting of non-regulation parts by the purchaser or a third party engaged by the purchaser or for damage deriving therefrom to the purchaser or third parties, or the property of the purchaser or third parties.

Article 5. Delivery dates

The agreed delivery dates are non-binding on us and are given as an indication only, such that a possible delay in no way entitles the purchaser to damages or cancellation of the contract. If the purchaser does not pick up the goods at the time provided, he may no longer invoke the previously specified delivery dates. We reserve the right to regard the purchase as cancelled if the purchaser still has not collected the goods more than 15 days after the agreed collection date, and this without prior notice of default and without prejudice to our right to claim compensation for the damage suffered as a result of late collection or failure to collect. In the event of any kind of force majeure, which delays or makes completion of the order impossible, we are legally permitted, after notifying the customer, to terminate or cancel the contract without the customer being able to claim damages from us.

Article 6. Place of Delivery – Risk

Unless otherwise expressly agreed, the goods shall be handed over validly by making the material sold available to the purchaser in our facilities as soon as the goods have been characterised. In any event the purchaser shall bear the risk from the point of their being made available, even in the event of free sale or transport by the seller. In the event the goods are sent to an address provided by the customer and the goods are not received, the goods shall be stored in the forwarder’s warehouse. The seller shall then make contact with the customer to discuss settlement of the contract. In the case of a second offer to the same address or a new offer to another address provided by the customer, the additional tendering costs shall be paid by the purchaser. In the event the purchaser refuses to take delivery of the goods, the goods shall be returned to our warehouse. In the event the purchaser has not collected or accepted the goods within 2 weeks following the latest offer by the forwarder, we are entitled to charge the customer all costs incurred (transport costs, administration costs, possible losses from an onward sale…). All advances and payments made by the purchaser in the context of this agreement remain the property of the seller by way of compensation.

Article 7. Complaints

Possible complaints relating to the quantity, type, quality and conformity with the order or the invoice must, subject to nullity, be made at the time of acceptance and in all cases within 5 days at latest following receipt by fax and then confirmed to us by registered letter within 15 days before the goods are sold on to third parties. Complaints relating to hidden defects must, subject to nullity, be made at latest 8 days after their discovery and confirmed to us at latest within 1 month of delivery by registered letter. Under no circumstances can a complaint lead to the payment of the price being partially or completely postponed.

Article 8. Exchange or mediation in warranty matters

Returns of goods will not be accepted, save for prior agreement in writing by us. This agreement is in no way an admission of liability. Goods are always returned at the purchaser’s expense. No guarantee against leaks is given on rear lights and headlights. If the complaints in warranty matters are found to be admissible and justified, our liability is limited in all respects to the repair, if this is technically feasible and not disproportionate in terms of the selling price and/or seriousness of the defect, or otherwise to a maximum of the replacement if the goods supplied with exclusion of all other compensation for direct or indirect damage, including damage to persons or the property of the purchaser or third parties. If there is no possibility of repair or mediation, we can proceed to reduce the price or cancel the sale, which cannot occur in the event of a defect of slight significance. Our mediation in warranty matters shall not be able to exceed the selling price of the goods and, in the event of a repayment to the purchaser, account will be taken of the use that the purchaser may have had of the sold good before the defect came to light. The goods will only be exchanged or taken back, after we have expressly agreed to this, in the original and undamaged packaging. The purchaser shall ensure that the goods to be returned are solidly packed and protected from the risk of damage during transport. Goods already fitted, adapted and or damaged shall not be considered for warranty, exchange, return or repayment. The warranty is excluded if the discovered defect is the result of faulty or bad maintenance, of a faulty use or more generally of a fault committed by the purchaser or a person for whom the purchaser is liable, even if this fault is in conjunction with a fault in the sold good. Any repayment to the purchaser for any reason whatever shall only take the form of a voucher to be used at AVB-Sports.

Article 9. Trademark

The fabrication and trademarks, type and identification numbers or signs that were applied to goods that we supply, may not be removed, damaged or altered.

Article 10. Payment

Subject to alternative and written provision our invoices are payable in advance or, following our express consent, payable in cash following delivery at our business head office in Verebroek. Possible risks from exchange rates shall be borne exclusively by the purchaser, who shall have to compensate and indemnify us for these. The VAT, in addition to any other duty or tax to be levied, is always payable by the purchaser. Payment, without reserve, of even a part of this invoice, is deemed acceptance of this invoice. Payments are accepted in cash, by transfer, via credit card in our premises (VISA, MasterCard, Maestro, American Express, Diners Club) or bank contact/Mister Cash or Proton. Cheques are not accepted.

Article 11. Non-payment

Negligence interest of 1% per month shall be owed legally and without notice of default on sums not paid by the purchaser on the due date, whereby any started month shall be regarded as a complete month. Moreover, in the event of late payment the purchaser shall owe damages, which are calculated all-inclusive at 10% of the invoice sum with a minimum of € 35.00 subject to reservation of all other collection costs. We also reserve the right to prove the damage actually suffered. Non-payment of one invoice on the due date renders all other invoices immediately payable, even those not yet due. In the event of defaulting on the payment of an invoice on the due date, we may suspend or definitively stop all later orders. Furthermore, we reserve the right in the event of default of payment, within fifteen days of sending notice of default by registered letter, to require either the unconditional fulfilment of the contract or, in the case of spread deliveries, to regard the contract as terminated in respect of the part thereof not yet completed and to require compensation equal to 30% of the sum yet to be paid under the contract, this as compensation for the damage suffered and profit lost, subject to reserve of proof of greater damage. If payment is still not made, we also reserve the right to hand over the matter at any time to collection.

Article 12. Renewal of the debt

The drawing, acceptance or placing in circulation of bills or other tradable documents does not produce a renewal of the debt and entails no deviation from these provisions.

Article 13. Contracts

Possible contracts entered into by our representatives or agents outside the framework of these provisions are only binding on us following express written acceptance by our management.

Article 14. Non-service

If the purchaser neglects to fulfil his contracts, the purchase shall be legally annulled/terminated without notice of default at the purchaser’s expense. The damages for non-service by the purchaser are fixed at an all inclusive 30% of the purchase price with a minimum of € 500.00. We also reserve the right to pursue the matter in nature and/or to prove the actual damages.

Article 15. Creditworthiness

If our confidence in the creditworthiness of the purchaser is shaken, including by legal actions taken against the purchaser or other apparent reasons, we reserve the right, even if the good have been dispatched completely or in part, to delay the whole order or part thereof until the purchaser has taken steps to provide the necessary guarantees for the proper fulfilment of his obligations. If the purchaser refuses to enter into this, it shall be non-service in the main in the meaning of Article 13 and the whole of this article shall be applicable.

Article 16. Property

Transfer of title Notwithstanding the transfer of the risk of the sold goods to the purchaser from their departure from our warehouse, the goods remain our property until payment in full of the principal sum, the damages, the interest and the costs. We can freely dispose of these goods until paid for in full. As long as all corresponding invoices are not paid in full, the purchaser is not entitled to pledge the goods or to use them as security in the widest sense of the term. All risks are at the purchaser’s expense. The advances paid remain acquired by us as compensation including for possible losses on resale. If the purchaser sells or himself machines goods belonging to us, he shall assign all claims for damages arising from the sale to us. He undertakes to inform the opposing party of this.

Article 17. Competence – Applicable law

In the event of a dispute, at our discretion only the courts in the city where our head office is located, those in our place of business or those in the domicile/head office of the purchaser shall be competent. In all cases the Belgian courts are competent and only Belgian law is applicable.

Article 18. Renunciation – Nullity – Precedence

The purchaser can never regard the invalidity of one or more provisions of these terms and conditions as a renunciation of these terms and conditions. The invalidity of one or more articles or part of an article shall not affect the validity of these terms and conditions. In any event our terms and conditions take precedence over those of the purchaser who, by placing the order, waives his own terms and conditions and shall make no claim upon them.

The present terms and conditions are applicable from 20th October 2006 and annul all previous versions.