General terms and conditions
Article 1. Validity
These general terms and conditions are applicable, without any reservation on the part of the buyer, to all our offers, order confirmations, agreements, deliveries, etc. Deviations from these general terms and conditions or any part thereof are only valid after the written agreement of the manager or his representative. Placement of an order and/or acceptance of our invoice implies unconditional acceptance of our general terms and conditions.
Article 2. Conclusion of the agreement
2.1 All quotations are valid for 30 days, but completely non-binding, both in terms of price, delivery period and the possibility of delivery of the products offered, unless otherwise agreed.
2.2 The agreement is only concluded after the buyer has accepted the quotation issued in writing or orally.
2.3 When the buyer makes any reservation or change in the acceptance compared to the quotation, the agreement will only be effected when EVERON LIGHTING TECHNOLOGIES BV. has explicitly informed the buyer in writing to agree.
2.4 When the buyer places an order, which has not been preceded by a quotation from EVERON LIGHTING TECHNOLOGIES BV., EVERON shall only be obliged to deliver after EVERON has confirmed the order in writing.
2.5 Special, and custom made fixtures and accessories cannot be modified or cancelled after order confirmation. Furthermore, they shall never be taken back
Article 3. Quality and quantity
3.1 Notices regarding technical properties etc. of our products are entirely without obligation.
3.2 All indications concerning colors, dimensions, weights and all other technical data and all pictures of the articles in folders, catalogs, advertisements etc. give a global impression of the products and are non-binding. EVERON LIGHTING TECHNOLOGIES BV. reserves the right to change materials, constructions and sizes without prior notice.
3.3 The products to be delivered will correspond with the offer in terms of description, design, quality and quantity and will comply with the European legal safety regulations, albeit that minor deviations in color, quality, dimensions and weight, as far as this does not affect the utility value of the products are permitted.
3.4 In case of deviations with respect to the agreement in the quantity of products delivered EVERON LIGHTING TECHNOLOGIES BV shall, within a reasonable term after written notification hereof by the buyer, take care of the subsequent delivery of the still missing products.
Article 4. Price
4.1 Our prices are expressed in Euro, excluding VAT and possible levies, taxes or expenses such as packaging, pallets, etc.
4.2 The selling price mentioned in an offer is based on the then existing exchange rates, purchase prices of suppliers, transport costs, wages, social security charges and prices of raw materials. In the event of changes in raw materials, labor, import duties, currency ratios, etc., we reserve the right to adjust the price.
4.3 Recupel is not calculated in our prices and is always fully borne by the buyer.
Article 5. Delivery and risk
5.1 The delivery time mentioned in the quotation shall only be approximate and shall not be considered as binding. However EVERON LIGHTING TECHNOLOGIES BV. will try to observe the requested delivery time as much as possible. Exceeding of the delivery time, if within reasonable limits, will not give cause for the cancellation of the order or the dissolution of the agreement. Under no circumstances will we be liable for any compensation in the event of a delay in delivery. If delivery is prevented by force majeure, we shall be entitled either to adapt the agreement to the circumstances or to suspend its execution. The customer hereby expressly waives any compensation or advance notice.
5.2 Exceeding this deadline, for whatever reason, will not automatically entitle the buyer to compensation and/or dissolution of the agreement.
5.3 The delivery period shall be extended by the period during which EVERON LIGHTING TECHNOLOGIES BV. is unable to meet its delivery obligations due to force majeure.
5.4 Force majeure shall mean any circumstance which EVERON LIGHTING TECHNOLOGIES BV. could not take into account at the time of entering into the agreement, as a result of which the fulfilment of the obligations of EVERON LIGHTING TECHNOLOGIES BV. is prevented or can not reasonably be demanded, such as amongst others, but not limited to, strikes, sit-down strikes, transport difficulties, import and export impediments, government measures, non or late delivery by the supplier and furthermore all other causes outside the fault and/or risk environment of EVERON LIGHTING TECHNOLOGIES BV.
5.5 If due to force majeure the delivery is delayed for more than three months, both EVERON LIGHTING TECHNOLOGIES BV. and the buyer shall be authorised to dissolve the agreement entirely or partially.
5.6 The delivery of products within Belgium takes place carriage paid at the destination in case of shipments to one delivery address. The goods will be unloaded next to the truck. For smaller orders < €500,- excluding VAT, an order surcharge of €20,- excluding VAT applies.
5.7 The delivery of products outside Belgium takes place in accordance with the conditions stated in the quotation.
5.8 The delivery shall be completed after notification by EVERON LIGHTING TECHNOLOGIES BV that the goods are ready for collection or the goods have arrived at their destination.
5.9 EVERON LIGHTING TECHNOLOGIES BV. has fulfilled its delivery obligations by offering the goods once to the buyer. In case the buyer refuses to take delivery of the goods, the costs of return, storage and other necessary costs will be for the account of the buyer.
5.10 The transport of the products to be delivered takes place at the risk of EVERON LIGHTING TECHNOLOGIES BV, irrespective of whether the delivery is carriage paid or under which name. If the buyer collects the goods from EVERON, this shall take place at buyer's risk.
5.11 Immediately on taking delivery of the goods, the buyer shall check the packaging or external condition of the goods. If there appears to be visible damage at that time, this must be explicitly mentioned on the document of the transport company stating the nature of the damage. A transcript, photo or copy of this should be sent immediately to EVERON LIGHTING TECHNOLOGIES BV. with attached photographs of the visible damage.
5.12 Buyer shall only be entitled to return delivered goods to EVERON LIGHTING TECHNOLOGIES BV. after prior written consent of EVERON LIGHTING TECHNOLOGIES BV. The goods should be returned by the buyer in original packaging. Return shipments should be carriage paid and take place for account and risk of the buyer.
Article 6. Retention of title
6.1 All deliveries are subject to retention of title. The ownership of the delivered products will not be transferred to the buyer until the buyer has fulfilled his obligations towards the seller under the agreement.
Article 7. Payment
7.1 Payment must be made within 30 days of the date of the invoice, which is a due date, unless otherwise agreed.
7.2 If the buyer fails to pay on time, it shall owe statutory interest plus 1% on the amount payable as from the date it is in default. Then EVERON LIGHTING TECHNOLOGIES BV. shall be entitled to dissolve the agreement entirely or partly, to take back the delivered goods and/or to claim damages.
7.3 Costs related to the collection of claims shall be for account of buyer. The extrajudicial collection costs shall be at least 15% of the total amount due (including interest).
7.4 Buyer shall not be entitled to set off any (alleged) counterclaim on EVERON LIGHTING TECHNOLOGIES BV. against the purchase price due or to suspend payment for whatever reason.
7.5 EVERON LIGHTING TECHNOLOGIES BV. shall always be entitled to require sufficient security for the payment of the purchase price before proceeding to ship the products.
Article 8. Liability, guarantee and complaint
8.1 EVERON LIGHTING TECHNOLOGIES BV. is liable for defects of the product due to the material used, however with observance of the following points.
8.2 Nevertheless EVERON LIGHTING TECHNOLOGIES BV. will repair or replace defective or non-functioning products free of charge during the factory guarantee period mentioned below.
8.3 The warranty period will start at the moment of delivery of the products and will be valid for a period of two years on fixtures, unless parties have explicitly agreed upon another warranty period.
8.4 Defects, or failure to function as a result of incorrect or injudicious use, inadequate maintenance, aggressive environment, use contrary to the instructions provided, errors in use or use for non-normal applications, or improper use, fall outside this warranty.
8.5 The buyer cannot make any claims towards EVERON LIGHTING TECHNOLOGIES BV. for damages or price reduction and shall not be authorised to dissolve the agreement entirely or partially, unless EVERON LIGHTING TECHNOLOGIES BV. after written demand is in default to repair or replace the defective or malfunctioning products within a reasonable period of time.
8.6 After expiration of the agreed warranty period any claim of the buyer towards the vendor with respect to possible defects of goods or improper functioning of the goods will lapse and the agreement can no longer be dissolved.
8.7 Complaints regarding defects or the proper functioning of the products shall be reported by the buyer to EVERON LIGHTING TECHNOLOGIES BV. in writing within ten days after these complaints have been observed, failing which the buyer cannot invoke the given guarantee.
8.8 The buyer is obliged to return the defective or not properly functioning products to EVERON LIGHTING TECHNOLOGIES BV. for examination.
8.9 EVERON LIGHTING TECHNOLOGIES BV. shall not be liable to the buyer, its customers or the end user for any damage, including consequential damage and/or economic damage, caused by a defect in the product or by the use of the product.
8.10 Buyer shall not be entitled to recover from EVERON LIGHTING TECHNOLOGIES BV. any damages incurred by a consumer as a result of a defect in the product.
8.11 EVERON LIGHTING TECHNOLOGIES BV. shall not be liable towards the buyer for any damage caused by delay as a result of not fulfilling the agreement on time.
Article 9. Dissolution agreement
9.1 EVERON LIGHTING TECHNOLOGIES BV. shall be authorised to dissolve the agreement without further notice of default at the moment when the buyer is declared bankrupt, applies for a moratorium, or by attachment in receivership or otherwise loses the power of disposition over its assets or parts thereof.
9.2 As a result of the dissolution, existing claims shall become due and payable.
9.3 The buyer shall be liable for damages suffered by EVERON LIGHTING TECHNOLOGIES BV, among other things consisting of loss of profit and transport costs.
Clause 10. Disputes
All disputes which may arise during the execution of or in connection with the agreement shall, as far as not imperatively prescribed otherwise by law, be brought before the courts of Hasselt to the exclusion of any other right. Only Belgian law is applicable.
Last updated : 15 december 2023