1. SCOPE
The sale and delivery of goods shall be carried out by LDA NV according to the present conditions. Acceptance of the invoice shall be considered as acceptance of the invoice conditions. Any deviation from the present conditions shall only be legally valid if agreed in writing and signed by a member of the LDA NV board.

2. OFFER AND ORDER
LDA NV shall reserve the right of intermediate sale. The order signed by the customer shall be considered as a binding offer. LDA NV shall consider orders as accepted providing these are confirmed in writing within two weeks, or if executed by delivery.

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.

3. PRICES
The agreed prices are excluding delivery, information or other peripheral performances. LDA NV shall determine the manner of forwarding. Any expenses for packagings deviating from the normal packaging (e.g. packaging suitable for marine transport) are at the purchaser’s expense. Free forwarding shall only be done if agreed with LDA NV in writing.

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
Any delivery terms are merely given as an indication without any guarantee for delivery on that specific date.

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.

5. RISK
The goods are and shall be transported at the customer’s risk ex LDA NV.

LDA NV has the right to carry out partial deliveries.

6. PROPERTY RIGHTS.
Until complete settlement of payments due by the customer, LDA NV shall reserve the property right regarding any of the delivered goods by way of payment surety for anything LDA NV is entitled to in virtue of the sales agreement. As long as the purchaser has not paid the totality of the delivered goods, he shall refrain from selling, pawning, pledging or mortgaging, renting or lending out of the goods concerned.

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.

7. WARRANTY
In case of any defects to the goods delivered by LDA NV, the latter shall either repair the defects or have them repaired, or shall deliver a new good as replacement for the defective one.

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.

8. LIABILITY.
LDA NV shall not be held liable for any direct or indirect damage for which LDA NV has not explicitly accepted liability in the present conditions.

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.
The present conditions shall be governed by Belgian law. In case of any disputes, only the courts of Brussels shall be competent.

10. MISCELLANEOUS STIPULATIONS.
In case separate stipulations included in the present general conditions should be completely or partially invalid, this will have no consequences as regards the validity of the other stipulations of the general conditions.

Our sales conditions will supersede the purchase conditions of the customer.