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General Terms and Conditions of Sale
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Purpose
These general terms and conditions of sale apply to all sales between DECATEL, hereinafter referred to as “the Company,” and its customers, hereinafter referred to as “the Client,” within the scope of its distribution activity in the field of electrical equipment.
“The Client” means our co-contractor, a professional purchasing our products and services. “The Parties” means the Client and the Company. “Third Parties”: any natural or legal person outside the Parties.
The Client acknowledges having read and unconditionally accepted these general terms and conditions of sale. These conditions take precedence over any other general or specific conditions issued by the Client, except with the Company’s prior written consent.
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Orders
All offers made by the Company, regardless of form, are non-binding unless expressly stated otherwise in writing. The Company reserves the right to refuse any order without explanation or refund. The sending of offers and/or documentation does not oblige the Company to accept an order.
If an order is subject to written confirmation by the Company, execution is strictly limited to the supply of the equipment and/or the work stated in that confirmation. Each confirmation is irrevocably binding for the Client and may only be canceled with the Company’s written consent, subject to a 10% compensation (minimum €150), without prejudice to additional damages.
Each order implies the unconditional acceptance of these terms by the Client, regardless of any comments made, and notwithstanding any other purchasing conditions.
An order becomes valid upon signing the order form, specifying the order date and dispatch date.
Unless deviations from applicable industrial standards are explicitly stated by the Client, variations in weight, quantity, or dimensions up to 10% are permitted, without the Client being entitled to terminate or claim compensation. This applies in particular to metal fabrication, custom-made products, and drum cables.
a. Delivery Conditions
Deliveries are made from our warehouses. Transport costs are invoiced unless otherwise stated. A flat administrative fee of €50 applies to any order below €250. Orders under €100 are not accepted.
b. Delivery Time
We reserve the right to make partial deliveries if this does not entail additional costs for the Client.
Compliance with delivery times assumes that the Client provides all necessary documents, plans, approvals, and validations in time. Failure to do so will extend the delivery period accordingly, without prejudice to any damages for breach of cooperation.
If advance payments are required, delays in payment will also extend delivery times, without prejudice to applicable penalties or compensation.
Clients delaying the collection of their orders agree to reimburse storage costs of 1% per month of the product price, billed from the month following notification of availability.
Delivery times are indicative and delays cannot justify cancellation or compensation unless explicitly agreed otherwise in writing.
If the Client requests modifications after acceptance, the initial delivery time restarts from our written confirmation of such changes.
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Testing and Acceptance of Products
If acceptance by the Client depends on tests performed at our premises, the Client is deemed to have accepted the products once those tests have been completed. Testing costs are borne by the Client.
If the Client fails to carry out such tests despite prior notice, the products are deemed delivered “ex works” in full compliance with expectations.
If acceptance at our premises was agreed on a fixed date, the Client must collect the products within the set timeframe. Failure to do so means the products are considered accepted after two (2) weeks, allowing us to issue an invoice under Article 5.
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Transfer of Ownership and Risk
All delivered goods remain our property until full payment, including interest and costs. Cancellation or return of delivered goods does not affect our right to claim damages. The goods may be resold in normal business operations but may not be pledged or used as collateral.
Risks are transferred to the Client upon delivery to the carrier or upon handover to the Client in case of direct delivery.
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Billing – Payment
Invoices are payable within 30 days of issue unless otherwise stated. Non-payment at due date automatically incurs legal interest without prior notice.
Failure to pay a single invoice renders all other invoices immediately due, even if not yet due. This also applies to protested bills of exchange.
The Client may not withhold payment due to disputes. All taxes and fees are the Client’s responsibility.
If the Client goes bankrupt, transfers assets, faces seizure, dies, or changes business purpose, the Company may immediately claim all outstanding amounts without notice, without prejudice to costs and damages.
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Packaging
Specific packaging requests must be stated on the order form and will be charged to the Client. Returnable packaging, such as cable drums, will be credited if returned in perfect condition within 2 months of delivery.
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Transport
Special transport requirements will only be executed if stated on the order form and will be charged accordingly. Visible transport damage must be noted on the delivery documents and reported immediately.
Goods may only be returned with our written authorization. No returns or credit notes will be accepted otherwise.
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Claims – Returns
The Client must inspect the products upon delivery. Any claim must be made in writing within 15 days. After this period, no claims will be accepted.
Claims must specify the products and reasons, including the order number and reference. If justified, the Company will replace or refund the goods.
Liability is limited to the invoiced amount of the goods and excludes installation, indirect, or consequential damages.
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Work
Work performed by the Company is limited to that specified in the order. Additional work requires written approval. Lost time due to site inaccessibility or delays beyond our control will be invoiced at the applicable rate.
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Warranty
All our products are covered by a one-year warranty against manufacturing defects unless otherwise stated. The warranty excludes defects caused by external influences, misuse, or unauthorized modifications.
Defective parts will be replaced if proven to be manufacturing or material defects. Claims must be submitted within 15 days of delivery, and returns require prior authorization.
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Repairs
Repair quotations are indicative and non-binding. Spare parts are invoiced at current rates at the time of repair.
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Software and Documentation Rights
We retain ownership and copyright of all materials (offers, drawings, documents). They may only be used for contractual purposes and must be returned upon request.
The Client is granted a non-exclusive right to use supplied software and may not alter it without prior written consent.
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Illustrations, Descriptions, and Specifications
The Client acknowledges that product descriptions and specifications at the time of order meet their needs. We reserve the right to make design or technical modifications as long as they remain consistent with the Client’s requirements.
The Client is solely responsible for determining suitability for use. We are not liable for damages arising from non-compliant usage.
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Liability
In the event of proven liability, our responsibility is expressly limited to €2,500 per order, regardless of any higher third-party claims.
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Force Majeure
Force majeure refers to any unforeseeable event beyond the parties’ control that prevents fulfillment of contractual obligations. Temporary force majeure allows suspension of performance; permanent force majeure may result in contract cancellation. Completed work will still be invoiced.
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Disputes
All disputes shall be settled by the competent civil court in Brussels. The Company may propose arbitration by written notice. The Client may object within one month of receipt.