I) GENERAL CONDITIONS OF SALE
Article 1: OFFERS
1.1 The offers of CHR Horeca are always subject to and without commitment on its part as to the availability of equipment and price changes. These can be modified until the conclusion of the contract between the parties. The equipment offered is intended for professional use.
Article 2: ORDERS
2.1 The order made by the buyer is not perfect until it has been accepted by the CHR Horeca Company. It is during this acceptance that the contract between the parties is concluded.
2.2 The order is irrevocable by the buyer and cannot in any case be canceled by him even before acceptance by the CHR Horeca Company.
2.3 Sending an order implies acceptance of all our general conditions of sale.
Article 3:DELIVERIES
3.1 Delivery time: the delivery time is given by the Company CHR Horeca only as an indication, it is not mandatory and non-compliance does not give rise to any right to compensation or termination of the order. The buyer is required to accept that his order be delivered in several shipments.
3.2 Place of delivery: all sales are deemed to be made at the registered office of the CHR Horeca Company.
3.3 Moment of delivery: delivery is deemed to have been made when the equipment leaves the warehouses of the CHR Horeca Company or one of its suppliers.
3.4 Unloading: the ground floor of the address indicated on the order form is deemed to be the place of unloading. The impossibility of access will imply unloading in front of the main entrance. Any additional handling, rental or transport costs will be borne by the buyer.
3.5 Conformity of delivery: the equipment is deemed to be compliant when it leaves the warehouses of the CHR Horeca Company. If the delivery is made by a carrier, the buyer must check the equipment upon receipt. If he finds damage, he must note it on the delivery slip and immediately notify the CHR Horeca Company. The buyer is also obliged to assign the carrier by registered mail within three days and send a copy to the CHR Horeca Company.
3.6 Refusal of delivery: in the event of refusal of delivery of the equipment following the order or non-execution of the latter through the fault of the buyer, the latter will be required to pay the Company CHR Horeca compensation equivalent to 30% of the market price as fixed and irreducible compensation in termination (amicable or judicial). This compensation may however be greater than 30% if the damage actually suffered by the Company.
3.6 Refusal of delivery: In the event of refusal of delivery of the equipment following the order or non-performance thereof through the fault of the buyer, the latter shall be required to pay the Company CHR HORECA compensation equivalent to 30% of the market price as fixed and irreducible compensation in termination (amicable or judicial). However, this compensation may be greater than 30% if the damage actually suffered by the CHR HORECA Company is greater than this amount.
Article 4: PRICE
4.1 The selling prices of the CHR HORECA Company are exclusive of VAT according to the rate in force on the day of dispatch (proof of the dispatch note).
Article 5: TRANSPORT AND TAXES
5.1 The transport costs are borne by the buyer, our conditions therefore apply from our warehouses in Brussels (Ex Works). All taxes, customs or other fees, as well as any transport insurance costs, are also the responsibility of the buyer.
Article 6: CONNECTION OF EQUIPMENT
6.1 The prices indicated do not include the connection costs, nor the costs of useful modification to the existing installations for the proper functioning of the equipment, these will be invoiced on a cost basis.
Article 7: PAYMENTS
7.1 Invoices are payable in cash. The remittance of drafts, commercial papers or the acceptance of partial payments does not operate novation.
7.2 In the event of partial payments or by drafts, non-payment on one of the due dates automatically renders the existing balance due for all transactions in progress between the same parties.
7.3 Any amount not paid on its due date will automatically bear default interest and without prior notice at the rate of 1% per month.
7.4 In addition, in the event of non-payment on the due date, the invoices are automatically increased by a fixed indemnity of 15% as conventional damages with a minimum of sixty-five (65) EUR and independently of the default interest, which also leads to an immediate suspension of deliveries and of any after-sales service intervention.
7.5 All bank and/or postal check service charges are the responsibility of the buyer.
Article 8: RETENTION OF OWNERSHIP
8.1 The equipment sold will remain the property of CHR Horeca until full payment has been made.
8.2 The buyer undertakes not to part with the equipment until it has been fully paid for.
8.3 The buyer must inform the CHR Horeca Company in the event of seizure of the equipment for which the property belongs to him.
8.4 The CHR Horeca Company reserves the right to repossess unpaid equipment at any time.
Article 9: DISPUTES
9.1 Any dispute relating to the sale must be addressed, duly substantiated, to the CHR Horeca Company within eight days of delivery of the equipment.
9.2 The buyer does not have the right to suspend his payments in the event of late, partial or allegedly defective deliveries, under penalty of being subject to the conditions mentioned in article 7.
9.3 The buyer cannot claim compensation for loss of goods due to the technical failure of equipment or for waiting for spare parts that are not immediately available.
Article 10: WARRANTY AND RESPONSIBILITIES
Professional users:
10.1 The equipment is covered by a warranty against manufacturing defects for one year from the date of invoice from the CHR Horeca Company (and none for second-hand equipment), it includes labour, movements, as well as the replacement of defective parts, excluding normal wear parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as "consumables" as well as interventions following limescale, misuse, cleaning, electrical short-circuit, training, etc.
10.2 The warranty for any “plug-in” equipment, i.e. electrical equipment, single-phase (230V/1), with a volume of less than ½ m³ and a weight of less than 30 kg, does not include travel. The buyer will be required to return the defective equipment to the address of the CHR Horeca Company and collect it after the intervention.
10.3 This period may however be reduced in the event and insofar as the guarantee granted to the Company CHR Horeca by its own manufacturer is less than one year.
10.4 The warranty on the equipment is specific to the person or company appearing on the purchase invoice, it is in no way transferable to third parties. In the event of moving or reinstallation of the equipment, only the CHR Horeca Company is authorized to intervene, any intervention on the said equipment by third parties, without the prior written authorization of the CHR Horeca Company will result in the loss of warranty coverage.
Professional resellers:
10.5 The equipment is covered by a warranty against manufacturing defects for one year from the date of invoice from the CHR Horeca Company (and none for second-hand equipment), it only includes the replacement of defective parts. excluding normal wear parts such as seals, filters, lamps, windows, refrigerant gas, thermocouples, etc. defined as “consumables” as well as interventions following limescale, misuse, cleaning, electrical short-circuit, training, etc.…
10.6 This period may however be reduced in the event and insofar as the guarantee granted to the Company CHR Horeca by its own manufacturer is less than one year.
10.7 The spare parts replaced in accordance with the clauses of the guarantee must be returned (postage paid) within 30 days (legitimate requirement of the CHR Horeca Company in order to benefit itself from the guarantee of its manufacturer), accompanied by the document " TE99” duly completed. After this period, they will be systematically invoiced and due.
Article 11: AFTER-SALES SERVICE
11.1 Hourly rate: any technical intervention, maintenance, training, etc. will be invoiced according to the current rate of the CHR Horeca Company. The 1st hour of service will always be chargeable and the following ones will be invoiced in ½ hour increments.
11.2 Travel: travel expenses will be invoiced according to the current rate of the CHR Horeca Company. These will always be due, even if the interventions have not allowed the restoration and this, regardless of the cause.
11.3 Spare parts: They will be invoiced according to the current price list of the CHR Horeca Company.
11.4 Interventions: Will take place every working day from Monday to Friday from 8:30 a.m. to 5:00 p.m. Any request for intervention outside these hours and after agreement from the CHR Horeca Company will be increased by a lump sum of seventy-five (75) EUR, regardless of whether it is under warranty or paid for.
11.5 Repair in the workshop: The repair of equipment in the workshop is invoiced according to the current rate of the CHR Horeca Company. The owner is required to recover the repaired equipment as soon as the communication is made by the CHR Horeca Company. If the latter remains unanswered, a formal notice by registered mail will be sent, leaving 30 days to do so. After this period, the CHR Horeca Company may not only demand payment for the repair, but also dispose of the said equipment as it sees fit, without the possibility for the owner to claim any compensation whatsoever for their non-recovery.
Section 12: INTERPRETATION
12.1 In the event of a dispute relating to the interpretation of these general conditions of sale, the reference text is that written in French.
Article 13: APPLICABLE LAW AND COMPETENT COURTS
13.1 Any dispute is subject to Belgian law. The courts of Brussels have sole jurisdiction.
SPECIFIC CONDITIONS OF SALE:
Article 1: OFFERS
1.1 CHR Horeca's offers are always subject to and without commitment on its part as to the availability of equipment and price changes. These can be modified until the conclusion of the contract between the parties. The equipment offered is intended for professional use.
Article 2: ORDERS
2.1 The order made by the buyer is not perfect until it has been accepted by CHR Horeca. It is during this acceptance that the contract between the parties is concluded.
2.2 The order is irrevocable by the buyer and can in no case be canceled by him even before acceptance by the company CHR Horeca.
2.3 The sending of an order implies the acceptance of all our general conditions of sale.
Article 3: DELIVERIES
3.1 Delivery time: the delivery time is given by CHR Horeca only as an indication, it is not mandatory and non-compliance does not give rise to any right to compensation or termination of the order. The buyer is required to accept that his order be delivered in several shipments.
3.2 Place of delivery: all sales are deemed to be made at the registered office of CHR Horeca.
3.3 Moment of delivery: delivery is deemed to have been made when the equipment leaves the warehouses of the company or one of its suppliers.
3.4 Unloading: the ground floor of the address indicated on the order form is deemed to be the place of unloading. The impossibility of access will imply unloading in front of the main entrance. Any additional handling, rental or transport costs will be borne by the buyer.
3.5 Conformity of delivery: the equipment is deemed to be compliant when it leaves the company's warehouses. If the delivery is made by a carrier, the buyer must check the equipment upon receipt, if he notices any damage, he must note it on the delivery slip and immediately notify CHR Horeca. The buyer is also obliged to assign the carrier by registered mail within three days and send a copy to CHR Horeca.
3.6 Refusal of delivery: If the buyer refuses the delivery of the equipment ordered or does not execute them for reasons attributable to him, he must pay the company CHR HORECA a lump sum and irreducible compensation in termination (amicable or judicial) equivalent to 30% of the market price. However, this compensation may be greater than 30% if the damage actually suffered by CHR HORECA is greater than this amount.
Article 4: PRICE
4.1 The selling prices of the company CHR HORECA are exclusive of VAT according to the price list in force on the day of shipment (consignment note serving as proof).
Article 5: TRANSPORT AND TAXES
5.1 The transport costs are the responsibility of the buyer, our conditions apply from the moment of departure from our warehouses in Chelles.
All taxes, customs or other fees, as well as any transport insurance costs, are also the responsibility of the buyer.
Article 6: CONNECTION OF EQUIPMENT
6.1 The prices indicated do not include the connection costs, nor the modification costs necessary for the existing installations for the proper functioning of the equipment. These costs will be invoiced by management.
Article 7: PAYMENTS
7.1 Invoices are payable in cash and before delivery and installation of the order.
The delivery of drafts, commercial papers or the acceptance of partial payments does not constitute a novation.
7.2 In the event of partial payments or by drafts, non-payment on one of the due dates automatically renders the existing balance due for all transactions in progress between the same parties.
7.3 Any sum not paid on its due date will automatically bear default interest and without prior notice at the rate of 1% per month.
7.4 In addition, in the event of non-payment on the due date, the invoices are automatically increased by a fixed indemnity of 15% as conventional damages with a minimum of sixty-five (65) EUR and independently default interest, which also entails the immediate suspension of deliveries and of any intervention by the after-sales service.
7.5 All bank and/or postal check service charges are the responsibility of the buyer
Article 8: RETENTION OF OWNERSHIP
8.1 The equipment sold remains the property of CHR HORECA until full payment has been made.
8.2 The buyer undertakes not to dispose of the equipment until it has been fully paid for.
8.3 The buyer is required to notify the company CHR HORECA in the event of seizure of the equipment for which he holds the property.
Article 8: RETURN OF UNPAID EQUIPMENT
8.1 The CHR HORECA Company reserves the right to repossess unpaid equipment at any time.
Article 9: DISPUTES
9.1 Any dispute relating to the sale must be addressed, duly justified to the Company CHR HORECA, and this within eight days following the delivery of the equipment.
9.2 The buyer cannot suspend his payments for reasons of late, partial or allegedly defective deliveries, under penalty of application of the conditions set out in article 7.
9.3 No compensation can be granted to the purchaser in the event of loss of goods due to a technical failure of equipment or the expectation of spare parts not immediately available.
Article 10: WARRANTY AND RESPONSIBILITIES
Professional users:
10.1 Equipment is covered by a warranty against manufacturing defects for two years from the date of invoice from CHR HORECA (no warranty for second-hand equipment). The warranty covers labor, travel, as well as the replacement of defective parts, excluding normal wear parts such as seals, filters, lamps, glass, refrigerant gases, thermocouples, etc., which are considered "consumables". Interventions related to limescale, improper use, inadequate cleaning, electrical short circuit, formation, etc. are not covered by the warranty.
10.2 The guarantee for all "plug-in" equipment, i.e. single-phase electrical equipment (230V/1), with a volume of less than 0.5 m³ and a weight of less than 30 kg, n does not include travel. The buyer is responsible for returning the defective equipment to the address of the CHR HORECA Company and recovering it after the intervention.
10.3 The warranty period may be reduced if the warranty granted by the manufacturer of the CHR HORECA Company is less than one year.
10.4 The equipment warranty is reserved for the person or company mentioned on the purchase invoice and is in no way transferable to third parties. In the event of equipment being moved or reinstalled, only CHR HORECA is authorized to intervene. Any intervention on the equipment by third parties without the prior written authorization of the CHR HORECA Company will result in the loss of warranty coverage.
Professional resellers:
10.5 The equipment is covered by a warranty against manufacturing defects for 2 years from the date of invoicing by the CHR Horeca Company (and none for second-hand equipment), covering only the replacement of defective parts excluding normal wear parts such as gaskets, filters, lamps, glass, refrigerant gas, thermocouples, etc. which are considered "consumables", as well as interventions due to limescale, improper use, cleaning, electrical short circuits, formation, etc.
10.6 However, this period may be reduced if the guarantee granted to the CHR Horeca Company by its own manufacturer is less than one year.
10.7 The spare parts replaced in accordance with the terms of the warranty must be returned (postage prepaid) within 30 days (legitimate requirement of the CHR Horeca Company to benefit itself from the warranty of its manufacturer), accompanied by the document "TE99 " duly completed. After this period, the parts will be systematically invoiced and due.
Article 11: AFTER-SALES SERVICE
11.1 Hourly rate: any technical intervention, maintenance, training, etc. will be invoiced according to the current price of the CHR HORECA Company. The 1st hour of service will always be chargeable and the following ones will be invoiced in ½ hour increments.
11.2 Travel: travel expenses will be invoiced according to the current rate of the CHR HORECA Company. These will always be due, even if the interventions have not allowed the restoration and this, regardless of the cause.
11.3 Spare parts: They will be invoiced according to the current price list of the CHR HORECA Company.
11.4 Interventions: Will take place every working day from Monday to Friday from 8:30 a.m. to 5:00 p.m. Any request for intervention outside these hours and after agreement from the CHR HORECA Company will be increased by a lump sum of seventy-five (75) EUR, regardless of whether it is under warranty or paid for.
11.5 Repair in the workshop: The repair of equipment in the workshop is invoiced according to the current rate of the CHR HORECA Company. The owner is required to recover the repaired equipment as soon as the communication is made by the CHR HORECA Company. If the latter remains unanswered, a formal notice by registered mail will be sent, leaving 30 days to do so. After this period, the CHR HORECA Company may not only demand payment for the repair, but also dispose of the said equipment as it sees fit, without the possibility for the owner to claim any compensation whatsoever for their non-recovery.
Article 12: JURISDICTION CLAUSE
Any dispute arising from the execution or interpretation of these special conditions of sale will be subject to the jurisdiction of the commercial court of MEAUX.