Terms and Conditions
Read the general terms and conditions of purchase and sale of COVR bvba below.
These conditions apply to all offers, quotations, deliveries, transport and invoices issued by COVR bvba (hereinafter referred to as COVR), and to all agreements to which COVR is a contracting party, insofar insofar as they have not been expressly waived in writing. These conditions always take precedence over conditions of another contracting party or a third party, unless and only to the extent that these conditions always prevail over the conditions of another contracting party or of a third party, unless and only to the extent that it has been expressly agreed otherwise between the parties.
2) Offers and proposals
All offers and proposals made by COVR, as well as the information provided by it, are always without obligation, are for information purposes only and shall not be binding upon COVR. Offers only lead to an agreement if, after acceptance by the buyer, they are confirmed in writing by both parties. The prices quoted in offers apply, unless expressly agreed otherwise, for thirty (30) days from the date of the offer.
COVR reserves the right to make changes and additions at any time to the product specifications previously communicated by COVR, in the event that these are the result of the technical evolution of the products or economic conditions. COVR guarantees any modified product specifications as equivalent as possible to the functionalities and performances of the delivered product.
The prices quoted by COVR are based on applicable factory prices and subject to foreign currency exchange rates, import duties, levies, taxes and tariffs as known at the time of the offer. COVR reserves the right to increase prices if one or more of the foregoing elements would increase. If there are price increases after the order and before delivery, COVR will contact the customer before the the actual delivery.
Delivery is in general made from the warehouse of Geel, unless otherwise agreed upon. The products are entirely for the account and risk of the customer from the moment they leave the premises of COVR. Any damage to or loss of a product during transport on behalf of COVR must be fully recovered from the transport company.
6) Shipping times
The delivery periods proposed by COVR are indicative and are not and shall not be binding upon COVR. Except in the event of an agreement to the contrary between the parties COVR shall in no event be liable to pay any penalty in the event of delayed delivery. Delayed delivery shall not entitle the client to terminate the contract in whole or in part. In case the client is obliged to pay advances for the delivery of the goods, COVR shall be entitled to terminate the contract. If the customer is obliged to pay advances for the delivery of a product, the customer’s failure to do so shall entitle COVR to terminate the contract in whole or in part. In case the customer is obliged to pay advances for the delivery of a product, the default of the customer gives COVR the right to postpone the delivery of the product until the customer has fulfilled his obligations.
The customer may only rely on the warranty and the duration warranty, given by the manufacturer, importer or main distributor of a product directly for the benefit of the end users With regard to products for which With respect to products for which COVR provides after-sales services, COVR may refer the customer for this purpose to a company that does provide these services. The manner in which a defect is to be handled shall be determined solely by the manufacturer of the product. The cost of any transport to the manufacturer shall always be borne by the customer. COVR can only provide for an immediate exchange of a defective product only if this is supported by the manufacturer.
The customer shall bring the products at his expense to the maintenance service unless a different other warranty formula is provided as standard by the manufacturer for the products in question. The warranty covers material and construction defects and is limited to the repair or replacement of defective parts at the discretion of COVR. The replaced parts shall become the property of COVR.
8) Exclusion from warranty
Are in no case covered by any guarantee: the interventions of COVR due to wrong or abnormal use or operation of the product; negligence of the customer or his agents; fire; defects in the electrical installation and wiring; falls or insertion of foreign objects; accidents objects; accidents; vandalism; use in an unsuitable environment and atmospheric damage caused by static electricity; non-compliance by the customer with local specifications; unjustified calls; damage resulting from repairs, maintenance, adaptation or modification by persons not previously authorized in writing by COVR, and the damage resulting therefrom; irregular operation of equipment to which the delivered products have been connected; damage or defect caused by software, interfaces, or the use of media and/or consumables, which were not supplied by COVR; any return to our address without our prior written consent; replacement or repair of parts whose normal service life is less than the warranty period because of of their rapid wear, (such as lamps, tubes, …); the replacement and/or cleaning of media and consumables such as, but not limited to, floppy disks, printer ribbons, print heads, ink; changing the characteristics, adding or removing parts. Books will only be replaced in the event of a misprint. Software on diskette, CD, DVD or other carrier can never be exchanged if the packaging has already been opened.
9) Installations and interventions
Unless otherwise agreed in writing, the customer will take care of the installation of the products himself. In case of installation by COVR, the customer shall provide all facilities necessary for the necessary facilities (such as, among other things, free access to the products and connected products, documentation for making the diagnosis, electrical power, telephone, presence of a member of the customer’s staff who personally uses the products personally and is aware of the needs of his business and who provides all the assistance required from the customer, …). Installation which cannot be performed due to the lack of the aforementioned facilities, will be invoiced separately by COVR.
Payment of all invoiced amounts must be made in cash upon delivery or collection, unless explicitly agreed otherwise in writing. Payment shall be made without any set-off or discount which has not been agreed upon in writing and in the manner indicated by COVR. If payment is not made, an interest of one and a half (1,5) % per month will be due on the invoice amount, ipso jure and without prior notice of default, as from the date on which the payment obligation arose until the day of full payment. In addition, in the event of non-payment, by operation of law and without prior notice of default, a fixed compensation of fifteen (15) % on a monthly basis will be with a minimum of € 50. In the event of non-payment COVR shall also be entitled, without notice of default suspend all further deliveries to the client and/or declare the current agreements to be legally dissolved by operation of law, and to have the delivered products collected immediately collected at the customer’s expense.
11) Reservation of ownership
The ownership of the delivered goods shall only be transferred to the customer if the latter has fulfilled all his obligations towards COVR. As long as the ownership of the goods has not been transferred to the customer, the latter shall not be entitled to dispose, he is not entitled to sell, pledge or encumber the goods for the benefit of third parties.
12) Force Majeure
COVR will not be liable in the event of force majeure, such as, war, mobilization, riots, martial law, strikes or lockouts, fire, lightning, etc. overvoltage, total or partial stagnation of the transport system, sickness or accident among the staff of COVR, or business interruption or failure on the part of the suppliers of COVR’s suppliers, shall at all times be entitled either to suspend its obligations for the duration of the force majeure situation or, if the force majeure lasts for more than six months, to legally cancel the purchase, without COVR being liable to pay any compensation in either case.
All complaints regarding non-conformity and/or visible defects in related to the products and services provided must be reported to COVR upon delivery. The payment of the delivered products and services implies that the customer accepts the compliant delivery. For defects that are hidden at the time of delivery, must be reported within eight (8) days after their discovery in the aforementioned manner.
14) Limitation of liability
COVR shall only be liable for direct damage. Under no circumstances shall COVR be liable for incidental or indirect damage which would be caused by the use of the products delivered by products it has supplied or of the information and/or documentation related to them, nor for any documentation, nor for any other damage that is not directly and immediately was caused by an error of COVR, such as, but not limited to, communication costs, loss of earnings, claims by third parties, loss of data, damage and/or defects attributable to materials or information provided by the client or by a third party.
In no event shall COVR be liable for defects in the materials, hardware, peripheral equipment or software in which the products supplied by it were implemented by or on the instructions of the customer. For direct damage, and only if repair in kind is not possible, shall liability of COVR towards the client and third parties shall never exceed half of the amount paid by the client to COVR. half of the amount paid by the client for the specific product which caused the damage. In case COVR delivers parts for further assembly, the customer shall not put the products into which they are integrated on the market after the necessary tests, and shall indemnify COVR against any claim for compensation from third parties as a result of the non-conformity of the products supplied by operation of the products supplied by it, even if it should be established that this non-conformity operation originated from the components supplied by COVR. The customer declares to have been fully informed by COVR of the characteristics, operation, possibilities and limitations of use of the equipment and/or software, as well as of the equipment and/or software, as well as of the problems of adaptation, installation/integration and expansion that may arise, and waives any claim against COVR in this regard. COVR is not responsible for the choice and suitability of the equipment and/or software to obtain the intended results. In the case of installations or services by COVR in relation to the internet, COVR can under no circumstances be held responsible for the consequences of the use of the internet, nor for hacking, abuse of information, damage or loss of data, the content of the client’s website(s) and its compliance with existing legislation and regulations, quality of the telephone connection or the leased line, etc.
Any complaint by Customer regarding the service provided by the Supplier must be made by registered letter to the Supplier within 14 (fourteen) days after the intervention of the Supplier to which the complaint relates. The Supplier shall not, under any circumstances or conditions, accept or waive any liability for damages resulting from any breach of these conditions. The Supplier shall in no event and under no circumstances be liable for damage which is not directly and under no circumstances caused by the Supplier. The Supplier shall in no case and under no circumstances be liable for damage that is not directly and immediately the result of or caused by its intervention. The Supplier shall in no case and under no circumstances be liable for for damage which is the consequence of or was caused by following explicitly caused by the Customer’s compliance with express instructions.
15) Jurisdiction and applicable law
The parties expressly agree that all disputes between them are subject to Belgian law. Only the courts of Turnhout are competent to take cognizance of any disputes.