General Terms and Conditions of Sale

• Each agreement is governed by the terms set out below, which legally prevail over the customer’s purchasing conditions, except where a prior written agreement provides otherwise.

• The wording of our offers shall prevail over these “general terms and conditions of sale”.
• Our offers and prices are without any commitment on our part.
• Orders carried out without prior written agreement shall be invoiced at the price applicable on the delivery date.
• The sale price shall be increased, as a matter of law, by any taxes levied by the authorities.

• Any cancellation or unilateral termination of the contract by the customer or buyer entitles us to compensation which, in addition to the loss of profit set at 10% of the contract amount, includes study costs, procurement expenses and labour costs for work in progress.

• The data contained in catalogues, circulars, advertisements and price lists are provided for information purposes only.
• Drawings or technical descriptions, on the basis of which partial or total manufacture is possible, submitted before or after the conclusion of an agreement, remain the exclusive property of the seller.
• They may not, without the seller’s prior consent, be used, copied, reproduced, transmitted or submitted to third parties by the customer.
• The customer providing drawings or plans certifies that it holds the intellectual property rights or usage rights, so that Peruweld SA may use these plans as of right. The customer shall indemnify Peruweld SA against any action brought by third parties against Peruweld SA for infringement of intellectual property rights relating to the drawings and plans provided.

• The lead times specified in the special conditions are indicative and are in no way binding on us.
• Delays may not give rise to termination of the contract and/or entitlement to compensation.
• Changes to the initial order conditions directly result in the cancellation of the initial lead times.

• Packaging costs are not included and are invoiced separately.
• Regardless of the shipping method and place of delivery, the goods always travel at the recipient’s risk from the moment they leave our warehouses. From that moment, the transfer of risk takes place. decisive.

• Liability for and risk in the goods shall be borne by the customer from the time of the agreement. However, the goods remain our property until full payment of the invoice.

• The customer is required to provide Peruweld SA with the data necessary to carry out the design study, such as dimensions, the purpose and destination of the structure, and the nature and/or density of the products to be stored therein.
Based on the accuracy of this data, Peruweld SA
warrants all materials and structures for a period of one year from the date of delivery.
• Internal defects in products purchased by Peruweld SA from third parties are recognised only if the supplier or manufacturer of the product itself acknowledges the defect.
• The warranty is limited solely to free replacement or repair of materials or construction defects.
• Transport costs and, where applicable, customs duties for replacement materials shall remain at the customer’s expense.
• The warranty is void if the equipment is used for a purpose other than that for which it was designed, based on the customer’s written data.
• Also excluded from the warranty are defects resulting from normal wear and tear, unsuitable or incorrect handling or maintenance, modifications or repairs not carried out by Peruweld SA
• The warranty is void in the event of non-compliance by the customer with the payment terms.
• In the event of testing of materials or structures, the costs shall be borne by the customer.

• Invoices are payable in cash and without discount.
• Any amount not paid by the due date shall, by operation of law and without prior notice, bear interest from the due date at a rate of 1.5% of the total invoice amount per month of delay, any part of a month being counted as a full month.
• If non-payment obliges us to initiate judicial recovery proceedings or other recovery action, the costs actually incurred will be charged to the customer.
• Where we accept payment by bill of exchange, all related costs (discount, stamp duties, etc.) shall be borne by the customer.
• We reserve the right to set off amounts owed to us against amounts we may owe.

• Unless acceptance of a supply or work has been explicitly given, any complaints regarding non-conformity or apparent defects must, on pain of nullity, be made by registered letter within eight days after delivery or completion of the work, and in any event before commissioning, processing or resale to third parties.
• Any complaints regarding the content or wording of the invoice must, on pain of nullity, be made by registered letter within eight days of the invoice date.
• For the customer to invoke the warranty for hidden defects, all legal conditions must be met. It is contractually agreed that the time limit (see Article 1648 of the Civil Code) is limited to 6 months after delivery or completion of the work and that, moreover, any claim under the warranty is void in the event of work, modifications or repairs by the customer or a third party, or sale of the installations or goods supplied.
Claims under the warranty for hidden defects may not be used as grounds for non-payment.

• In the event of disputes, only the Commercial Court of Hainaut, Tournai Division, shall have jurisdiction.
For any disputes regarding the interpretation of the texts, the French language shall always be decisive.