FYT Power

FYT Power
Van Arteveldestraat 64

2060 Antwerpen

BE 0700.732.552

Tel: +32 (0) 456 71 94 35

E-mail: info@fytpower.com

  1. Applicability
    These general terms and conditions of sale apply to all orders and deliveries, to the exclusion of the general terms and conditions of our customers.

  2. Orders
    2.1. Oral or telephone orders that are not confirmed in writing will only be executed under the sole responsibility of the customer.
    2.2. The seller will not accept any responsibility for any mistake in the execution of the order.
    2.3. Any offer signed or confirmed by the customer irrevocably binds it, whether or not an advance has been paid.
    2.4. Cancellation of an order must be done no later than 14 days after signing the offer. After that, a compensation of 40% will apply.

  3. Payments
    3.1. Unless otherwise stipulated, invoices are payable within 7 days.
    3.2. In the absence of payment on the due date of all or part of the invoice, the unpaid amount will be increased by operation of law and without notice of default by a fixed compensation equal to 1% with a minimum of 60 euros. In addition, without prior notice, an interest of 8% will be due from the due date of the invoice.
    3.3. In the absence of payment of one invoice by the due date, all invoices become immediately due and payable and the seller has the right to suspend deliveries or the transaction in progress for the remaining deliveries.

  4. Risk and Title Transfer
    4.1. Taking into account the nature of the goods, the transfer of responsibility takes place upon delivery.
    4.2. To be admissible, any complaint must be made on the delivery documents upon receipt and must be confirmed in writing within 5 days following delivery.
    4.3. In case of cancellation of an order less than 24 hours before delivery, a compensation of 60% will be due. If the order is canceled on the day of delivery, a compensation of 80% will be due.
    4.5. In addition, an interest of 8% per year will be due and payable by operation of law and without notice of default from the due date of the invoice.

  5. Deliveries
    5.1. The terms for the delivery of the goods to the customer are purely indicative and cannot under any circumstances affect our liability.
    5.2. A possible delay in delivery does not entitle the buyer to cancel, to award damage and interest or to pay compensation.
    5.3. Any event or fact that does not constitute a fault on our part and that could stop, suspend or interrupt the execution of the transaction is reserved in our favor and releases us from any liability, even in case of force majeure.
    5.4. Our prices will be those in effect at the time of delivery. The prices of our rates are stated by way of information.
    5.5. Every delivery lower than 250 euros will be increased with transport costs for 75 euros. The same applies to any delivery made in case of urgency and emergency assistance.

  6. Force majeur
    6.1. The seller is relieved of any responsibility in the event of force majeure (including accidents, war, strike, lock-out, riots, pandemic, defects in transport equipment, fire in the factory, etc.).
    6.2. The seller reserves the right to suspend and/or extend the term of the execution of the agreement, their function of and as long as the force majeure lasts.

  7. Guarantee
    7.1. The non-conformity of the delivery and the visible defects must be communicated to the seller by registered letter within 48 hours after delivery, failing which the seller may consider any complaint inadmissible.
    7.2. Any claim based on hidden defects must be brought by the buyer within 2 months after the discovery of the defect, failing which the claim is inadmissible in application of Article 1548 of the Civil Code. Moreover, this claim must, under penalty of forfeiture, be brought within one year after delivery. If there is responsibility on the part of the seller, the buyer will have to prove the damage concretely. If complaints are found to be admissible and well-founded, the obligation of the seller is limited to replacing or repairing the defective or damaged goods and the damage can not exceed the cost price of the sold good. No other damage of the buyer or a third party is eligible for compensation. Any liability on the part of the seller is in any case excluded if the damage was caused by the concurrence of a defect in the product and the fault of the victim or the person for whom the victim is responsible.

  8. Disputes
    Any dispute relating to the interpretation or implementation of this contract falls under the jurisdiction of the Commercial Court and the Commercial Court of Antwerp.