Terms and conditions

Application The terms and conditions are appliable to all offers and deliveries from ANS Benelux ( the « supplier ») to the buyer unless modifications which both parties jointly agree in writing.

Purchase conditions If the purchase conditions of the buyer do not match these conditions of sale, only the latter will apply.

Commitments Our commitment intermediaries, representatives, agents and employees have no authority to bind the company. Their offers and orders need to be confirmed in writing by a managing director or a person authorized by ANS Benelux SA. We reserve the right to cancel any order that we would not have given similar confirmation.

Agreements The agreements and promises made either by the supplier’s representative or staff, how different they are from these conditions of sale will apply, providing that they have been confirmed in writing by an officer of ANS Benelux. If the order can not be delivered in a single delivery, the remaining part will be registered to be delivered. By the mere fact of placing an order at the supplier, the buyer accepts the application of these terms and conditions.

Offer Representations, dimensions, weights and technical data contained in supplier catalogs are given for information purposes only and do not bind the supplier.

The differences between these data and the delivered equipment will not entitle the buyer to reject the goods or delay the payment or demand compensation.

Delivery time – Administrative costs Although the agreed delivery time is taken in consideration to the extent possible, the supplier is not responsible for late delivery. Exceeding the delivery time does not relieve the buyer of his obligations. Orders less than € 1,250 will be increased by € 20.00 for administrative charges.

Force Majeure Unforeseeable circumstances (Force majeure), whatever the origin, discharge the supplier of any obligation to provide. The failure of a provider of ANS Benelux, and social movements in the company of the supplier or ANS Benelux are considered as a case of force majeure.

Complaints and returns of goods Claims must be submitted no later than five days after receiving the goods by registered letter mentioning the invoice number or delivery note number. They do not relieve the buyer of its payment obligations within the period mentioned in the terms and conditions. If the claim is justified, the supplier will inform the buyer, and the supplier will have the right either to exchange the non-conforming material, or to credit the buyer at the most for the amount of the invoice without any right on damages or other interests. Returns can only be made with the agreement of the supplier and mentioning the RMA (Return Material Authorization). Transportation costs related to return of goods are charged to the buyer. Only goods in good physical condition and in their original packaging may be sent back. The return of goods allowed by the supplier shall take place within 30 days after date of invoice.

Defects The supplier assumes no liability for the apparent or latent defects of delivered goods that could cause damage or injury.

Warranty The goods with defects in workmanship and for which a written complaint was sent to the supplier within 5 days of receipt of the goods are the very only that can be exchanged under warranty. The guarantee of proper operation granted on products delivered by us is limited to the guarantee mentioned on our invoice. We do not guarantee in any way that the hardware and software supplied can provide a solution to a peculiar problem, specific to the user’s business. The guarantee relates exclusively to the physical shortcomings of the delivered products and our intervention is limited to the replacement of defective components only. The granting of the guarantee presupposes that delivered products were used in perfect accordance with the manufacturer’s instructions. We aren’t obliged to any compensation to the user or third parties following the use of the delivered products and for both direct and indirect risks (eg., Following the total or partial loss of data encoded by the user), either for injury to persons or damage to property or loss of profit.

Retention of title The goods supplied remain the inalienable and exclusive property of the supplier until the settlement of all debts. If the buyer does not pay within the agreed period, the supplier has the right to claim back the goods supplied, the buyer’s expense, without prior notice.

If it appears to the supplier that the buyer’s credit deteriorates, particularly if judicial enforcement action is taken against the buyer and/or if circumstances undermine or prevent the proper execution of commitments, the supplier reserve the right, even if the goods have already been fully or partially shipped, to fully or partially suspend the order and to demand the necessary guarantees. In case of refusal of the buyer, the supplier reserve the right to cancel entirely or partially the order. All this without prejudice to his rights to any damages.

In case of resale of goods, even transformed, belonging to the supplier, the buyer assigns to him at once all claims arising from resale.

Validity and payments Bids remain valid for 10 days. Payments must be made within 30 calendar days from the invoice date. From the date of maturity, the invoice will be increased by default interest. The rate will be 1.5% per annum if the payment is made within 60 calendar days, 3% per annum if held within 90 calendar days, and 12% per annum beyond. Interest will be due by right and without prior notice. If the buyer is in default of payment, the supplier has no obligation to continue the deliveries and is entitled to treat the contract as terminated as of right and without formal notice and to claim damages. Cashing fees, and receipts and bills return charges are the buyer’s expense.

Compensation The purchaser has no right to compensate its own claims against the supplier or its legal successor with claims resulting from deliveries made in accordance with these terms and conditions.

Indemnification The buyer who did not pay the bill at maturity, explicitly agrees to pay compensation to the supplier or its legal successor, equivalent to 15% of the invoice amount for invoices up to 1240 € with a minimum of 62 €. The compensation will be 13% for bills over 1240 € up to 6200 € and will be up 10% for bills over 6200 €, always excluding VAT, in addition to the principal amount, interest and any legal fees. This amount is payable by law and without formal notice.

Cancellation Upon cancellation of an order by the buyer, the latter is obliged to pay to the supplier of liquidated damages and interests amounting to 25% of the canceled order, with a minimum of EUR 125, without the supplier is required to prove the damage actually suffered. Within a month before delivery, cancellation is impossible. The total order amount will be due except the right of the supplier to settle for compensation of 80% of the canceled order, if he could resell the goods subject to the canceled order within the month of expected delivery date.

Due Non payment of one invoice on its due date makes payable as of right the balance due on all other invoices, even those not yet due.

Terms express resolutive In case of default by the buyer of his obligations, the sale will be canceled automatically without warning. The will of the seller will be sufficiently shown by sending a registered letter.

Court Any dispute between the supplier and the customer will be submitted to the Brussels courts, subject to the right of the supplier to bring it before any other competent court, even in case of appellate intervention or guarantee. The relationship between supplier and buyer is subject to Belgian law

Currency The amount is payable in the currency and on the bank account indicated on the supplier’s invoice.