Terms and conditions of sale

Unless stipulated otherwise, our contracts are based on the following terms and conditions: 

 

1 FORMATION AND INTERPRETATION OF THE CONTRACT

1.1 These terms and conditions of sale apply to all offers and agreements made by Sprimoglass and all the resulting obligations.
1.2 Exemptions to these terms and conditions are only valid if agreed expressly in writing by all parties.
1.3 The buyer is always considered to have read and accepted these terms and conditions.

2 OFFERS

2.1 All offers from Sprimoglass are made without commitment and may be withdrawn at any time. These offers can only be accepted in writing. However, Sprimoglass has the right to accept them verbally, in which case they are then considered as if they had been accepted in writing.
2.2 Offers may be cancelled in writing within 7 calendar days of receipt, in which case no agreement will have been made between the parties.
2.3 Unless they are accepted within 30 days of issue or another period agreed in the offer, offers are no longer binding on Sprimoglass thereafter.

3 PRICES

3.1 In the absence of indications to the contrary, the prices applied by Sprimoglass are always unit prices per square metre, even if an estimated overall price has been mentioned.
3.2 Sprimoglass manufactures the glass and accessories ordered under the terms and at the prices recorded in the order confirmation or, failing this, at the prices in the Sprimoglass general price list or, failing this, at the prices in the offer.
3.3 Sprimoglass also has the right to invoice additional services and deliveries associated with the glass and accessories ordered in accordance with the general price list or market practices.
3.4 These services may include transport, breakage insurance and the supply of racks. This list is not exhaustive, however.
3.5 The general price list is provided to the buyer on request.
3.6 In the absence of specific conditions, our prices refer to products delivered to the destination. Collecting our products from the factory does not lead to any reduction in price.
3.7 All the prices applied are based on the price factors known when the proposal or offer is made.
3.8 Sprimoglass retains the right to adapt prices in the event of legal reasons that may affect them. In the event of a change in raw material prices, Sprimoglass is authorised to adapt its prices accordingly.
3.9 The prices applied by Sprimoglass do not include VAT, glass cleaning or shipping or packaging costs.

4 ORDERS

4.1 Orders are always considered to be binding on the buyers. Any specific order placed by the buyer or any specific condition demanded by the buyer will only have contractual force once accepted in writing by the seller.
4.2 Orders can only be cancelled within 24 hours of confirmation and with the express consent of Sprimoglass.
4.3 In this case, the buyer must still pay Sprimoglass fixed compensation of 10% of the order amount, with a minimum value of €125.
4.4 Sprimoglass reserves the right to modify its offers, prices, terms and product characteristics at any time without notice. These are thus provided solely as a guide.
4.5 As soon as the order confirmation is sent to the buyer, the prices and product characteristics are binding on both parties and may no longer be modified except with their written mutual consent.
4.6 With regard to the quality evaluation, the buyer accepts the minimum requirements specified by note FIV/VGI 03 (NIT 214) and by Sprimoglass's supplier in terms of dimensions, thickness, flatness, colours, optical quality and visual defects.
4.7 It is up to the buyer to examine the order confirmation and inform Sprimoglass immediately of any errors.
4.8 The sole purpose of our order confirmations is to enable the buyer to check that the contractual details have been correctly recorded.

5 EXECUTION

5.1 Sprimoglass's work is executed according to the NBN S23-002 standards, the specifications for private work (number 22) issued by the CNC (the French national consumer council), the CSTC (the Belgian building research institute) and the FAB (the Belgian architecture federation) together with NIT 214 and their addenda and updates (published by the CSTC).

6 DELIVERY LOCATION AND DEADLINE

6.1 In the absence of provisions to the contrary, the delivery location corresponds to the location provided by the buyer.
6.2 The delivery and/or installation deadlines are provided as a guide only. Failure to respect the delivery deadlines cannot be used as a basis for claiming damages with interest from Sprimoglass.
6.3 At the buyer's own risk, Sprimoglass authorises the buyer to delay the delivery of an order that is ready for up to three weeks from the initially scheduled delivery or installation date. Once this period has expired, Sprimoglass will invoice the goods and storage costs until the goods are delivered or collected.

7 FORCE MAJEURE AND UNFORESEEABLE CIRCUMSTANCES

7.1 In the event of force majeure or unforeseeable circumstances, Sprimoglass reserves the right to end any contract or order in full or in part or to suspend its execution without notice or compensation.
7.2 These cases include war, terrorism, total or partial strikes, lock-outs, fires, serious accidents, machine breakages, public disturbances, failures by Sprimoglass's suppliers and any case of force majeure constituting an obstacle to the normal production and delivery of raw materials, fuel or supplies for Sprimoglass or its suppliers. This list is not exhaustive.
7.3 In the event of unforeseeable circumstances whose nature means that the buyer cannot reasonably and fairly expect Sprimoglass to be able to execute the contract, the judge may terminate the contract in full or in part at the request of either party.

8 TRANSPORT

8.1 Unless agreed otherwise in writing, the goods are transported at the buyer's risk.
8.2 By accepting the general terms and conditions of sale, the buyer acknowledges that they have read and accepted Sprimoglass's regulations on racks and transport.

9 DELIVERY AND APPROVAL

9.1 Delivery and approval of the goods are considered to take place at the Sprimoglass factory. If the buyer wishes, they can be informed of the date on which they can verify the goods before dispatch or collection.

10 CHANGES IN THE BUYER'S SITUATION

10.1 If the buyer's situation changes, including but not limited to insolvency, bankruptcy, death, corporate restructuring or dissolution, liquidation or judicial reorganisation, non-payment or suspension of payments, Sprimoglass reserves the right, even after the partial execution of the order, to suspend the contract, demand guarantees or terminate the contract, even after the partial execution of the contract.
10.2 If the buyer's solvency deteriorates, Sprimoglass reserves the right, even after the partial execution of the contract, to demand any guarantees it considers necessary from the buyer to ensure the proper execution of the commitments made.
10.3 Refusal to comply gives Sprimoglass the right to cancel all or part of the order.

11 INVOICING

11.1 Measurements are rounded up to the next centimetre.
11.2 Unit areas are rounded to the nearest dm², with a minimum of 50 dm² per volume.
11.3 All irregularly-shaped glass is measured according to the dimensions of the smallest surrounding rectangle in accordance with the provisions of the NBN B 06-001 standard.

12 PAYMENT

12.1 In the absence of any agreement to the contrary, deliveries are payable within 30 days of the end of the month of the invoice date. All costs relating to the payment are the responsibility of the buyer.
12.2 Sprimoglass reserves the right, firstly, to demand that the buyer accepts bills of exchange and, secondly, to deliver only in exchange for cash payment.
12.3 Payments made quickly only confer the right to a discount on the net invoice amount if the buyer is due to pay another amount falling due to Sprimoglass on that date. The discount amount and the period within which the amount must be credited from the payment are indicated on the invoice together with the amount to pay.
12.4 Failure, even partial, to pay by the due date leads automatically and without notice to the charging of conventional late payment interest at a rate of 10% per year, together with an increase of 10% in the invoice amount to cover damages with interest for the recovery costs (with a minimum of €125) subject to our other rights.
12.5 Moreover, all sums remaining unpaid on the due date lead automatically to the charging of late payment interest of 10% per year, due solely to the due date being exceeded, without notice and without the need for express agreement.
12.6 Failure to pay an invoice by its due date immediately makes all invoices payable, even those not yet due – notwithstanding the issue of bills of exchange dated later, thus not requiring novation – and also authorises Sprimoglass to postpone or suspend glass production or delivery, even if it has been confirmed in advance.

13 LIABILITY

General
13.1 Sprimoglass manufactures its products with the greatest care, using tested methods, but it remains subject to the risks of unforeseeable circumstances and variations in raw materials.
13.2 Sprimoglass's ten-year liability concerns reduced visibility through condensation and deposits of dust on the internal surface due to defects in the hermetic seal. For all other defects, refer to article 13.5.
13.3 The buyer is liable to Sprimoglass for any damage caused through deliberate action, negligence or imprudence.
13.4 By accepting the general terms and conditions, the buyer undertakes to indemnify Sprimoglass and release it from any claim or demand for compensation made against Sprimoglass following a failure to comply with these terms and conditions or illegitimate action following incorrect use of Sprimoglass's services.

Non-compliant delivery and faulty products
13.5 The buyer must inform Sprimoglass by registered post of any visible defect, anomaly or mismatch between the delivery and the order within 8 days of receiving the goods, or forfeit their rights. No claims will be accepted after the merchandise is installed, used, handled, cut or altered in any way by the buyer or a third party.
13.6 If the delivery is non-compliant due to a material error, a defect in raw materials etc., Sprimoglass's liability is limited to a total or partial refund for the non-compliant part of the sale. Sprimoglass declines any other liability.
13.7 The amount will be credited once Sprimoglass has confirmed the non-compliance. If Sprimoglass is unable to confirm the non-compliance, the amount will never be credited.
13.8 If there is a defect in a Sprimoglass glass product, any liability on Sprimoglass's part is limited to the delivery of a suitable replacement product to the initial delivery location.
13.9 The later treatment and installation of the replacement product, and any other expenses, remain the responsibility of the buyer.
13.10 Rainbow effects (interference due to multiple light reflections in insulating glass) can never be considered a defect or a fault.
13.11 If the buyer requests action under the guarantee and any defect found cannot be imputed to the product's manufacture (external scratches or defects) or is due to failure to respect the installation conditions specified by NBN S23-002 (STS 38), Sprimoglass will invoice a fixed sum of €100 as a contribution to its travel expenses.
13.12 If the buyer or any of their representatives requires Sprimoglass to use a material of a specific quality, source or type, or a specific execution process, Sprimoglass is released from any liability for defects associated with the choice of the material or process.
13.13 Sprimoglass declines any liability for the deterioration of any type of coating added to the exterior of insulating glass at the customer's request.
13.14 Structured lattice glazing or glazing with built-in blinds are only guaranteed for three years, unless the guarantee is limited further by the provisions in the general price list (issued on request).
13.15 Solar control and laminated glass is only guaranteed if the instructions of our technical department are followed to the letter.
13.16 With regard to swimming pools, only volumes assembled with silicone and installed according to standards will be covered by our guarantee.
13.17 Coloured non-tempered glass is never guaranteed. This is an exception to our ten-year guarantee.

Indirect damages
13.18 Sprimoglass is never liable either for damage caused by the use of its products in a way that does not comply with standard practice or the installation instructions or by inappropriate use, or for damage and breakages caused by unsuitable storage of the products by the buyer once they are delivered.
13.19 Sprimoglass is not liable for any handling, cutting or alteration of the goods it produces carried out in any way by the buyer or a third party.
13.20 Sprimoglass is never liable for damage caused by unsuitable storage, later treatment or movement, incorrect maintenance or the use of harmful products, atmospheric phenomena, fire or any other cause of glass breakage or damage that is not associated with poor delivery by Sprimoglass.

14. TEMPLATES

14.1. Glass to be cut according to templates or drawings supplied by the buyer will be cut in accordance with these drawings or templates, even if their dimensions differ from those indicated on the order.
14.2. Sprimoglass can only accept claims for faulty execution in the case of orders with solid templates.
14.3 Dimensional plans supplied by the buyer must remain available to Sprimoglass until final acceptance is pronounced.
14.4 If the buyer does not reclaim them within three months of full delivery of the order, the designs or dimensional plans become the property of Sprimoglass, which will dispose of them as it wishes with no possible recourse for the buyer.
14.5 Templates applied/used by Sprimoglass remain its property and are covered by its copyright.

15. RETENTION OF TITLE

15.1. Sprimoglass retains ownership of all merchandise until it is paid for in full. All risks are borne by the buyer. Sprimoglass conserves down-payments to cover any losses associated with resale.
15.2. The buyer is not authorised to charge, pledge or dispose of the goods delivered in any way until they take ownership. Similarly, the buyer is not authorised to make any modifications to the product.

16. DISPUTES

16.1 Disputes with Sprimoglass are covered by Belgian law. In the event of a dispute, only the courts of Liège have jurisdiction.

17. ELECTRONIC INVOICING

17.1 The buyer expressly agrees to receive invoices for their orders electronically.
17.2 When the buyer agrees to receive invoices electronically, invoices will no longer be sent on paper by post. The electronic invoice will be the only original copy and will have the same legal value as an ordinary invoice.
17.3 Invoices are sent by email to the address provided by the buyer.
17.4 By accepting the general terms and conditions with regard to electronic invoicing, the buyer authorises Sprimoglass to process their personal data, including full name, email address, customer number, transaction data, amount etc. This list is not exhaustive.
17.5 The buyer undertakes to provide correct information to Sprimoglass and to adapt the information or communicate it to Sprimoglass whenever it changes.
17.6 Sprimoglass is not responsible for erroneous communications if the buyer provides incorrect information or the information is out of date.
17.7 Sprimoglass's electronic transmission services may be interrupted for a certain period for maintenance work.
17.8 Such interruptions will be announced in advance whenever possible. However, Sprimoglass cannot guarantee this. Either way, Sprimoglass cannot be held liable for these interruptions.
17.9 Invoices are sent electronically free of charge.
17.10 The buyer is responsible for invoices sent to them electronically by Sprimoglass.
17.11 The buyer has sole responsibility for sending, consulting and removing messages and data. The buyer is responsible for consulting, checking and conserving their electronic invoices.
17.12 The buyer may terminate the electronic invoicing system by informing Sprimoglass by email or registered letter.
17.13 In the event of termination, invoices will no longer be sent electronically. Paper versions will be sent by normal post to the address given to Sprimoglass by the buyer. A fee of €2 per invoice will be charged for the purpose.
17.14 Sprimoglass may terminate the electronic transmission and consultation of its invoices at any time and without a reason. The buyer must take their own steps to conserve invoices already sent.
17.15 If Sprimoglass becomes aware of a significant breach of any of these terms and conditions, Sprimoglass is authorised to terminate the electronic transmission and consultation of its invoices at any time. These breaches include incorrect communication of data, abuse of the system etc. This list is not exhaustive.
17.16 Sprimoglass undertakes to comply with the law of 8 December 1992 on data protection with regard to the processing of personal data.

 

 
 

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