General Terms and Conditions
Unless otherwise agreed in writing, our sales conditions take precedence over all others and constitute an integral part of our offers and concluded
agreements. The sales conditions of our clients are not opposable to us unless acknowledged in writing.
1. Solvency - NV LIMACO BELGIUM reserves the right to demand guarantees and securities for payment. If the buyer does not provide the requested guaran-
tees within 7 calendar days, NV LIMACO BELGIUM has the right to terminate the agreement by simple registered letter without any form of compensation.
2. Order - An order binds the parties only after the buyer signs the pro forma invoice and NV LIMACO BELGIUM receives the specified advance payment. The
buyer may not transfer their rights without the consent of NV LIMACO BELGIUM.
3. Price - The price mentioned on the pro forma is the total price of the vehicle, including all charges and taxes, except for registration and road taxes, which
legally fall on the buyer. Our prices are based on the rates, purchase prices, wages and labor costs, social and public charges, transportation costs, insurance
costs, etc., applicable at the time of order acceptance. If NV LIMACO BELGIUM's suppliers impose a price increase, NV LIMACO BELGIUM reserves the right to
pass on this increase to the customer, as well as in the case of exchange rate differences of at least 5% compared to the currencies of NV LIMACO BELGIUM's
suppliers. Invoicing is always based on the rates published by NV LIMACO BELGIUM on the day of actual vehicle delivery to the buyer. The buyer has the right
to cancel the order if NV LIMACO BELGIUM invoices an increase of more than 10%, excluding taxes. All taxes and charges resulting from the sale are the
responsibility of the buyer. NV LIMACO BELGIUM is never obliged to pay VAT. The buyer is solely responsible for providing their business number and
applying any exemption. All taxes and other costs arising from the delivery of a product between the date of order and actual delivery are borne by the
buyer.
4. Delivery - Delivery takes place at the registered office of NV LIMACO BELGIUM, unless otherwise agreed in writing. NV LIMACO BELGIUM is released from
its delivery obligation in all cases of force majeure, meaning any event beyond the buyer's will or partially beyond their control. Cases of force majeure
include, in particular, labor disputes, delayed delivery terms from suppliers, war, internal business organization problems, strikes, and diseases.
5. Delivery Period - The delivery period can only start on the day of receipt of the advance payment. The delivery period is mutually agreed upon on the front
of the order form. If it exceeds two months, the buyer may, except in the case of force majeure on the part of NV LIMACO BELGIUM, cancel the order (see
art.8). NV LIMACO BELGIUM cannot be held liable for delays, and this will not lead to compensation at its expense. In the event of any delay, regardless of its
duration, caused by force majeure or chance, as defined above, NV LIMACO BELGIUM reserves the right to suspend the execution of the agreement for the
duration of the force majeure. In case of a delay of more than 30 days compared to the end of the delivery period, and except in cases of force majeure, NV
LIMACO BELGIUM is liable to pay a compensation of 10.00 EURO per day, starting from the third day after the formal notice, with a maximum of 20% of the
price.
6. Acceptance - If the buyer does not take delivery of the vehicle within 8 calendar days following the notification by NV LIMACO BELGIUM by registered
letter, NV LIMACO BELGIUM may:
a) claim storage costs at 25.00 EUR per day (excluding VAT), adjusted to the consumer price index from 01.01.2024.
b) automatically and without further notice, terminate the sale and claim a fixed termination fee of 20% of the price. In this case, the vehicle is immediately
available for sale, and all risks related to the vehicle are borne by the buyer from the delivery.
7. Complaints - Complaints regarding conformity and visible defects must be mentioned on the order form or invoice upon receipt of the goods or at the
latest within 48 hours after receipt by registered letter to the seller. Complaints about hidden defects must be reported no later than 8 days after their
discovery. Every complaint, except those provided in paragraph 1, must be addressed to NV LIMACO BELGIUM by registered letter and precisely state the
nature and motivation of the complaint.
8. Cancellation - The buyer has the right to cancel their order. They must do so by registered letter. In this case, NV LIMACO BELGIUM has the right to claim a
fixed compensation of 20% of the order price. Two months after the scheduled delivery period, NV LIMACO BELGIUM has the option to propose to the buyer:
a) either to dissolve the purchase, with the return of the advance payment without any compensation payable by NV LIMACO BELGIUM;
b) or to maintain the agreement with payment by NV LIMACO BELGIUM of compensation provided for in article 5. The buyer must express their choice within
one month following the proposal by NV LIMACO BELGIUM; otherwise, they are deemed to have chosen to maintain the agreement, and from then on, they
can cancel their order only according to paragraph 1 of this article.
9. Payments - Invoices are payable at the seller's business premises (registered office). Paid advances do not accrue interest. Unless expressly agreed otherwi-
se, invoices are payable in cash, namely in cash, by certified or bank cheque. In case of payment by transfer to a bank or postal account indicated by NV
LIMACO BELGIUM, the date for the value indicated on the bank statement of NV LIMACO BELGIUM will be considered as the payment date. Delivery may be
postponed until the date of crediting this account. Failure to pay or late payment of all or part of the invoice automatically and without notice leads to:
a) maturity of all other, even not yet due, invoices
b) an increase of the amount due by 15% per year for collection costs, with a minimum of 125 EUR
c) the charging of moratorium interest of 15% per year on the amount due
d) the suspension of the delivery obligation on the part of NV LIMACO BELGIUM.
10. Warranty - NV LIMACO BELGIUM provides no warranty for B2B sales.
11. Retention of Ownership - The buyer accepts that the delivered and not yet fully paid vehicle remains the property of NV LIMACO BELGIUM until full
payment. In this case, since delivery, the buyer assumes all risks, including those of loss, damage, destruction, and other damage. NV LIMACO BELGIUM may
repossess the vehicle and terminate the sale by simple written notice, 8 days after the ineffective formal notice, without waiving its rights to compensation.
In this case, the buyer may not sell or pledge the vehicle.
12. Miscellaneous - The invalidity or nullity of one or more articles does not entail the invalidity, nullity, or dissolution of this agreement. The parties underta-
ke to replace the invalid or null clauses in good faith with clauses that achieve the same objective to the best of their ability. If the sale is agreed with several
buyers, each is jointly and severally liable for the whole amount towards NV LIMACO BELGIUM.
13. Jurisdiction - All our agreements are exclusively subject to Belgian law. Any disputes that may arise between our clients and our firm will be settled, at the
choice of the plaintiff, by the courts of Brussels or those of the defendant's place of residence.