Apart from the special conditions mentioned on the front of the invoice or order form and whether or not signed for approval by the customer, only the conditions mentioned below shall apply, to the exclusion of any others. The customer is deemed to know and apply the sales conditions.
Art. 1 : The specifications and price quotations are based on the current values of wages, materials and services. Should these change independently of the will of Ultrasonic Group, it reserves the right to adjust the prices appropriately. The customer is entitled to withdraw from the contract within eight days of being informed of the price change.
The order forms and price offers sent to the customer are valid for one month. Any study and research costs preceding the drawing up of the order form shall be borne by the Customer, regardless of whether or not a contract is subsequently concluded.
Art. 2 : Complaints concerning the conformity or visible defects of the delivery must reach us immediately after they have been noted, and in any case before the use or resale of the goods.
Art. 3 : Protests against the invoice must be made in writing by e-mail or registered letter within eight days of the invoice date. The date and invoice number are to be mentioned at all times.
Art. 4 : All invoices are payable in cash immediately upon receipt, unless otherwise stated on the invoice.
Art. 5 : In the event of non-payment of the invoice within the stipulated period, interest on arrears equal to the legal rate of interest shall be due ipso jure and without prior notice of default from the due date. Furthermore, a fixed compensation of 10% of the invoice amount shall be due, irrespective of the amount of the invoice.
Art. 6 : In case of a cancellation of the order, the buyer is also due a fixed compensation of 10% of the value of the order, with a minimum of one thousand euros for orders up to five thousand euros and two thousand euros for orders over ten thousand euros. If the agreement is cancelled by Ultrasonic Group, Ultrasonic Group will owe the buyer compensation equal to 10% of the invoice.
Art. 7 : As long as the delivered goods are not paid for, they remain the property of Ultrasonic Group. Goods that are custom-made for the buyer will be paid by the buyer when they leave our warehouse.
Art. 8 : In case of a dispute, the courts or the justice of the peace of the place where Ultrasonic Group is located have territorial jurisdiction. Belgian law is always applicable.
Art. 9 : When the buyer abandons and delays delivery and services, Ultrasonic Group reserves the right to charge the storage of the goods intended for the buyer, without prior notice. The storage of the goods, pending delivery, is at the expense and risk of the buyer. Ultrasonic Group BV can never be held responsible in any way for the consequences. Ultrasonic Group BV can never be held responsible in any way for the consequences of its material, installations and certainly not for living animals such as fish or reptiles, cattle etc.
Art. 10 : The agreement can be terminated by both parties without any compensation in case of impossibility to execute in case of force majeure, i.e. strikes, lock-out, strike of other parties, etc.
Art. 11 : We also reserve the right to consider the agreement terminated by operation of law and without prior notice of default in the event of bankruptcy or apparent insolvency of the Customer.
Art. 12 : Expenses related to unpaid bills of exchange or cheques and other collection costs are not included in the lump sum compensation.
Art. 13 : Costs related to unpaid bills of exchange or cheques, as well as other collection costs are not included in the lump sum compensation and will be charged to the Buyer separately.
Art. 14 : When Ultrasonic Group commits to deliver goods and services, 100% of the price is to be paid upon receiving the goods. This unless agreed otherwise.
Art. 15 : In case of non-payment we reserve the right to stop further deliveries, performances and services. In the event of non-payment, we reserve the right to consider the agreement terminated by operation of law and without prior notice of default.
In the event of non-payment we reserve the right to regard the agreement as dissolved by operation of law and without prior notice of default, for the whole or the part which has not yet been part.
Art. 16 : The goods are always shipped at the buyer's risk, except in case of intent or gross negligence on the part of the carrier. The transport costs shall always be borne by the purchaser. Our company shall not be liable for any direct, indirect, special, incidental or consequential damages resulting from the use or inability to use the ultrasonic equipment and related products.
Art. 17 : The date for the start of the work is mutually agreed with the customer, but can always be postponed by the seller - installer in exceptional circumstances and/or circumstances beyond the control of Ultrasonic Group.
Art. 18 : The Customer must facilitate the execution of the work as much as possible. He has to make sure that the materials can be delivered to the place. He must ensure that the area where the work is to be carried out is free of any obstacle and the location of installation must have an electricity point within 10m, or otherwise agreed. All clearing and/or cleaning work shall be invoiced to the client in supplementary charges. The order forms are drawn up on the assumption that the work will be carried out without interruption. If other professionals work with Ultrasonic Group at the same time, the customer must ensure that the normal progress of Ultrasonic Group's work is not interrupted. Should this be the case, the execution deadlines will be extended. Lost and unrecoverable waiting times will be invoiced as a supplement. All expenses incurred due to lost time that are not caused by Ultrasonic Group, such as delays due to non-compliance with safety regulations, will be charged as a supplement to the agreed price.
Art. 19: For first-time customers, we offer pilot project which are designed to provide our customers with an opportunity to test our products and services at a reduced rate before committing to a long-term agreement. To be eligible for the pilot project discount, customers must meet the following criteria:
The pilot project discount will be a percentage discount off the regular price of the product or service. The discount percentage will be determined by our company and communicated to the customer at the time of the proposal. It is important to note that the pilot project discount is a one-time offer and cannot be combined with any other offers or discounts. Additionally, our company reserves the right to discontinue the pilot project discount program at any time without prior notice. We are committed to providing our customers with the highest quality products and services, and we believe that our discounted pilot project program will help us achieve this goal.
Art. 21: All ultrasonic equipment and related products are covered by a manufacturer's warranty. Our company shall not be liable for any defects or damages resulting from the use or misuse of the products.
Art.20: These terms of sales may be modified by our company at any time without prior notice.
The warranty is established and carried out by manufacturer Harsonic®, Ultrasonic Group BV is not liable for any manufacturing defects or related consequences.
Providing our customers with the highest quality at all times is a fundamental part of the Harsonic® business philosophy. This is why we offer consumers a voluntary five-year manufacturer's warranty on our products.
The terms and details can be found in the warranty conditions below.
Harsonic® guarantees consumers that its products are free of material, manufacturing and design defects. The state of science and technology at the time of manufacture is decisive in this respect. The defect giving rise to the damage must have already been present in the product at that time. Claims for compensation for consequential damage or on grounds of product liability are only valid in accordance with mandatory statutory regulations.
This warranty is valid for five years from the date of purchase (not on the adapter). The warranty period is not extended by the provision of services under this warranty, particularly in the case of maintenance or replacement. In such cases, the warranty period also does not start anew.
The buyer may invoke the rights of this warranty by notifying Harsonic® or the distributor from whom the buyer purchased the product in writing of the defect within the warranty period. The buyer must also report the defect within 2 weeks of its discovery. The buyer is obliged to prove that the warranty has not expired (e.g. by presenting the purchase receipt).
Harsonic® is also entitled to determine the commencement of the warranty period based on manufacturing data.
The amount of a claim can never exceed the amount invoiced by Harsonic® or its distributor. Neither Harsonic® nor its distributor can be held liable for direct and/or indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption on the side.
The Harsonic® product is designed to prevent fouling or limescale and can only be installed after total cleaning. The purchaser must be able to prove that the installation was carried out after a chemical cleaning or other cleaning (with high pressure) that removed all fouling and biofilm. Proof of cleaning with dated photos is mandatory for a valid warranty claim on the result.
Instructions for the applied paint are in the installation manual and are crucial for a good result. The distributor or manufacturer has the right to appoint an expert to investigate the claim. Therefore, the buyer pays an advance of 10% of the invoiced amount (with a minimum of 750€).
If the Buyer's claim is valid, Harsonic® or its distributor has the right to choose to replace the product or provide compensation with a maximum of the invoiced amount according to these percentages:
In case of a valid claim, Harsonic® or its distributor will refund the deposit amount. In case of an invalid claim, all costs will be charged to the buyer.
This warranty is valid only if installation and maintenance have been properly carried out in accordance with the operating instructions and generally accepted technical practices (e.g. by a professional or recognised specialist). The operating instructions have been complied with and the Harsonic® products have been used in accordance with the technical and maintenance instructions provided by Harsonic®.
Installation, use and maintenance instructions are supplied with all products.
Subject to the product specifications below:
Any claim regarding contamination, scaling or other problems is unacceptable if power has been interrupted for more than 24 hours.
This warranty is subject to Belgian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980. The place of performance for the obligations and place of jurisdiction under this warranty is Antwerp, Belgium. Manufacturer Harteel bvba (Harsonic) - Belgium - firstname.lastname@example.org