General Terms and Conditions of Sale
Unless otherwise agreed in writing, our terms and conditions of sale take precedence over all others and form an integral part of our offers and concluded agreements. The terms and conditions of our clients are not binding unless acknowledged in writing.
Solvency: NV EXPO reserves the right to request payment guarantees and securities. If the buyer does not provide the requested guarantees within 7 calendar days, NV EXPO has the right to terminate the agreement by simple registered letter without any form of compensation.
Order: An order only binds the parties after the buyer signs the order form and NV EXPO receives the specified advance payment. The buyer may not transfer their rights without the consent of NV EXPO.
Price: The price stated on the order form is the total price of the vehicle including all charges and taxes, except registration taxes which are legally borne by the buyer. Our prices are based on the rates, purchase prices, wages, social and public charges, transport costs, insurance costs, etc., applicable at the time of order acceptance. If NV EXPO's suppliers impose a price increase, NV EXPO reserves the right to pass this increase on to the customer, including in cases of exchange rate differences of at least 5% compared to the currencies of NV EXPO's suppliers. Invoices are always issued according to NV EXPO's published rates on the actual delivery date of the vehicle to the buyer. The buyer has the right to cancel their order if NV EXPO invoices a price increase of more than 10% of the price stated on the order form, excluding taxes. All taxes and duties arising from the sale are borne by the buyer. NV EXPO will never be responsible for paying VAT. The buyer is solely responsible for providing their business number and applying any exemption. All taxes and other costs arising between the order date and the actual delivery date are borne by the buyer.
Delivery: Delivery takes place at NV EXPO's premises unless otherwise agreed in writing. NV EXPO is released from its delivery obligation in all cases of force majeure, i.e., any event beyond the buyer's control or partially beyond their control. Force majeure includes labor disputes, delayed delivery from suppliers, war, internal company organization issues, strikes, illnesses, etc.
Delivery Period: The delivery period can only start on the day the advance payment is received. The delivery period is mutually agreed upon on the front of the order form. If this period is exceeded by more than two months, the buyer may cancel the order, except in cases of force majeure for NV EXPO. NV EXPO cannot be held liable for delays, and this will not result in any compensation. In case of delays caused by force majeure or chance events as specified above, NV EXPO reserves the right to suspend the execution of the agreement for the duration of the force majeure. In case of delays exceeding 30 days beyond the end of the delivery period, except for force majeure, NV EXPO owes a compensation of 10.00 EUR per day from the third day after default, with a maximum of 20% of the price.
Acceptance: If the buyer does not take delivery of the vehicle within 8 calendar days after notification by registered letter from NV EXPO, NV EXPO may: a) Claim storage costs of 15.00 EUR per day (excluding VAT), adjusted to the consumer price index of 01.01.2013. b) Terminate the sale by law and claim a fixed termination fee of 20% of the price. In this case, the vehicle is immediately available for sale. All risks regarding the vehicle are borne by the buyer from delivery.
Complaints: Complaints about conformity and visible defects must be noted on the order form or invoice upon receipt of the goods or notified to the seller by registered letter within 48 hours of receipt. Complaints about hidden defects must be reported within 8 days of discovery. Any complaint, except those provided in paragraph 1, must be addressed to NV EXPO by registered letter, precisely stating the nature and motivation of the complaint.
Cancellation: The buyer has the right to cancel their order by registered letter. In this case, NV EXPO has the right to claim a fixed compensation of 20% of the order price. Two months after the scheduled delivery period, NV EXPO may propose to the buyer: a) Either terminate the purchase with a refund of the advance without any compensation owed by NV EXPO; b) Or maintain the agreement with NV EXPO paying the compensation provided in Art. 5. The buyer must indicate their choice within one month of NV EXPO's proposal; otherwise, they are deemed to have chosen to maintain the agreement and can only cancel their order according to paragraph 1 of this article.
Payments: Invoices are payable at the seller's business address. Paid advances do not accrue interest. Unless otherwise stated, invoices are payable in cash, by certified or bank cheque. If payment is made by bank transfer, the date indicated on NV EXPO's bank statement is the payment date. Delivery may be postponed until the account is credited. Failure to pay or late payment of all or part of the invoice automatically and without notice results in: a) The demand for all other outstanding invoices. b) A 15% per year increase in the amount due for collection costs, with a minimum of 125 EUR. c) The application of late payment interest of 15% per year on the amount due. d) Suspension of NV EXPO's delivery obligation.
Warranty: The warranty given by NV EXPO is limited to that indicated on the warranty card, which the buyer acknowledges having received and which forms an integral part of this agreement.
Trade-in: If the order form includes the trade-in of a used vehicle, this trade-in is subject to the delivery of a new vehicle and proof that the buyer owns the used vehicle and has fulfilled all financing obligations. The agreed trade-in price of the used vehicle at the time of the new vehicle order is fixed, provided the condition of the used vehicle upon delivery by the buyer fully complies with the description agreed upon between the buyer and NV EXPO.
Retention of Title: The buyer agrees that the delivered and not fully paid vehicle remains the property of NV EXPO until full payment. In this case, the buyer assumes all risks from delivery, including loss, damage, destruction, and other harm. NV EXPO may reclaim the vehicle and terminate the sale by simple written notification, 8 days after an unaddressed default notice, without waiving its rights to compensation. In this case, the vehicle may not be sold or pledged by the buyer.
Miscellaneous: Invalidity or nullity of one or more articles does not invalidate the entire agreement. The parties agree to replace invalid or null clauses in good faith with clauses that achieve the same objective as closely as possible. If the sale involves multiple buyers, each is jointly and severally liable to NV EXPO for the entire amount.
Jurisdiction: All our agreements are governed exclusively by Belgian law. Any disputes between our clients and our company will be settled by the courts of Brussels or the defendant's place of residence, at the plaintiff's discretion.