SALES CONDITIONS v.2025-04
The general terms and conditions are an integral part of the agreement, to the exclusion of the customer’s own terms and conditions. The customer expressly acknowledges that he has read these terms and conditions and accepts them in full without reservation. All sales and deliveries of services/goods are carried out by LDA NV in accordance with these terms and conditions. Deviations from these terms and conditions are only legally valid if they are agreed in writing and signed by a member of the board of directors of LDA NV.
An order, including those recorded by our agents or representatives, is only binding if it is expressly accepted by us in writing. Cancellation of the order is not possible, unless prior written agreement. Any advances paid will not be refunded in this case. The order signed by the purchaser is considered a binding offer. Orders accepted by LDA NV are only considered if they have been confirmed in writing or have been carried out by delivery within two weeks.
All illustrations, drawings, weights, dimensions, colours, data relating to the applicability of the equipment to new technologies, reproduced in advertisements and other communications, including offers, are approximate only. Minor deviations from the information provided in a quotation are permissible insofar as they do not result in a substantially different performance to be provided by LDA NV. LDA NV expressly reserves the right to make changes and improvements to the quotation that are appropriate to the technical progress of the product. The buyer cannot derive any rights from this.
The agreed prices are exclusive of deliveries, information or other ancillary services. LDA NV chooses the shipping method. The costs of the packaging that deviates from the usual packaging (e.g. seaworthy packaging) are at the expense of the buyer. Free shipments only take place if this has been agreed in writing with LDA NV.
Invoices are paid in cash upon delivery, unless otherwise agreed in writing.
In the event of non-payment or in the event of exceeding the agreed payment term, an annual default interest of 12% will be charged without any warning and a fixed compensation of 10%, with a minimum of €75.00. Any non-payment entails the payability of the outstanding invoices and gives LDA NV the right, after notice of default, either to suspend any future deliveries or to dissolve the agreement, without prejudice to the right to compensation.
LDA NV is entitled to demand an advance payment or the provision of security before entering into an agreement with the buyer.
Delivery times are only given as a non-binding indication without guarantee of delivery on the set date.
LDA NV is entitled to make partial deliveries.
The goods are and travel at the risk of the buyer from ex warehouse LDA NV.
The buyer must ensure that the services and/or the goods can be delivered and installed by LDA NV in a normal manner at the agreed place and time, and thus ensure, among other things, the accessibility of the delivery location. If this is not met, the buyer is obliged to compensate LDA NV for all damage, including waiting hours, custody costs and costs for the preservation of the delivery.
In the event of force majeure, LDA NV has the right to consider the agreement to be dissolved without judicial intervention or to suspend the agreement until the circumstances of force majeure have come to an end and performance is reasonably possible.
Until the payments due by the buyer have been paid in full, LDA NV retains ownership of all the goods it has delivered, as security for the payment of all that is due to LDA NV under the purchase agreement. As long as full payment of the delivered goods has not been made, the buyer will not be allowed to alienate, pledge or mortgage the goods, nor rent or lend them.
LDA NV is entitled to exercise its property rights for the goods as referred to in Article 5, first paragraph, at any time and to take possession of these goods. If LDA NV takes back these goods, the buyer is liable for the associated costs for LDA NV. Furthermore, LDA NV is entitled to recover any damage to the goods from the buyer.
The buyer must immediately check the delivered goods/services. Any defects must be reported to LDA NV by registered letter as soon as possible and no later than 30 calendar days after delivery. After that period, LDA NV is only liable for hidden defects that make the item unsuitable for the use for which they are intended, insofar as the goods have not been processed in the meantime and insofar as LDA NV knew or should have known of the defects. The buyer must notify LDA NV of the existence of the hidden defect within 15 calendar days of discovering the hidden defect by means of a registered letter with a detailed description of the defect. Complaints due to hidden defects do not suspend the payment obligation on the part of the buyer.
Unless otherwise agreed in writing, the warranty applies for one year after delivery.
In the event of defects in the goods delivered by LDA NV, LDA NV has the choice of repairing the defects in question or having them repaired, or of supplying new goods in place of the defective goods. Goods or parts that are replaced as a result of a repair become the property of LDA NV.
Neither the provisions of this article nor otherwise agreed warranty provisions shall apply where the good has been transferred by the buyer to a third party, or if the buyer or a third party has carried out repairs to the good.
With the exception of what is described in the previous article 6, LDA NV is not obliged to pay any compensation whatsoever that would be the direct or indirect result of goods/services delivered or sold by us, except in the case of gross negligence or intent. The liability of LDA NV is always limited to the invoice value of the goods/services supplied. Under no circumstances can LDA NV be held liable for any indirect damage such as, but not limited to, loss of income, loss of contracts, cost of capital, limitation of returns or any other losses or consequential damage, both to the buyer and to third parties. LDA NV does not bear any responsibility for the fault of the appointee, not even in the event of intent or gross negligence. In the latter case, the buyer must address the appointee directly.
The limitation of liability as stipulated in this article applies equally to employees, employees and all other persons used by LDA NV in the execution of the agreement.
All our agreements are governed by Belgian law. All disputes are exclusively subject to the courts of Brussels.
In the event that individual provisions contained in these general terms and conditions would lose their effect in whole or in part, this will not affect the validity of the remaining provisions of these general terms and conditions.
If the buyer fails to fulfil its contractual obligations, LDA NV has the right, after notice of default, either to suspend its obligations or to dissolve the agreement without judicial intervention, if no or no useful action is taken on the notice of default within eight working days, without prejudice to the right to compensation.
Our terms of sale override the purchaser’s terms of purchase.
LDA
Hoge Buizen 53,
1980 EPPEGEM
VAT: BE0405.895.609
IBAN: KBC / BE51 7340 2410 9862
BIC: KBC / KREDBEBB
© LDA Belgium, all rights reserved.
