GENERAL TERMS AND CONDITIONS OF BVBA PROVAN INVEST
(buyer is a private individual)
Every sales agreement in which PROVAN INVEST BVBA, with registered office at 9810 Eke – Nazareth, Begoniastraat 40 and with company number 526.943.689 (hereinafter referred to as the Seller) acts as Seller, shall be subject to these general terms and conditions, which the buyer acknowledges (1) to have read and (2) to be bound by.
These terms and conditions can only be derogated from if both parties explicitly agree thereto in writing.
Article 1: Price
The prices, net of tax, agreed with the customer and indicated on the order form are firm and final. The cost of any compulsory accessories that are permanently installed, is considered to be included in the advertised price.
Article 2: Transfer of title
The agreement becomes effective when the order form is signed. The transfer of title shall only take place when the agreed price is paid in full.
Article 3: Delivery
The car shall be delivered to the following location: the registered office of the seller at 9810 Eke – Nazareth, Begoniastraat 40 . The date of delivery shall be included in the order form. If the customer fails to collect the car at the agreed time, the seller shall be entitled to compensation for the storage costs. The parties agree that this compensation will be 10 euro per day by which collection is delayed.
Article 4: Conventional warranty
If the manufacturer of the car that forms the subject of the sale offers a conventional warranty, and the warranty is still valid at the time the buyer purchases the car, the seller will hand over the contractual terms and conditions of the warranty to the customer. The customer explicitly confirms to have read these terms and conditions and to be bound by them.
Article 5: Part exchange of customer's car
If the order form indicates that the seller takes over the customer's car and if the customer's car is not or no longer in the condition described by the customer, the seller can apply article 6, as part of which the customer is considered to be in default. However, the seller is not obliged to do so.
By derogation from article 6, the seller shall be immediately entitled to annul the agreement without the need to send the customer a reminder to comply with his/her obligations, and to claim the compensation referred to in article 3.
Article 6: Compensation
If either party fails to perform on the agreement and if the non-compliance cannot be attributed to force majeure, the other party can send it a reminder by recorded delivery. If the defaulting party does not meet its obligations within eight days of the aforementioned letter, the other party is entitled to consider the agreement as dissolved, at the expense of the defaulting party. In that case, the other party is entitled to compensation to the amount of 20% of the agreed price. If the defaulting party is the customer, any deposit received by the seller can be used as part-payment of this compensation. If the defaulting party is the seller, the latter shall owe the customer the above compensation in addition to any deposit already received. This article is without prejudice to either party's right to higher compensation, provided the party can demonstrate that the damage it incurred exceeds 20% of the agreed purchase price.
Article 7: Payment
The deposit shall be 10% of the purchase price, unless stipulated otherwise on the order form. The balance shall be paid at the latest by the time the car is delivered. In the absence of a timely payment, the seller shall be entitled to suspend its obligations and in particular to refuse to deliver the car until the full price is settled. In the event of late payment (which is any payment after the delivery date indicated on the order form), the seller shall be authorised ipso jure to a fixed compensation of 10% of the purchase price, increased by default interest at the statutory rate, without prejudice to the seller's right (1) to increased compensation if the damage actually incurred is higher and (2) to compensation for the storage costs as stipulated in article 3.
Article 8: Statutory warranty
8.1 The provisions of the Belgian Civil Code in relation to indemnity for hidden faults, or, if the customer is a natural person who acts for objectives that are not related to a professional or commercial activity, the statutory provisions applicable to the sale of consumer goods to a consumer, assign statutory rights to the customer. The current warranty does not prejudice those rights.
The seller shall only be liable for the warranty. It shall only be applicable, without prejudice to the provisions in article 8.6 below, if the fault occurs within the territory of the European Union, including Switzerland and the principalities of Andorra, Liechtenstein and Monaco, and if the vehicle is located in the Belgian territory at the time when the customer demands the seller's intervention under the warranty.
8.2 The seller guarantees that the vehicle is ready for use, in accordance with the order.
8.3 Any visible defects which the customer was aware of or could have been aware of at the time of the delivery, are considered as having been accepted in the absence of any complaint by the customer, purely by the fact of the delivery.
8.4 The parties explicitly agree that the seller's intervention in relation to the warranty is limited to a duration of twelve months from the date of delivery, except in the event of a written note on the front of the order form granting the customer a longer warranty period.
For every hidden defect that becomes manifest in the first six months after delivery, the repair or replacement of the car shall be fully covered by the following warranty: the customer has the right to demand that the seller repair the vehicle, unless such repair would be technically impossible, or out of proportion in relation to the value of the vehicle and the severity of the fault. In such a case, the customer can demand an appropriate price reduction or demand an annulment of the sale if he/she cannot obtain a repair or replacement of the vehicle. This also applies in the event the seller has failed to perform the repair or replacement within a reasonable term or without serious inconvenience to the customer. Any price refund shall be reduced in order to take into account the use made of the vehicle after it was delivered.
Any fault that manifests itself within the first six months after delivery shall be considered to have existed at the time of delivery, unless the seller proves otherwise.
After this first period of six months has passed, the customer shall retain his/her rights to the same warranty if he/she demonstrates that the hidden faults that became manifest before the warranty expired already existed at the time of delivery. Under no circumstances shall the customer be able to demand the dissolution of the agreement if the fault he/she invokes is of minor importance.
8.5 Any repairs must be performed within a reasonable period and without serious inconvenience to the customer.
8.6 The work performed under warranty must be carried out in the seller's workshop or in a workshop designated by them. The customer shall be authorised to have the repairs carried out in another workshop, provided the seller's permission is obtained in advance.
8.7 The warranty does not cover servicing, adjustments, tensioning and other preparation required for normal use of the vehicle, or the parts and items that normally need to be replaced during servicing in accordance with the manufacturer's guidelines. The warranty does not cover standard wear and tear to the vehicle. The warranty cannot be invoked by the customer if the damage is caused by abnormal use of the vehicle, any omission, a lack of maintenance, or poor maintenance by the customer, nor if the vehicle was converted or used in competitions or rallies—except in the event it was explicitly indicated on the customer's order form and accepted by the seller, or in the event it is being used as a taxi or to deliver mail or urgent dispatches. The seller's intervention under the warranty depends on whether the vehicle is handled with due care and whether the manufacturer's instructions are observed.
8.8 Any customer who wishes to invoke the warranty must inform the seller in writing as soon as possible from the moment the customer establishes the faults or should have established them.
8.9 The customer undertakes to do everything necessary to refrain from aggravating the damage, if necessary by not using the vehicle. If he/she fails to do so, this aggravating factor will be taken into account to determine the level of intervention by the seller.
8.10 The seller's liability for any damage caused by a fault in the vehicle is settled through common law.
Article 9: Applicable law
The agreement between the parties is governed by Belgian law.
GENERAL TERMS AND CONDITIONS OF BVBA PROVAN INVEST
(buyer is not a private individual)
Every sales agreement in which PROVAN INVEST BVBA, with registered office in 9810 Eke – Nazareth, Begoniastraat 40 and with company number 526.943.689 (hereinafter referred to as the Seller) acts as Seller, shall be subject to these general terms and conditions, which the buyer acknowledges (1) to have read and (2) to be bound by.
These terms and conditions can only be derogated from if both parties explicitly agree thereto in writing.
A. Conditions applicable to every sale
Article 1: Price
The prices, net of tax, agreed with the customer and indicated on the order form are firm and final. The cost of any compulsory accessories that are permanently installed, is considered to be included in the advertised price.
Article 2: Transfer of title
The agreement becomes effective when the order form is signed. The transfer of title shall only take place when the agreed price is paid in full.
Article 3: Delivery
The car shall be delivered to the following location: the registered office of the seller at 9810 Eke – Nazareth, Begoniastraat 40. The date of delivery shall be included in the order form. If the customer fails to collect the car at the agreed time, the seller shall be entitled to compensation for the storage costs. The parties agree that this compensation will be 10 euro per day by which collection is delayed.
Article 4: Conventional warranty
If the manufacturer of the car that forms the subject of the sale offers a conventional warranty, and the warranty is still valid at the time the buyer purchases the car, the seller will hand over the contractual terms and conditions of the warranty to the buyer. The buyer explicitly confirms to have read these terms and conditions and to be bound by them.
Article 5: Part exchange of customer's car
If the order form indicates that the seller takes over the customer's car and if the customer's car is not or no longer in the condition described by the customer, the seller can apply article 6, as part of which the customer is considered to be in default. However, the seller is not obliged to do so.
By derogation from article 6, the seller shall be immediately entitled to annul the agreement without the need to send the buyer a reminder to comply with its obligations, and to claim the compensation referred to in article 3.
Article 6: Compensation
If the buyer fails to fulfil the agreement and the non-fulfilment of obligations cannot be attributed to force majeure, the seller can send the buyer a reminder by recorded delivery.
If the buyer does not meet its obligations by eight days after the aforementioned letter, the seller shall be entitled to consider the agreement as dissolved, at the expense of the buyer. In that case, the seller shall be entitled to compensation, to the amount of 20% of the agreed price.
If the defaulting party is the buyer, any deposit received by the seller can be used as part-payment of this compensation.
This article does not prejudice the seller's right to higher compensation, provided the party concerned can demonstrate that the damage it incurred exceeds 20% of the agreed purchase price.
Article 7: Payment
The deposit shall be 10% of the purchase price, unless stipulated otherwise on the order form.
The balance shall be paid at the latest by the time when the car is delivered.
In the absence of a timely payment, the seller shall be entitled to suspend its obligations and in particular to refuse to deliver the car until the full price is settled.
In the event of late payment (which is any payment after the delivery date indicated on the order form), the seller shall be authorised ipso jure to a fixed compensation of 10% of the purchase price, increased by default interest at 10% a year, without prejudice to the seller's right (1) to increased compensation if the damage actually incurred is higher and (2) to compensation for the storage costs as stipulated in article 3.
Article 8: The warranty
The seller does not give the buyer any warranty other than statutory warranties, which cannot be excluded or derogated from. Under no circumstances can the seller be held liable for damage that is caused by wear and tear or by abnormal or incorrect use.
Article 9: Conventional warranty
9.1 The buyer shall only benefit from a more extensive warranty on condition that it is explicitly specified on the front of the order form, by indicating that the conventional warranty is applicable. In that case, the buyer shall receive the warranty described in this article.
9.2 It shall only be applicable, without prejudice to the provisions in article 8.6 below, if the fault occurs within the territory of the European Union, including Switzerland and the principalities of Andorra, Liechtenstein and Monaco, and if the vehicle is located in the Belgian territory at the time when the buyer demands the seller's intervention under the warranty.
9.3 The seller guarantees that the vehicle is ready for use, in accordance with the order. Any visible defects which the buyer was aware of or could have been aware of at the time of the delivery, are considered as having been accepted in the absence of any complaint by the buyer, purely by the fact of the delivery.
9.4 The parties explicitly agree that the seller's intervention in relation to the conventional warranty is limited to a duration of twelve months from the date of delivery.
For every hidden defect that becomes manifest in the first six months after delivery, the repair or replacement of the car shall be fully covered by the following warranty: the buyer has the right to demand that the seller repair the vehicle, unless such repair would be technically impossible, or out of proportion in relation to the value of the vehicle and the severity of the fault. In that case, the buyer can demand an appropriate price reduction or demand an annulment of the sale if it cannot obtain a repair or replacement of the vehicle. This also applies in the event the seller has failed to perform the repair or replacement within a reasonable term or without serious inconvenience to the buyer. Any refund of the price shall be reduced in order to take into account the use made of the vehicle after it was delivered.
Any fault that manifests itself within the first six months from delivery, shall be considered to have existed at the time of delivery, unless the seller proves otherwise.
After this first period of six months has passed, the buyer shall retain its rights to the same warranty if it demonstrates that the hidden faults that became manifest before the warranty expired already existed at the time of delivery. Under no circumstances shall the buyer be able to demand the dissolution of the agreement if the fault it invokes is of minor importance.
9.5 Any repairs must be performed within a reasonable period and without serious inconvenience to the buyer.
9.6 The work performed under warranty must be carried out in the seller's workshop or in a workshop designated by it. The buyer shall be authorised to have the repairs carried out in another workshop, provided the seller's permission is obtained in advance.
9.7 The warranty does not cover servicing, adjustments, tensioning and other preparation required for normal use of the vehicle, or the parts and items that normally need to be replaced during servicing in accordance with the manufacturer's guidelines. The warranty does not cover standard wear and tear to the vehicle. The warranty cannot be invoked by the buyer if the wear is caused by abnormal use of the vehicle, an omission, a lack of maintenance, or poor maintenance by the buyer, or if the vehicle was converted or used in competitions or rallies—except in the event it was explicitly indicated on the buyer's order form and accepted by the buyer, or in the event it is being used as a taxi or to deliver mail or urgent dispatches. The seller's intervention under the warranty depends on whether the vehicle is handled with due care and whether the manufacturer's instructions are observed.
9.8 Any buyer who wishes to invoke the warranty must inform the seller in writing as soon as possible from the moment the buyer establishes the faults or should have established them.
9.9 The buyer undertakes to do everything necessary not to aggravate the damage, if necessary by refraining from using the vehicle. If it fails to do so, this aggravating factor will be taken into account to determine the level of intervention by the seller.
9.10 The seller's liability for any damage caused by a fault in the vehicle is settled through common law.
Article 10: Applicable law
The agreement between the parties is governed by Belgian law. Only the Courts of Ghent are competent to hear any dispute relating to or deriving from the agreement between the parties.