Terms and conditions
GENERAL TERMS AND CONDITIONS Dealers
CUBIX Business nv
Document made on 01/01/2024
1. Scope of application
The present general terms and conditions of sale (hereafter "GTC") apply without restriction or reservation to all sales concluded by the CUBIX Business nv with CBE company number 0862.300.603, VAT number BE 0862.300.603, whose registered office is located at Spanjestraat 60, 8840 Staden, BELGIUM ("the Vendor") to companies (the "Customer(s)") wishing to purchase the products offered for sale by the Vendor (the "Products") on the website. In particular, they specify the conditions for ordering, payment, delivery and the management of any returns of the Products ordered by the Customers.
These GTC apply to the exclusion of all other terms and conditions; they can be consulted at any time on the Website and, if necessary, will take precedence over any other version or conflicting document. The Customer acknowledges being aware that these GTC are intended for businesses. As these GTC may be modified later, the version applicable to the Customer's purchase is the version in force on the Website on the date the order is placed.
The possible nullity or unenforceability of one or more clauses of these general conditions of sale shall not affect the validity of the other clauses or of these general conditions of sale as a whole.
2. Quotations
Our quotations are always without obligation, unless expressly stated otherwise on the quotation. Any acceptance of a delivery by the other party in any case implies acceptance of the entire quotation by the customer.
Price offers are always based on the values of wages and materials then in force. If they undergo changes, we can always adjust the prices accordingly. In any case, the prices stated are always exclusive of VAT.
3. Order
3.1 General information
The Customer acknowledges having the required competence to contract and acquire the Products offered. The validation of the order by the Customer implies the acceptance without restriction or reservation of these GTC.
The Vendor strives to improve its products and reserves the right to change the products without prior notice. Goods taken out of collection during the term of this catalogue cannot give rise to any form of compensation or damages.
3.2 Placing an order
The information provided by the Customer when opening a customer account or placing an order must be complete, accurate and up-to-date. The Customer has the opportunity to check the details of his order and its total price and correct any errors before confirming his acceptance. It is the Customer's responsibility to check the accuracy of the order and report or correct any errors immediately.
3.3 Modification and cancellation of the order
In case an agreement or order, is cancelled by the customer, the Seller is entitled to claim a lump-sum compensation of 10% of the total value of the cancelled order or agreement, without prejudice to the express right of the Seller to claim higher compensation if proven.
This cancellation is done in writing and as soon as possible after ordering and is only applicable after approval by our customer service department.
Once confirmed and accepted by the Vendor, an order for items customised for the Customer, which constitutes a contract of hire, cannot be changed. Nor can it be cancelled, broken or rescinded. It is clearly indicated on the Website that such an "article made to measure" is involved.
In case of the product ordered not being in stock, the Customer will be informed as soon as possible and will have the possibility to cancel the order. The Customer will be refunded for the amounts collected (no later than 14 days from the date of cancellation of the order). Items customised by the Customer as described above are not covered by this condition.
4. Prices
The Products are delivered at the price indicated on the Website at the time the order is placed by the Seller. The prices are expressed in euros, excluding VAT. These prices are fixed and not revisable during their validity period, as indicated on the Website, with the Seller reserving the right, outside this validity period, to modify the prices at any time.
They do not include processing, shipping, transport and delivery costs, which are additionally invoiced, according to the terms indicated on the Site and calculated before the order is placed.
If the Customer requests a faster or more expensive shipping method than the standard shipment, the additional shipping costs, as they appear at the time of the validation of the order by the Customer, are entirely at his expense. The payment requested from the Customer shall correspond to the total amount of the purchase, including these costs. The Seller will draw up an invoice which will be sent to the Customer by e-mail when the Products ordered are dispatched.
The prices quoted for the goods include standard packaging. The prices quoted are for delivery of the goods on Euro pallets or with other standard packaging of the Seller. Any additional costs caused by not being able to receive the goods when delivered on Euro pallets or with other standard packaging of the Seller, will be invoiced additionally.
The Seller's obligation to deliver, and therefore the prices, do not include the delivery of special certificates or test reports, unless this is stated separately as a feature of the goods or services. Transport and logistics formalities are not included in the price, unless expressly stated otherwise.
Installation and commissioning shall be carried out by the reseller. Installation and commissioning can also be carried out by the Seller at the request of the reseller and at the pre-agreed conditions. This requires contacting our customer service department via the contact form on the Site. The machines are guaranteed for 6 months after commissioning for spare parts and manufacturing defects. Warranty requests should always include a copy of the purchase invoice showing the serial number of the machine.
5. Terms of payment
5.1 Payment of invoices
All our invoices are payable in cash at the registered office. The goods remain the property of the Seller as long as the goods have not been paid for in full.
Protests against an invoice must be made in writing, stating reasons. It must always reach us within 8 calendar days of the invoice date.
5.2 Late payment or non-payment
In case of delay in payment, we reserve the right to take back the goods until full payment, without prior notice of default and excluding any claim for damages from the Buyer.
If the customer does not pay the invoices on time, it loses all rights to the granted discounts or other benefits. Late payment of one invoice makes all other outstanding invoices due and payable.
A complaint by the customer does not entitle it to suspend all or part of its payments to the Seller.
In the event of total or partial non-payment on the due date, the debt balance will be increased by 10% with a minimum of €125 and a maximum of €3,000 even in the case of granting instalments of grace.
The customer may not deliver unpaid goods, on which the Seller has a retention of title, to a third party until the customer has paid these goods to the Seller.
Set-off by the customer is excluded unless expressly authorised by the Seller.
An acceptance by the Seller of a partial payment by the customer is made under all reservations, without such acceptance being considered a waiver of the right with regard to the recovery of the outstanding balance, interest and costs.
The customer must notify the Seller in writing of its complaint regarding invoices within 8 working days of receipt of the invoice.
5.3 Termination of the contract
We also have the right to consider the agreement terminated by operation of law and without prior notice of default in case of bankruptcy, apparent insolvency or any change in the legal situation of the co-contractor. Also in this case, no compensation will be due.
6. Deliveries
6.1 Delivery period
The Seller shall perform its commitments within a reasonable period of time. All delivery dates given by the Seller are indicative. In the event of delay, the contract may therefore never be rescinded to the Seller's detriment, nor damages claimed.
If you purchase multiple items with different delivery dates, the delivery date of the order is based on the furthest delivery date. The Seller reserves the right to send the order in several shipments. However, transport costs will only be charged once
6.2 Delivery conditions
The goods shall be delivered to the address indicated in the order or to the chosen pick-up point. The Customer is responsible for the information provided during registration and ordering. The Vendor cannot be held responsible for any input errors which may lead to delivery errors or delays in delivery. If the delivery address turns out to be incorrect or if the Customer decides to change the delivery address after the Products have been dispatched by the Seller, the cost of the new delivery shall be borne by the Customer.
Delivery of goods smaller or equal than a standard EU pallet includes unloading from the truck. It is not foreseen to deliver the goods to the doorstep, nor on a floor.
For heavier or larger products, which exceed the dimensions of a standard EU pallet, the delivery service does not include unloading the truck. This must be carried out by the Customer using the necessary lifting and/or transport equipment, such as a forklift truck. It is the Customer's responsibility to ensure that this stage of the delivery is carried out correctly.
The delivery does not include installation or commissioning of the Product as standard. This can be ordered as an optional extra.
Prior to any order or purchase, the Customer must ensure that each Product can be delivered without problems. The Customer must also, when making the appointment with the delivery person, specify the details regarding access (access code, guard, etc.). Any problem arising during the delivery of the Products, for which the Customer is solely responsible, will result in the cost of a new delivery of Products charged to the Customer.
6.3 Transport
Since the Seller is responsible for the transport, it assumes the transport risks.
The Vendor undertakes to put the Customer in contact with the carrier in order to determine the delivery conditions and, in particular, the delivery date for large appliances. Deliveries shall be made to the address indicated by the Customer at the time of ordering and to which the carrier can easily access.
The goods travel at the buyer's risk. The freight costs charged are a pass-through of the applicable transport costs of our transport partners.
Goods are delivered FRANCO (unloaded and excluding installation) to the reseller from €500 in Benelux, from €600 for northern France. Anonymous delivery of large machines directly to the end customer is possible.
6.4 Verification of delivery
In any case, the Customer is obliged to check the condition of the packaging and of the Products upon delivery. It is the Customer's responsibility to express reservations and make any complaints he deems necessary, or even to refuse the package, especially if the package is clearly damaged on delivery and before it has been opened.
Such reservations and detailed complaints must be communicated immediately to the delivery driver on the consignment note. The Customer must inform the Seller accordingly In the absence of timely submission of a complaint, any legal action against the carrier and Seller under the statutory provisions shall lapse.
6.5 Inspection of the delivered goods
If the package is in good condition, but on opening it, it appears that the Product is damaged or does not correspond in type or quality to specifications stated on the order, the Customer must notify our customer service department via the contact form on the Website within 48h of receiving the goods. The Seller will confirm receipt of any complaint as soon as possible and will endeavour to resolve it where commercially possible. In case of non-conformity of the Product delivered, the Seller undertakes to remedy the defect or compensate the Customer, as indicated in the article 7.
In case of a specific request from the Customer regarding the conditions of packaging or transport of the ordered products, duly accepted by the Seller in writing, the related costs will be the subject of a specific additional billing, based on a prior written estimate accepted by the Customer.
7. Liability
The Seller cannot be held liable for indirect damages. Indirect damages include - but are not limited to - loss of profit, loss of opportunity, delay in the execution of any project, production or works at the customer or its customers.
The Seller shall also not be liable for damage resulting from incorrect or inappropriate use of the goods, and/or damage resulting from non-compliance with statutory or other obligations by the customer and/or its staff members/employees/ appointees, including the safety instructions and any instructions for use of the respective goods.
Without prejudice to the foregoing, the Seller's liability shall in any event be limited to the amount invoiced for the goods or services giving rise to the liability.
The limitations of liability in previous articles do not apply in case of fraud or intent of the Seller, but do apply in case of intent of appointee(s).
In case of a hidden defect, the customer can only claim the replacement of the defective good by the same or an equivalent good. The customer cannot claim a full or partial refund of the price
8. Force majeur
The Seller cannot be held liable for the non-performance of the concluded contract in the event of force majeure (natural disaster, epidemic, government measures, quarantine, acts of the Prince, etc.), interruption or total or partial strike, in particular of the postal services and means of transport and/or communication, which in particular delays or renders impossible the delivery of the Products. In this case, the Seller shall be relieved of any liability.
9. Warranty & Returns
After receiving your order, you have 30 calendar days of return rights. Goods returned will be credited with a deduction of -10% from the purchase price. The transport cost will be borne by the buyer. This return right does not apply to: items made to measure, outlet items or repaired goods.
There is a legal guarantee of 1 year on new and outlet products. For repaired products, a 3-month warranty on the reparation is offered. All warranties always take effect on day of delivery. The Seller is responsible for the transport of goods sent during the warranty period. We do not accept warranties that are returned to us for a fee via our own carrier.
Return or warranty requests should be made via the contact form on the Site.
Returned items must be packed in the original, undamaged packaging.
10. Applicable law & competent court
The language of this contract is English. This contract is subject to Belgian law.
In the event of a dispute, the Customer must first contact our customer service via the contact form on the Site. If the dispute cannot be settled amicably, the disputes will fall to the Court of the Seller's choice