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Terms and Conditions

TERMS AND CONDITIONS

ARCOSS - TERMS OF SALE
 
ARCOSS bvba (“ARCOSS”) provides to visitors of our website at http://www.arcoss.be
and any derivative, co-branded or successor site the opportunity to make online purchases of ARCOSS's products and accessories (the “Products”) and/or ARCOSS's services and support (the “Services”). By placing an order for the Products and/or Services, you are agreeing that you have read and accept the following terms and conditions.
 
The general conditions of ARCOSS take precedence at all times over those of the buyer, even if the buyer’s order and/or general conditions should contain clauses to the contrary
 
1. OFFER FOR SALE.
 
To the extent that this Agreement and its associated order acknowledgment constitutes an offer by ARCOSS to sell the Products and/or Services to the Buyer, ARCOSS's offer is expressly limited to the terms and conditions herein, and the Buyer agrees that the terms and conditions herein may not be altered, supplemented or amended by the use of any other documents and such attempt shall be null and void. To the extent that this Agreement and its associated order acknowledgement constitutes an acceptance of any offer from the Buyer, ARCOSS's acceptance is expressly conditioned on the Buyer's assent to the terms and conditions of this Agreement.
 
Any offer hereunder shall expire sixty (60) days following its date, unless the Products and/or Services are provided by ARCOSS and accepted by the Buyer. No order may be cancelled, modified or altered by the Buyer, without written consent of ARCOSS, which may be withheld in its sole discretion.
 
2. PRICE AND PAYMENT TERMS.
 
The prices for the Products and/or Services are based on ARCOSS's published prices, in effect at the time of the order. All published prices are subject to change by ARCOSS at any time without prior notice. The prices are exclusive VAT, eventual freight, insurance or other costs.
 
All payments are made in Euro. The Buyer shall make payment in full in advance or upon delivery by cash, cashier's check or credit card, unless ARCOSS requires payment in advance, or unless the order acknowledgement states different terms. Notwithstanding the foregoing, at its option at any time, ARCOSS may require the Buyer to make payment by irrevocable letter of credit, upon terms and conditions satisfactory to ARCOSS in its sole discretion, and ARCOSS may defer shipment or cancel any order if the Buyer does not promptly provide such letter of credit.
 
Payments are to be made in Retie (Belgium).
Any amount which is not paid in due time to ARCOSS will lawfully and without prior notification be increased by an irreducible fixed compensation equal to 10 % of the outstanding amount, as well as with conventional interest on arrears of 1 % per month on the amount due.
In case of non-payment on the agreed date, all further deliveries will have to be executed against cash payment .
 
Should the buyer neglect to fulfil his commitments, the sale may be dissolved legally and without notice being served, without prejudice to ARCOSS’s rights to all compensations and interests.
 
3. DELIVERY.
 
The Products are sold ex works, unless otherwise agreed.
ARCOSS reserves the right to make delivery in partial instalments, unless otherwise expressly stipulated herein. All such partial instalments will be separately delivered and paid for when due, without regard to subsequent deliveries. Any delay in delivery of any partial instalment shall not relieve the Buyer of its obligation to accept remaining deliveries.
 
The Buyer acknowledges that all delivery dates are approximate. In no event shall ARCOSS be liable for any delays in delivery of the Products and/or Services.
 
4. RETENTION OF PROPERTY.
  
The goods remain the property of ARCOSS until complete payment of the price. All risks are at the buyer’s charge. The advances paid by the buyer remain in our possession as compensation for the possible losses on resale us.
 
5. STORAGE.
 
If the Products ordered by the Buyer are not received by the Buyer within fifteen (15) days after notification to the Buyer that the Products are ready for shipment, ARCOSS may store the ordered Products at the Buyer's risk in any warehouse or yard or upon ARCOSS's premises, and the Buyer shall immediately pay all handling, transportation and storage charges at the prevailing commercial rates upon submission of invoices by ARCOSS for such handling, transportation and storage charges.
 
6. CHANGES TO PRODUCTS AND SERVICES.
 
ARCOSS reserves the right to make, at any time, changes in design and construction of Products or in the content and scope of the Services as ARCOSS deems appropriate, without prior notice to the Buyer; provided that such changes do not have a material adverse affect on the Products and/or Services. For example, ARCOSS provide to the Buyer products and/or services that have the functionality and performance of the Products and/or Services that the Buyer ordered, but changes in what is provided and what is described in a specification sheet, catalog or description of the Products and/or Services are possible. ARCOSS may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or non-availability of materials from suppliers.
 
7. COMPLAINTS.
 
Any dispute in connection with an invoice submitted must, on penalty of lapsing, be notified to ARCOSS by registered letter within 8 days of the invoice date.
ARCOSS is not responsible for faults which are visible and which the buyer himself could have been able to see. Any hidden faults must be reported in writing within 8 days of delivery. After this period the delivery will be considered as having been explicitly accepted.
Complaints concerning discrepancies in quantities must also be reported in writing to ARCOSS within 8 days of delivery.
Discrepancies in quantities must be stated on the delivery note or transport documents, in the absence of which the buyer explicitly accepts the delivery. Complaints can no longer be accepted if the buyer has processed the delivered products or supplied these to third parties.
 
8. GUARANTEE.
 
The guarantee is the eventual guarantee supplied by the manufacturer of the product. If available, the guarantee will only be valid with a period of maximum one year to be calculated from the date of the purchase. The guarantee only covers the best possible repair of goods, of replacement if required. When the goods are send back to ARCOSS (or the manufacturer), the original packaging should be used.
 
9. EXPORT RESTRICTIONS.
 
This Agreement is expressly made subject to any applicable laws, regulations, orders, or other restrictions on the export of the technology or information about the Product Technology which may be imposed from time to time. The Buyer shall not export the Product Technology, information about the Product Technology or any product containing the Product Technology without complying with such laws, regulations, orders, or other restrictions. The Buyer agrees to indemnify and hold harmless ARCOSS against all claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees, to the extent such claims arise out of any breach of this Section.
 
10. GOVERNING LAW.
 
In event of a dispute the Courts of the Judicial District of Antwerp have jurisdiction
Excluding any other legislation, Belgian legislation is exclusively applicable to any dispute between parties.
We solely sell to business customers for commercial use, all prices excl. VAT and delivery costs.