Save in cases where we have accepted other stipulations set out in writing, our deliveries and services shall be provided subject to the following terms and conditions.

OFFERS: Our offers shall not be considered binding except in the case of a sale.

DELIVERIES:

Timelines indicated for deliveries or repairs are only provided for information purposes and shall not be binding upon the company in any manner whatsoever. Delivery shall be considered as having taken place when the equipment has been handed over to the client or when the equipment in our workshop has been delivered to a forwarder or haulier acting on behalf of the client. The client shall be informed in writing as soon as the equipment becomes available in our workshop. If the equipment is not collected within 48 hours of such notice then this shall give rise to the charging of storage fees. All shipments shall be made at the expense and risk of the client. Should the client fail to comply with the terms and conditions of payment or if it does not collect the equipment within 10 days of having been informed of its availability, then the company shall be entitled to require immediate performance on the contract or unilaterally terminate the contract by operation of law. In such situation the company shall be entitled to demand compensation equal to 30% of the total amount of the order to be increased by any other damages. The contract’s execution shall be suspended in the case of a force majeure event until such time as this event has stopped.

ACCEPTANCE OF EQUIPMENT - INSURANCE:

Upon signing of the receipt voucher the client shall be considered to have received the equipment in perfect condition and to have accepted such equipment. In the event of a refusal to sign the receipt voucher the equipment shall be deemed to have been accepted unless the company is informed of the reason for the refusal within 48 hours of the moment when the receipt voucher was submitted. In all cases, to be valid any complaint must be submitted to the company in writing within 8 days of the receipt of the equipment. Our prices do not include insurance coverage for the equipment from the delivery location to its final destination. The company may at any time modify the sales prices it applies as a result of market fluctuations, pricing changes implemented by manufacturers, modifications to customs tariffs, changes in shipping costs, etc. The client expressly accepts this state of affairs.

GUARANTEES:

The equipment sold is covered by a guarantee for manufacturing defects for a maximum period of 12 months as from the date on which the equipment was received. If the equipment is used both night and day then the guarantee period shall be automatically reduced by half. Repairs carried out by the company shall be guaranteed for a period of 3 months.
In the event of a defect in the equipment or an error in any repairs carried out, the client shall be obliged to notify the company in writing within 8 days of the equipment’s reception or of the completion of repair work. Such notification shall consist of a detailed description of the defect and the client shall return the defective equipment or a relevant part thereof for inspection. Once it has carried out an inspection the company shall be entitled to opt for either the repair or replacement of the equipment. Invoking a defect in the equipment delivered shall not release the client from its obligation to pay.

GUARANTEES:

The abovementioned guarantee shall lapse if, during the guarantee period, the equipment is entrusted to a third party for inspection or repair, if the components which have been provided are replaced by a third party, or if the equipment is used by the purchaser or a third party in an inappropriate manner. The acknowledgement that a defect does in fact exist shall not in any case give rise to the payment of any indemnification of any nature whatsoever.
Replacement equipment shall remain the property of the company.
In the event that the equipment is transferred or relinquished the abovementioned guarantee shall automatically lapse.
The guarantee shall not be honoured if the client does not comply with its obligations or in case of abnormal use, faulty maintenance, negligence or improper care of the equipment.
The abovementioned guarantee shall not apply to equipment sold by the company on behalf of a third party. In such case the client shall have to directly contact the manufacturer in question.

PAYMENTS:

Invoices shall be payable at our head office, either by bank transfer, bill of exchange or any other type of settlement.
MILE reserves the right to require cash payments at the beginning of a business relationship or at a later point if the client cannot offer sufficient financial guarantees. In case of late payment a flat indemnification amount of 15% shall be automatically charged based on the total outstanding amount.
In the case of payments made in instalments, the agreed-upon payment terms shall be subject to the same conditions as those set out above. Failure to pay an instalment shall result in the outstanding invoice balance becoming immediately payable in full without prior notification.
Invoices pertaining to repairs shall be payable as follows:
- 50% of the price quote upon ordering
-  and the remaining balance once repairs have been completed.
In the event of a failure to pay an invoice or in the event of a partial payment, the company shall be entitled to keep the equipment as a security for payment of the amounts still owed by the client, with this provision also applying to any equipment other than that specifically referred to in the invoice.
A purchaser shall not in any case be entitled to invoke a delay in the execution of an order to justify a refusal to pay.
Guarantees shall lapse automatically if payment is not made within the required timeframes. It is expressly agreed that the machines sold and their associated elements shall remain the exclusive property of the company as long as the client has not completely honoured all its obligations, in particular as long as the sales price has not been paid in full, including any default interest and indemnities. The company shall be entitled to unilaterally terminate the purchase contract by means of notification through a registered letter if the client fails to comply with its payment obligations. In this case the company shall also have the right to take back the equipment, the machines and their associated elements, regardless of where such items are located, at the client’s cost plus a flat indemnification amount of 30%.
Goods shall remain the property of the seller until the invoice has been paid in full.

JURISDICTION:

The courts of the legal district of Brussels shall be solely competent to hear any disputes stemming from this contract.