1.1 Acceptance of these terms creates a binding legal agreement between eril company and the clients. these terms apply to all obligations between the company eril and the customer, and in particular any supply of goods and / or works and industry.
1.2 They override contractual terms of the customer.
2.1 Orders bind customers irrevocably. conditions, covenants or contracts with our agents or representatives are only valid after confirmation or acceptance from us. as a result, this contract can only be considered as committing ourselves after our acceptance or confirmation.?2.2 any increase in prices, costs or expenses for any reason whatsoever, shall be borne by the customer.
3.1 The delivery times are always approximate and delays can never, under any circumstances, give rise to cancellation or compensation.
3.2 Our goods are sold for cash, taken from our factories or workshops, they travel at the expense and risk of the receiver regardless of the mode of shipment. the receiver has to check the delivery and contest if necessary.
3.3 For the warranty, see our descriptions.
4.1 With respect to liability, both contractual and extra contractual, to both the customer as well as a third party, the company eril cannot be considered as liable for any damages whatsoever, except for damages caused by intent or by fraud on his part.
4.2 Any act performed by the company eril after delivery – like any inspection, repair, replacement, acceptance of payment by instalment, etc. will always be without prejudice and without any admission prejudicial.
5.1 The customer bears the risk of loss (total or partial) and of any damage as soon as he becomes aware of the fact that the goods are available or that the work is completed (even partially).
5.2 The company eril can not be held responsible for any consequences, even indirectly. strikes, acts of war, accidents or events ?of any kind (whether occurring in the area of eril or even in the area of our raw material suppliers) causing blackouts or partial ?manufacturing stops are considered force majeure, this list being not exhaustive, relieves us of all liability or any damages claims.
6.1 The customer is obliged to check and examine immediately, in a very careful way, any supply of goods and / or work and industry.
6.2 All delivery and any invoices must be challenged within eight days from the time the fault has been found, by registered letter with acknowledgment of receipt, failing which the request shall be invalid, if the delivery or the work do not match, one way or another, with what has been agreed, such as non conformity, hidden or visible defect , damage or other failure. Any delivery and any invoice will be considered as fully accepted if they have not been challenged in within eight days by registered letter with acknowledgment of receipt.
7.1 Any payment is to be made in cash at the ERIL company’s headquarters. Deposits and instalments represent fixed costs incurred in preparing the equipment ordered. All amounts paid will remain the property of ERIL in case of cancellation of the order.
7.2 The acceptance by the company ERIL of payment by check or draft does not entail novation.
7.3 The non-payment of our supplies by the deadline will result in the payability of all the sums due, together with an interest of 1.5% per month of delay. In addition, we have the right to rescind the sales contract due to non-payment on the due date.
7.4 In order to limit the shortcomings of private contractors, the law of the 10th of June 1994 introduced new payment guarantees whose terms have been specified by decree (18 November 1994). When the client borrows a sum of money that will be fully allocated to pay for the work performed by a contractor, the bank is obliged to pay the loan amount directly to the contractor, as long as it has not been totally reimbursed. These provisions apply only to professionals not to individuals.? When the client does not borrow money, or when only part of the loan is allocated to the payment of the contractor, payment for work shall be guaranteed either in the contract or by a bank guaranty. This provision applies to contracts concluded with professional clients, when the amount exceeds € 20,000 excl. VAT, offsetting the deposit and instalments paid when the contract was signed. In case of refusal by the owner to provide the warranty described in the sales contract, the fulfilling of an order can be stopped and actions can be taken to get the amounts due.
8.1 As long as the customer has not fulfilled his commitments, the Company ERIL has the right to suspend the performance of any obligation.
8.2 In any cases, ERIL remains the owner until full payment. However, the obligations and risks concerning the goods shall be borne by the customer.
9.1 The goods, property, services, programmes, software and Intellectual Property delivered remain our property until full payment of all sums due to us has been made: In case of current account facility, the reserved property guarantees the equity balance, therefore, in case of non-payment or delay in payment of a single instalment, we are entitled, as recognized already by the customer to repossess the goods delivered; as necessary, jurisdiction is conferred Mr to the reference Judge of the Commercial Court of our headquarters or, if we want, to the Court dealing with the delivered goods and which will be able to order the client to give the goods back to us and/or impose a fine.
9.2 The buyer bears the risks on the delivered goods from the day of delivery. Costs of repossession are the responsibility of the customer.? Our capacity as owner of the goods delivered and unpaid enables us, if the goods were sold by our client, to require the payment by his own buyer.
10.1 In case of dispute the buyer, the supplier or any other person or Company expressly submit to the exclusive jurisdiction of the courts of the headquarters of our company.
10.2 It is expressly stipulated that all terms printed in the margin or in the body of letters or sheets of customer orders and incompatible with the terms mentioned above cannot be opposed to us if they have not been specifically agreed to beforehand in writing.