Article 1. Commitment
All our activities (defined, among other things, but without limitation, as: trade in engines (exchange, new and overhauled), parts, etc., as well as accessories) are governed exclusively by these general terms and conditions, which are expressly known to the customer and accepted by him at the time of the conclusion of each contract with DVH PARTS. These General Terms and Conditions may only be deviated from by written agreement between DVH PARTS and the customer. Under no circumstances may the customer’s general terms and conditions apply to the contract between DVH PARTS and the customer.
Article 2. Offers
Our offers are always subject to change without prior notice and are not binding until accepted by the customer. The customer expressly accepts that orders are executed at the prices valid on the day of delivery.
Only the consumer-customer as defined in Article 60 ff. of the Market Practices and Consumer Protection Act of April 6, 2010, has the right to notify DVH PARTS. that he/she renounces the purchase, without having to pay any penalty and without having to give any reason:
“Within seven working days, starting from the day following the day of signing the contract, the consumercustomer has the right to revoke his purchase without charge, provided that he informs DVH PARTS by registered letter . Any clause by which the consumer-customer waives this right is null and void. As regards the time limit to be taken into consideration, it is sufficient that the notification is sent before the expiry of this time limit.”
In the case of offers which have been accepted by the customer but which the customer subsequently cancels for any reason whatsoever, DVH PARTS will be entitled, in accordance with Article 1152 of the Civil Code, to claim immediate compensation of 50% of the invoiced amount, in particular for damages and loss of profit, it being understood that the minimum amount of compensation will not be less than € 500. DVH PARTS shall also have the right to claim the damage actually suffered by the Customer.
Article 3. Execution.
DVH PARTS may, at its own discretion, subcontract its activities to third parties, without this having any influence on the contractual relationship between DVH PARTS and the customer.
Delivery times given by DVH PARTS are purely indicative and are not binding on DVH PARTS. In the event of delays, the customer has no right to claim fines or damages of any kind whatsoever, nor to dissolve the contract in whole or in part, except in the event of wilful misconduct by DVH PARTS or its agents. In the event that the performance of the contract is rendered impossible by a case of force majeure (i.e. any circumstance beyond the control of DVH PARTS, even if it was foreseeable at the time of the execution of the contract, which permanently or temporarily prevents the execution of the contract, as well as, insofar as not already included in the above-mentioned cases, war, risk of war, civil war, riots, strike, lockout, transport problems, fire or other serious disturbances at DVH PARTS or its suppliers), the contract may be considered to be terminated by operation of law or the execution may be suspended, without compensation to the customer. In any event, DVH PARTS will be entitled to consider the contract as automatically terminated, without prior notice, in the event of bankruptcy, the opening of judicial reorganisation proceedings or the insolvency of the customer or in the event that the customer does not collect the goods ordered or repaired within thirty days, without DVH PARTS being obliged to pay any compensation whatsoever and without prejudice to the rights of DVH PARTS.
If the activities are carried out at DVH PARTS (including, but not limited to, DVH PARTS’s stores, its registered office, etc.), they will be delivered and accepted at this location for possible shipment. If the activities are carried out either at the customer’s premises or at any other location at the customer’s request, the customer is obliged to ensure, at his own expense, that DVH PARTS can carry out its activities to the best of its ability.
DVH PARTS reserves ownership of the goods delivered until the price has been paid in full. The goods are sent at the customer’s sole risk, even if they are sent carriage paid or delivered by our own services.
Any complaint about our services must be notified to us by registered letter within eight days of delivery, otherwise it will no longer be accepted.
All used or damaged parts which are not claimed at the time of taking possession of the vehicle, engine or any other repaired object, become our property
Article 4. Return
Any return of goods is only accepted with our prior agreement and if it reaches us under the following conditions
1) free of charge in our stores within eight days of our sending,
2) in their original packaging,
3) fit for resale,
4) the return must mention the number and date of the delivery note or invoice.
The costs of transport and packaging shall never give rise to a credit note on the part of
Article 5. Prices
Our prices are valid for all goods picked up in our warehouses or for shipments that are not carriage paid. The
freight, packaging and costs incurred due to circumstances caused by the customer are at the customer’s expense.
Article 6. Payment.
Our invoices are deliverable and payable in cash and without discount to the headquarters of DVH PARTS. The drawing of bills of exchange does not derogate from this clause and any delay in payment automatically and without prior notice of default interest calculated at 10% per year from the due date of the invoice. The customer accepts that any non-performance or only partial performance of a payment will be considered as a contractual fault, in accordance with Article 1147 of the Civil Code, with DVH PARTS having the right to claim a lump-sum damage clause (in particular for additional costs, debtor checks and disruption of business operations) which is set by mutual agreement between DVH PARTS and the customer at 20% of the sales price, with a minimum of €50. This lump-sum damage clause is due automatically and without notice of default from the due date of the invoice and does not include costs and expenses in the sense of Article 1022 of the Judicial Code, i.e. the lump-sum intervention in the fees due for the assistance of a lawyer.
Any dispute concerning our invoices must be made by registered letter, within eight days following the sending of our invoice.
In case of non-payment on the due date, we also reserve the right to suspend deliveries and repairs in progress. Furthermore, we reserve the right to automatically and without prior notice of default consider the contract as dissolved for its total or partial performance which has yet to take place, in accordance with Article 3.
In derogation of article 1583 of the Civil Code, we reserve the right to full ownership of all our goods, until full payment
Article 7. Guarantee
7.1. For new engines, overhauled in exchange, parts and accessories that we process and sell, the
the warranty conditions of the manufacturers of these products are always valid, and therefore our liability to the customer is
Therefore, our liability to the customer is limited to the delivery.
7.2. We guarantee our services, work and deliveries against material defects or defects in workmanship for three months from the date of acceptance. In the case of work ordered by the customer on engines, engine parts or components belonging to the customer or to third parties and entrusted to us for the purpose of carrying out work on them, we shall be liable only for the proper execution of the work in accordance with the state of the art. Our warranty shall only cover the work performed and the parts repaired or delivered by us in the event of a warranty claim. Defective parts that are replaced under warranty become our property. In no case shall we be liable for defects or faults in the reassembly by the customer or third parties of motors, their parts or components repaired and delivered by us. Without prejudice to the liability provisions set forth in Article 8, our liability is strictly limited to the repair or exchange free of charge in our workshops of the engines, engine parts or components that are found to be defective, to the exclusion of any other compensation or reimbursement of costs (such as, but not limited to, transport costs, travel and accommodation costs, expert’s fees, (dis)assembly costs).
7.3. The warranty cannot be invoked by the customer if the defect is due to abnormal use, negligence, imperfect or poor maintenance by the customer.
or improper maintenance by the customer, nor if the engine, engine parts or components have been repaired
or used by the customer or third parties.
7.4. Our warranty is expressly excluded if the customer has had the parts or components dismantled outside our workshops, unless we have
Our guarantee is expressly excluded if the customer has had the parts or components disassembled outside of our workshops, unless we have given him express written permission to do so prior to disassembly.
7.5. The application of the guarantee does not result in a new period of time starting to run.
Article 8. Liability.
8.1. DVH PARTS is in no way responsible for any accidents that may occur as a result of,
but without limitation, the failure of a part due to hidden defects or other. If the vehicles, boats or
entrusted to us for repair or overhaul are to be driven by a member of our staff on collection, the
personnel at the time of pick-up, delivery or testing, this shall always be done under the full responsibility of the
responsibility of the owner.
8.2. Vehicles, engines or other objects entrusted to DVH PARTS remain in our workshops at the customer’s risk and we cannot be held liable in the event of accident, theft or fire. The customer, his employee and the persons accompanying him are in our workshops under their own responsibility and DVH PARTS cannot be held responsible if they are victims of an accident.
8.3. DVH PARTS is not liable for any indirect damage suffered by the Customer or third parties.
Article 9. Derogations.
A derogation from one of the provisions of these general conditions shall not under any circumstances result in the
non-application of the other provisions of these general conditions and does not create a precedent.
Article 10. Right of appeal.
The VAT system is applied in accordance with the customer’s instructions. In the event that these instructions are followed by a
by the VAT authorities, DVH PARTS reserves the right to claim a refund from the customer of this
the right to claim reimbursement from the customer for this review or assessment and all related costs.
Article 11. Personal data.
The personal data that our customers provide for the proper execution of the contracts governed by these general conditions are
the present general conditions are registered in our data bank, unless they are opposed at the time of
at the time of this communication. They are intended for internal use in our firm and by our suppliers. The
have the right to consult their personal data and to ask for a possible correction or deletion, according to the
in accordance with the provisions of the law of 8 December 1995 on the protection of privacy.
Article 12. Applicable law and competent courts.
Belgian law is applicable to this agreement. All disputes arising from the services provided by DVH PARTS.
provided by DVH PARTS. fall under the exclusive jurisdiction of the courts of the judicial district of
Namur, without prejudice to the exclusive right of DVH PARTS to choose to submit the dispute to any other competent