1/ Acceptance of our terms:
These terms and conditions apply to all our sales and services.
2/ Contract Formation – Order Cancellation:
Unless otherwise stated, the offers of Europair Benelux srl remain valid for a period of one
month. An order will be taken into consideration only after the buyer has signed for agreement, dated, and returned the offer of Europair Benelux srl within the period of its validity. In case of cancellation of the order by the buyer, he will be liable for a flat-rate indemnity of 20% of the total price of the order, with a minimum of 250.00 €.
3/ Price:
All prices are in euros (€), excluding VAT, free delivery to all addresses in Belgium or
Luxembourg not unloaded, without delivery time guarantee. They are subject to our general conditions of sale. Any special delivery, specific time or “express” type will be subject to additional billing.
4/ Goods Handling:
The seller shall notify the buyer in writing of the date on which the latter will be required to
receive the goods. In case the buyer does not take delivery of the goods on the date
communicated, the seller reserves the right to pass on all the additional costs thus incurred (such as transport, new supply, storage, insurance) to the buyer. The risks are also transferred to the buyer as of this date planned for the assumption. The goods always travel at the buyer’s own risk, even if delivered free of charge. The buyer must check the goods as soon as they are received, both as regards their conformity with the order and as regards their general condition.
The seller is presumed to approve the goods when he does not immediately enter his
reservations concerning the damage, loss or non-conformity of the delivered goods on the
delivery note. In addition, the buyer must inform the seller of these reservations no later than by registered letter sent 3 days after delivery.
5/ Delivery conditions for spare parts and accessories:
A shipping and administrative fee of 35€ net VAT will be charged for any order with a lower
amount of 750.00€ net VAT.
6/ Receipt of Goods:
The condition of the goods must be checked at each receipt. In the event of apparent damage or doubt as to the condition of the equipment, a remark shall be made on the delivery slip. When the driver has left with the delivery slip signed without notice, the insurance no longer accepts to intervene in the possible costs of damage due to transport.
Europair Benelux srl, Bd du Centenaire 4, bt1 1325 Dion‐Valmont VAT : BE0754.887.256
7/ Placement:
Mounting is never included in the contract.
8/ Retention of Ownership:
Without prejudice to the principles laid down in Article 2 concerning the transfer of risks, the goods shall remain the property of the seller until full payment of the price. The buyer agrees not to sell or transfer the goods to a third party as long as the goods remain the property of the seller. Failing this, the buyer must refund the entire price as provided on the purchase orders and/or invoices.
9/ Delivery Times:
Unless otherwise stipulated, delivery times are mentioned only for information purposes.
10/ Payment Terms:
The invoice shall be issued from the date on which the goods are made available as provided for in Article 3. Payments shall be made net and without discount. Unless otherwise agreed, invoices shall be payable upon receipt. They are producers of interest, of right and without formal notice, from their maturity, at the rate of 12% per year. The stipulation of the payment of an interest does not prejudice the liability of the invoices from the moment of their maturity. It is also expressly agreed that in the event of non-payment of an invoice by the due date, even if partially, the unpaid amounts will be increased automatically and without prior notice by 12%, with a minimum of 250,00€, as a flat-rate compensation for the damage suffered.
11/ Invoice dispute:
Europair Benelux srl shall be notified of any dispute relating to the invoicing by registered post letter addressed no later than 1 month after the date of the invoice. In the absence of any protest within this period, the invoice shall be definitively accepted.
12/ Resolutory clause:
In the event of non-payment of an invoice by the due date, the agreement shall be automatically resolved by the mere fact of the service of the seller’s will to the buyer by registered letter and without prior notice. In this case, the seller has the right to take back the goods. In addition, it will be due by the buyer for damages an amount equal to 12% of the price of the order, with a minimum of €250.00. In so far as the seller proves that the actual damage suffered is greater Europair Benelux srl, Bd du Centenaire 4, bt1 1325 Dion‐Valmont VAT : BE0754.887.256 than this amount, he may, however, claim additional compensation from the buyer. These remain at the buyer’s risk, both during the transport period and during the time the aircraft is at Europair Benelux srl.
13/ Guarantees
The seller will be bound only to the following warranty: the seller undertakes to replace free of charge, excluding any costs of disassembly or assembly, all parts (except plastic parts and air filters) found defective after normal use. (cfr guarantee conditions) The seller becomes the owner of the replaced parts. The seller must have the possibility to check
on site the conditions of installation and use of the device in question, immediately after the anomaly has been discovered. In this regard, the seller shall refuse any liability for parts which have been replaced without his prior written consent. The goods may not be returned without the prior written consent of Europair Benelux srl, which shall not give rise to any adverse recognition of any kind. In the event of the return of the goods, the seller’s obligation will remain limited (at his choice) to the repair or replacement of the
defective components and may in no way give rise to the return of the sale price or to damages, either as compensation for direct or indirect damage. Europair Benelux srl provides its guarantee (cfr Warranty conditions) on air conditioners sold by itself by the Panasonic brand of the RAC, PAC-I and VRF range, appliances requiring commissioning by the company Europair Benelux srl. All equipment sold with a commissioning included in the sales contract, is covered by a total warranty (parts and labor) of one year, from the date of delivery, provided that the commissioning is ensured by us. In the event of an intervention request outside the guarantee period, the services will be invoiced according to the current rate or according to a quote. (cf general conditions of intervention) The warranty runs from the time of commissioning or at the latest 6 months after delivery. The warranty does not apply in cases of use outside the operating limits mentioned in the manual (ex: without winter regulation to cool by an outside temperature 18°C, etc.).
Europair Benelux srl is not responsible for the location or use of the equipment. If equipment is placed in a location that is not safe or in a location that is difficult to access, the installer or end customer must provide the equipment necessary to allow safe access to the equipment.
The costs of implementing this equipment will under no circumstances be borne by Europair Benelux srl. Any repair under the warranty does not extend the warranty period.
The warranty is limited to replacement of defective components, which does not include:
consumables, maintenance, filters, refrigerant, oil, transportation costs, cranes or lifting devices.
14/ Europair Benelux srl warranty conditions
Uteck standard range (1): 2 years parts and 1 year labour
NHS brand product: 2 years parts and 1 year labour
Modular ventilation units: 1 year parts and labour
Aerauliqua range: 2 years parts and 1 year labour
Panasonic range: 3 years parts, 5 years compressors, 1 year labour
(1) Fans; Fire Dampers; Smoke Extractor; Air Distribution Products; Residential Air Handling Units (Save) Europair Benelux srl, Bd du Centenaire 4, bt1 1325 Dion‐Valmont VAT : BE0754.887.256
(2) Chillers; heat pumps; chilled water terminal units; loop heat pumps
15/ General Conditions for Action
See our general terms of service, and commissioning according to the family of products.
Apart from these tables, the data below will apply.
Services: 80 EUR/ hours, 60 EUR/ hours during travel and 0.75 EUR/ km (BXL)
Package travel: Brussels and surrounding area (25 km): €125
Up to 75 km from Brussels: €155
Beyond 75 km from Brussels: 215€
Supplement for the centres of big cities: 50 €
A flat fee of 250 € will be charged if our technician cannot perform his work on site in case of installation not ready for commissioning.
16/ Terms and Conditions for Replacement of Parts Against Payment
Lump sum amounts: €200 for compressor replacement
€100 for engine replacement
50 € for other works
Other than these lump sums, no other amount will be accepted.
17/ Warranty Agreement Suspensions:
Warranty agreements are suspended when:
– No maintenance contract concluded within 6 months after delivery of equipment
– Leaks in the facility through which the refrigerant is leaking and soiling the refrigeration system.
– Lack of or insufficient maintenance reports.
– Lack of maintenance: dirty condenser, clogged air filters, clogged dehydrator filters, acid oil, etc.
– Installation without relation of the installer (vacuum measurement, refrigerant weight, working pressure, amperage measurement, etc.) mentioning the name of the technician and signed by the customer.
– Operation outside operating limits (e.g. without winter regulation to cool by outside
temperature 18°C).
18/ Conditions for the takeover by Europair Benelux srl of devices returned by the customer:
a/ Any appliance in Europair Benelux srl’s current stock that returns within two weeks of delivery, in perfect condition, in its intact original packaging, will be credited as follows: The trade-in value will be 80% of the net price paid by the customer, less return transport costs, provided that the net value corresponds to a minimum of €500.00. The 20% deduction (minimum of 150.00€) includes the outward transportation and administrative costs.
b/ Conditions for the takeover by Europair Benelux srl of damaged aircraft, or more than one Europair Benelux srl, Bd du Centenaire 4, bt1 1325 Dion‐Valmont VAT : BE0754.887.256
month after delivery, or that do not form part of the current stock of Europair Benelux srl: The agreement and the takeover price will be determined on a case-by-case basis.
19/ Responsibility for studies, advice, quotes or offers:
Save as otherwise provided, Europair Benelux srl shall not be liable in any way for any opinions, studies, designs or proposals which it communicates in faith free of charge. It is therefore always up to the client to be assisted by an advisor, engineer or architect, in order to verify both the technical feasibility of his project and the adequacy of the equipment ordered from it.
20/ Third party guarantee:
The buyer shall indemnify the seller against all actions or demands which third parties may bring against him.
21/ Litigation:
For all disputes, exclusive jurisdiction is assigned to the Courts of Nivelles or Justice of the Peace of Nivelles. Only Belgian law applies to relations between parties.