General Terms and Conditions — 

ELDARCARS CommV BE 0634.695.843

1. General
   
   The present general terms and conditions apply to all quotes, purchase orders, invoices, and deliveries from ELDARCARS Comm. V. with registered office at Gentsesteenweg 136, 8792 Waregem and with company number 0634.695.843 (hereinafter: ELDARCARS), unless expressly stated otherwise and excluding the conditions of the contracting party (hereinafter: Customer). ELDARCARS supplies both to businesses (hereinafter: Business(es)) and to any natural person acting for purposes that are not related to their professional or commercial activity (hereinafter: Consumer(s))..
   
   
   
2. Offers, quotes, and purchase orders 
   
   All offers and quotations are non-binding and are valid as long as supplies last, with a maximum period of 2 days.
   A purchase order should be considered as a contract to which these terms are an integral part. The Customer has acknowledged the purchase order and its terms, including the description of the vehicle, at the latest at the time of acceptance of this purchase order.
   Features that are considered essential for the Customer must be explicitly stated on the purchase order.
   The price stated on the purchase order is unchangeable with respect to the Consumer and includes, if applicable, all services provided for the commissioning of the vehicle, unless explicitly stated otherwise. The wheels as displayed on the vehicle are not included in the price and are therefore optional, unless stated otherwise on the purchase order.
   Each purchase order is deemed to be signed at the registered office of ELDARCARS.
   
   
   
3. Delivery 
   
   The place of delivery takes place at the headquarters of ELDARCARS, unless otherwise specified in writing.
   ELDARCARS generally indicates the latest delivery date on the order form. In the absence of this date, the delivery is deemed to have occurred immediately upon simple request from the Customer. In relation to Businesses, the delivery date is indicative.
   When purchasing a new vehicle, ELDARCARS reserves the right to deliver a model that may slightly differ from the ordered model, but meets all requirements set by the Customer.
   If the vehicle is not delivered by the latest delivery date, only the Consumer has the right to: (i) either terminate the agreement when the delivery date is essential for the Consumer and this has been explicitly stated in the order form, (ii) or, in other cases, propose a new delivery period adjusted to the circumstances and, if the vehicle is not delivered by the expiration of this new period, terminate the agreement. In such termination, ELDARCARS will refund the deposit paid to the Consumer within 5 working days.
   If the Customer refuses to accept the vehicle on the indicated delivery date against full payment, ELDARCARS will formally notify the Customer in writing, requesting them to fulfill their obligations within 2 days from the sending of the notice of default. If the Customer still fails to fulfill their obligation, ELDARCARS has the option to either demand performance of the agreement or to immediately terminate the agreement. In such termination, ELDARCARS is entitled to a flat-rate compensation calculated on the paid deposit with a minimum of 15% of the agreed price, excluding storage costs estimated at €50.00/day. Such compensation also applies if the Customer wishes to cancel an agreement, unless otherwise stated. This compensation is reciprocal in relation to the Consumer.
   ELDARCARS guarantees that the vehicle is ready for use, unless otherwise stated.
   Visible defects of which the Customer was aware or could have been aware at the time of delivery will be considered accepted in the absence of written protest at the time of delivery. This acceptance also covers the compliant delivery.
   
   
   
4.  Guarantee
   
   4.1.T.a.v. Consumers
   According to Article 1649quater of the Civil Code, the statutory warranty period is 2 years for the purchase of new cars. The statutory warranty period for the purchase of used cars is 1 year. The warranty only applies if the defect occurred within the territory of the European Union (including Switzerland, Andorra, Liechtenstein, Monaco) and if the car is located in Belgian territory at the time the Consumer requests intervention from ELDARCARS regarding the statutory warranty. ELDARCARS cannot be relieved of its liability for hidden defects in the car, provided that the requirements set forth in these terms have been met.
   The Consumer wishing to invoke the warranty must notify ELDARCARS in writing within a reasonable short period, namely 1 month, from the moment the Consumer could or should have identified the hidden defects, under penalty of forfeiture of the claim. The Consumer has a duty to mitigate damages, which means that additional damages that could have been avoided may not fall under the statutory warranty.
   When the Consumer wishes to carry out a repair on the car, this must initially be done by ELDARCARS. However, this does not mean that the aforementioned statutory warranty is void if a repair is carried out on the car by another repairer, provided that the repair is done according to the manufacturer's instructions.
   
   4.2.To the attention of Businesses
   ELDARCARS is not liable for any hidden defects when it demonstrates that it had an insurmountable ignorance regarding this potential defect or shows that it communicated the existence of this defect to the Company. However, ELDARCARS is always liable for a hidden defect if it was aware of it in bad faith and did not inform the Company.
   The Company must report any hidden defects immediately and no later than a short period after discovering the defect, which is 14 days, to ELDARCARS, under penalty of forfeiture of claim.
   When the Company operates in the same industry as ELDARCARS, ELDARCARS is never liable for any hidden defect, unless it was aware of it in bad faith and did not inform the Company.
   
   4.3.General
   ELDARCARS commits to delivering a ready-to-use and roadworthy vehicle, unless otherwise stated. However, it is not responsible for any non-conformity/defect resulting from age, wear and tear, abnormal use of the vehicle, negligence, lack of maintenance, and/or poor maintenance by the Customer. The warranty does not cover maintenance services, adjustments, tightening, and other preparations necessary for normal use of the vehicle, nor the parts and components that are normally replaced during maintenance services prescribed by the manufacturer. The warranty does not cover normal wear and tear of the vehicle (including but not limited to: brake linings, brake pads, brake drums, exhaust system, shock absorbers, drive belts, filters, spark plugs, clutch, fuses, control cables, windshield wipers, tires, battery, upholstery materials, etc.). The warranty also does not cover the consequences of damage to glass, lights, reflectors, headlights, side mirrors, door connections and locks, all fluids, as well as towing costs, etc.
   The Customer acknowledges and accepts that ELDARCARS can invoke the exceptions and disclaimers that its manufacturer/supplier can invoke against it.
   In the event of a defect and/or non-conforming delivery, preference should initially be given to performance in kind, unless this is impossible or disproportionate. Secondly, the Customer may opt for a price reduction.
   The Customer may always choose to extend the warranty, without this affecting the statutory warranty.
   
   
   
5. Liability 
   
   ELDARCARS is not liable for minor errors made during the execution of the agreement with the Customer. Its liability is also limited to a maximum of the value stated on the invoice. Any claim based on the liability of ELDARCARS will automatically expire concerning Businesses if it has not been brought before the competent court within a period of 6 months after the facts on which this claim is based were known or could reasonably have been known by the business. ELDARCARS can never be held liable for indirect damages, including but not limited to, lost income, profits, loss of a customer, or any consequential damages.
   
   
   
6. Transfer of ownership
   
   The transfer of ownership takes place at the moment the vehicle is delivered to the Customer. The risks are transferred at this moment.
   In all circumstances, ownership of the sold goods is only transferred to the Customer after full payment of the price of the goods and any associated accessories. This article applies in every form of concurrency. The risks that the goods may incur are, however, the responsibility of the Customer as soon as they are made ready for collection.
   References regarding financing are only for informational purposes to ELDARCARS and do not constitute a suspensive condition under which the agreement would be concluded.
   
   
   
7. Payment
   
   ELDARCARS may not require the Consumer to make a deposit exceeding 15% of the vehicle's sales price. The full price/balance must be paid by bank transfer to ELDARCARS's account no later than the time the vehicle is delivered. In the absence of (timely) payment, a new delivery appointment will be scheduled at very short notice. If there is still a lack of (timely) payment, ELDARCARS may immediately terminate the agreement without owing any compensation to the Customer. The deposit paid remains payable in accordance with the provisions of Article 3. In the absence of (timely) payment, the Customer is automatically and without any detrimental acknowledgement liable to pay default interest of 8.5% as well as a fixed compensation of 10%, with a minimum of €150.00. This clause does not exclude additional compensation or costs (such as storage costs). Late payments will be applied first to the surcharges and then to the principal amount. Any objections to an invoice must be submitted by registered mail to ELDARCARS's registered office within eight days of receipt. For vehicle maintenance services, invoices must be paid by the due date.
   
   
   
8. Maintenance/repair 
   
   8.1. Performance
   ELDARCARS will carry out the maintenance/repair to the best of its ability and is therefore bound by a best efforts obligation. The specified completion time is purely indicative, subject to any mandatory legal provision. A delay in completion may result in cancellation of the maintenance/repair or any compensation. A replacement vehicle may be provided for a fee, but the Customer bears full responsibility for correctly informing their insurance company of this. Force majeure or unforeseeable circumstances beyond the control of ELDARCARS will suspend the completion time.
   
   8.2.Cancellation
   ELDARCARS reserves the right to cancel/stop maintenance/repairs, effective immediately and without notice of default or compensation, in the event of suspension of payments, bankruptcy (filing for bankruptcy), or liquidation or cessation of the Company's activities. This right applies mutatis mutandis to the Consumer's benefit.
   
   
   
9. Trade-in
   If the purchase order refers to the takeover of a vehicle belonging to the Customer, the takeover is subject to delivery of the vehicle being sold to the Customer, as well as proof that the Customer owns the vehicle to be taken over and can freely dispose of it. The Customer must therefore demonstrate that all obligations relating to any financing have been fulfilled and that the vehicle is not subject to any form of seizure. The Customer will indemnify ELDARCARS against this to the extent necessary. The value of the vehicle to be taken over, agreed upon upon signing the purchase order for the vehicle being sold to the Customer, is final provided that the condition of the vehicle at the time of delivery by the Customer matches the description stated on the purchase order or on a document that forms an integral part of this purchase order.
   
   
   
10. Documents
    
    In any case, with regard to the Consumer, a document with a descriptive condition of the vehicle will be attached to the order form.
    
    
    
11. Disputes 
    
    The invalidity of any provision (or part thereof) does not affect the validity of the remaining provisions (or parts thereof). The courts of the district where ELDARCARS's registered office is located have exclusive jurisdiction over disputes, except where otherwise provided. Belgian law applies in any case. The Vienna Sales Convention is expressly excluded.