General conditions

GENERAL TERMS AND CONDITIONS OF AND SALE

General

All offers, proposals and agreements which come between Boralit NV and the customer are subject to the present General terms and conditions of sale of Boralit nv. Other or conflicting conditions of the customer are held for non-written, except when they were accepted expressly and in writing by Boralit, and in which case they only apply to the agreement in subject. In no event shall the silence of Boralit nv be interpreted as an acceptance of other conditions.

These general terms and conditions of sale prevail over the usual purchase conditions of the buyer, even when these conditions of purchase were not expressly rejected.

These general terms and conditions of sale are available on the website of Boralit nv – www.boralit.com and can always be requested via mail or by phone (info@boralit.be – 09/ 375 11 11)

Placing an order, receipt of goods and services implies that the customer agrees to these general terms and conditions of sale.

Offer

All quotations and descriptions listed in any printing, connect in no way the NV Boralit. They serve for illustration purposes only and the Boralit NV reserves the right to, to make changes to the price, design, fixtures and equipment of the equipment and services offered for sale.

Offers shall only be binding if they are expressly accepted by the NV Boralit.

The execution of each contract is limited to the expressly mentioned material and/or service.

Extra or additional deliveries/services are subject of a separate agreement.

Order

An order is only valid if the customer has given his agreement on the order confirmation of Boralit nv, via expressly signature and return of the order confirmation to Boralit nv.

Without further notice within 24 hours, the order confirmation is final.

If the order and/or the order confirmation is made by electronic means and/or fax, the customer is fully bound.

Sizing

The sizing of rainwater tanks, wastewater treatments, grease and hydrocarbon separators and pumping stations happens:

either on the basis of data of the customer. These data are binding;
either by concerns and for responsibility of the customer.

In all cases where the sizing is done on the basis of data of the customer and/or by concerns and for responsibility of the customer, Boralit can not be held liable if this sizing is inconsistent with the reality.

Cancellation

5.1. Order of goods

                * Cancellation before delivery

In any case of cancellation of the order (except in cases of force majeure) by the customer, the customer is liable to pay compensation to a flat-rate amount of 30% of the value of the order, without prejudice to the possibility for Boralit nv to prove and recover a higher compensation.

*Cancellation after delivery

In each case of cancellation after delivery (except in cases of force majeure) by the customer, the customer is liable to pay compensation to a flat-rate amount of 30% of the value of the order, without prejudice to the possibility for Boralit nv to prove and recover a higher compensation.

The customer is responsible for the transport costs in the context of a cancellation after delivery.

5.2. intervention or maintenance command

In the event of a late cancellation of an intervention or maintenance or in case of unavailability of the intervention or maintenance command due to the negligence or fault of the customer, the customer is responsible for the cost.

The reimbursement of the costs for intervention or maintenance contract is in accordance with the prevailing rates of Boralit nv (  € 39/hour excl VAT / person (working hours and travel time) and € 0,49/km (travel expenses) – rate 2014).

These rates Boralit SA reserves the right to adjust, if necessary, one-sided and informs the customer about this.

Delivery and risk

Each delivery will be made as soon as possible. Delivery and ewecution times have an indicative character and do not connect Boralit NV.

Subject to written agreement may delay in delivery, do not give rise to cancellation or to claim any compensation.

If the client-buyer provides for the carriage, any risk of sold goods and to deliver falls at the expense of the buyer, from leaving the depots of NV Boralit. In the case of Boralit nv organises transport, even for the account of the client,  is the risk of the goods for the seller, until the goods have reached their destination (according to order confirmation); from that time the risk for the buyer.

If the customer would pick up these goods, then the risk is for the customer as soon as the goods are picked up. In case of pick up by the customer, the customer is responsible for the proper fastening of the goods.

The buyer is always responsible for the unloading of the goods at the place of destination, cost and risk with regard to the customer. The above-mentioned unloading of the goods should be immediately after arrival of the goods at the place of destination, and in the absence of which the seller is entitled to the goods to leave to load there, cost and risk are at the expense of the buyer.

If the unloading should be done with a portable forklift, through external intervention, or other specific material is required, this is passed on to the customer. Also all extra charges in the context of the delivery, be passed on to the customer.

The fee for the use of a portable forklift is € 20/excl VAT for one unloading point.

The supplement for delivery on a building site, namely delivery by order of the client on a building site, is € 25 / excl btw for one site.

Waiting times of more than 15 minutes will be charged at 40 euro/hour.

These rates are the current rates per 2014 and may, if necessary,  be modified one-sided by Boralit nv. Boralit nv informs the customer about this.

Complaints concerning the delivery/implementation must be within the 24 hours after the delivery/implementation addressed in writing and by registered letter to Boralit NV and in any case before any use, modification or repair takes place, this under penalty of loss of all claims.

Boralit SA reserves the right not to proceed with delivery of the goods and/or services, as long as not all prior and already expired invoices are paid in full.

Research and designs

All how also called studies, designs, specifications, plans or documentation provided by the NV Boralit, continue its full property and must be returned upon request. In no case shall those documents loaned to third parties or referred to in communication given.

Terms of payment

8.1. General

Subject to written agreement, the invoices are payable net cash without discount, at the registered office of the company. In no case payment shall take place in cash to a representative of Boralit NV or third parties.

In the event of withdrawal on the spot (Boralit nv) can be paid through pin.

Drawn and accepted bills of Exchange have never result in a notation. Bills of Exchange, promissory notes and cheques may be issued but should be drawn up to order and seat of the NV Boralit.

8.2 Pre payout and advanced payments

The first order by a new customer or when the last order is over 1 years old, is fully to pay forward by bank transfer. Only after receipt of the payment the production and/or delivery is scheduled.

Every intervention out of warranty and any intervention in the framework of a maintenance contract is paid in advance by bank transfer on the basis of the quotation. On the quotation are estimated working hours, travel time and travel expenses.

For rates: see article 5.2 of these general terms and conditions of sale.

The final invoicing follows on the basis of the subsequent calculation.

Replacement of parts and materials are always charged to the customer.

For orders of not standard products such as pumping stations, hydrocarbon separators with large flow rates is a deposit required, as follows: 40 % when ordering, 40 % for delivery and 20 % after delivery – 30 days invoice date.

8.3 Due date – Protest

Not pay on due date of the debt must be due without prior notice of all not yet aged accounts receivable with it. Any closed sales/deals may in this case by Boralit NV be considered as dissolved, with a fixed compensation of 20% at the expense of the buyer.

In case of non-payment on the due date, the unpaid portion of the exposure of Boralit NV legally and without proof of default interest on rate of the legal interest rate above the main refinancing operation-interest rate of the ECB, from the due date.

Likewise legally and without proof of default is a flat-rate compensation in the event of non-payment on due date, up to the amount of € 40 (excl VAT) for the recovery costs. For all other incurred costs, on top of this flat-rate amount, an advanced compensation of 20% on the payment amount is due.

In a reciprocal trade relationship, Boralit NV is entitled to all funds it has at any time by the customer to compensate with debts to the customer, even after confluence.

Protest against the invoices must be made within 8 days after the invoice date by registered mail.

Boralit NV reserves the right, to recover a prepayment or letter of guarantee.

Right of property – right of retention

By placing an order and making a purchase the buyer expressly acknowledges that by way of derogation from art 1583 of the civil code, the NV Boralit holds full ownership of the material sold until the sales price and any interest, benefits and costs are paid in full. Until that moment the buyer shall at that time maintained and ensure the equipment perfectly against all damages.

So if Boralit NV uses this take-back law, the agreement is automatically and legally deemed to be dissolved against the customer. In this case, the customer is liable to pay compensation anyway which flat-rate estimated at 20% of the value of the order, without prejudice to the right of Boralit NV to prove a higher damage and to be recovered. This amount is can be compensate with possibly give back fees.

Guarantee  - liability

10.1.The delivered merchandise is purchased by the buyer in the State in which it is in, what condition the buyer confirms, will the conclusion of the purchase contract to confess, approve and accept.

10.2. Visible defects must under penalty of loss of warranty, within 24 hours after the delivery/implementation and in any case for any use, , modification or repair takes place, be communicated by registered letter to Boralit NV.

Under penalty of loss of warranty, a hidden or possible defect should be communicated to Boralit NV, written and sent by registered mail within 3. The burden of proof lies with the customer.

10.3. The acceptance of the invoice and the use of the delivered goods and/or services does relieve Boralit NV in any case from any responsibility for visible defects.

10.4. Guarantees may only be given in writing, and must be interpreted restrictively. Guarantees are always just limited to replacement or repair of the delivered merchandise to the exclusion of costs or compensation for displacement, Assembly and consequences for third parties.

10.5. Damage during transport – Organization of the transport by Boralit nv

The goods must be checked for transport damage on delivery in the presence of the carrier. Also when the packaging is not damaged.

Visible damage must be mentioned on the Bill of loading and signed by the driver. Without this there can be no damage for the sake of transport claimed. The damage must be reported, under penalty of loss of guaranteed within 24 hours after delivery to Boralit nv.

10.6. The warranty is only valid at all proven manufacturing defects AND  to the extent that the placement requirements AND the user instructions were strictly followed.

10.7. Plaatsingsvoorschriften.

A. The installation requirements are part of the sale-purchase contract and are delivered and communicated to the customer on the basis of:

stickers with placement requirements on tank; and/or
Document with placement rules in the tank.

The client acknowledges to have received a copy of this and agrees.

The installation requirements should be read FIRST before placement and before commissioning.

In the event of loss by the customer of the installation requirements the customer must always query Boralit nv make for a new copy of the installation placement for its group or download the installation requirements from the website of Boralit nv (www.boralit.com)

B. Installation in particular.

The special provisions, per product group, are expressly included in the installation requirements;

A non compliant installation is the responsibility and under the risk of the customer.

Boralit nv may not be held responsible or liable in case of non compliant installation, according to the provisions of the installation requirements.

10.8.Warranty period.

The warranty is only valid when manufacturing defects are proven.

A / On all tanks applies a digressive warranty of 10 years. See also H below.

B/ On all the tanks Super Compact 5/3, the Super Compact 8/3, Super Compact 3 and the Super Compact 4 applies a digressive warranty of 25 years. See also H below.

C/ On the tank of the Adblue tank is a digressive warranty of 5 years. See also H below.

D/ The warranty on the housing of the single-walled aboveground Multi purpose storage tank is 2 years.

E/ The warranty on all electrical and mechanical parts is 2 years.

F/ The warranty period on a good has always the original invoice date as start date . The fact that the goods are repaired or replaced, dos not modifies the original initial term and duration of the guarantee period.

G/ In case of interventions by customer/owner on electrical components within the warranty period, as a result, any remaining warranty period will expire.

H/ After two years in case of replacement or repair a reducing balance depreciation taken into account because of the use of the good. The customer will pay a percentage of the intervention in the recovery/replacement cost.

For the warranty period of 10 years: Within two years, the warranty is 100%. After two years, there is a digressive warranty of 10%/year.

For the warranty period of 25 years: Within two years, the warranty is 100%. After two years, there is a digressive warranty of 4%/year.

For the warranty period of 5 years applies a digressive warranty after 2 years of 20% per year.

Werking

In een septische tank worden geloosde stoffen omgezet tot kleine deeltjes. Dit gebeurt enerzijds door oplossen en anderzijds door de zich vormende anaërobe bacteriën. Deze bacteriën, die in een zuurstofarm milieu leven, voeden zich deels met de afvalproducten en zetten deze om in gassen en bezinkbare deeltjes.

De gassen verdwijnen via de verluchtingsbuizen en de overblijvende vaste deeltjes zinken naar de bodem (waardoor men een septische tank af en toe moet ledigen). De kleinere zwevende deeltjes spoelen mee naar buiten, naar de riool of naar het waterzuiveringssysteem. De lichtere deeltjes komen boven drijven en vormen een korst. De onderliggende vloeistof wordt door de korst van de lucht afgesloten zodat er minder geur ontstaat en de bacteriën vlot hun werk kunnen doen..

Een septische tank moet voldoende groot zijn, zodat het geloosde water de tijd krijgt om op te lossen en door de bacteriën verteerd te worden. Dit komt overeen met een minimale verblijfsduur van 5 dagen. Tevens moet een septische put zodanig geconstrueerd zijn dat de uitgang van de put onder het vloeistofniveau staat. Om te voorkomen dat bij grotere toevoer de toekomende vloeistoffen direct uit de tank zouden vloeien, zonder dat de bacteriën hun werk hebben kunnen doen, is de ingang voorzien van een bocht. Tevens verhindert een indirecte instroom dat de luchtafsluitende korst mee wegspoelt. Om een goede werking te garanderen, mag er geen regenwater in de septische put komen.

Voordelen

De septische putten in polyethyleen hebben heel wat voordelen in vergelijking met deze in beton:

De installaties zijn eenvoudig te vervoeren en te plaatsen door het beperkte gewicht.
De tanks zijn corrosiebestendig.
De tanks zijn makkelijk te reinigen doordat er niets aan polyethyleen blijft kleven.
Polyethyleen is gegarandeerd waterdicht en er is geen mogelijkheid van doorgroeien van wortels en planten.
Polyethyleen is tot 100% recycleerbaar.
50 jaar garantie

Gamma

D10.9. The fuel tanks (with the exception of the Field masters) are equipped with an overfill protection.

Presence of fuel in the bund of the aboveground heating oil tanks as a result of not using the overfill protection, following the supply of the tank, falls outside the responsibility of Boralit nv.

All resulting damage and pollution is charged to the party that caused the damage.

Also if the overfill protection is gone, Boralit can not be held responsible and Boralit nv comes not between in any costs and/or fee.

10.10. Expiry of warranty

Every warranty does not cover:

- If the payment terms were not accurate respected;

- At non-compliance with the installation rules and/or instructions;

- In particular:

* Underground heating oil tanks: If tested with vacuum in stead of pressure – (danger of collapse and cracking).

* Water treatment plants: at the clearing and/or emptying at high level of groundwater and/or freezing temperatures; or wrong emptying/filling

* With each overfill of fuel oil tanks. The storage volume of heating tanks is not exceeded.

- With improper or incorrect use – use for an application other than these for which intended.

- intent or gross negligence.

- in case Boralit NV was not given an opportunity to examine the complaint and the possible repair of the defect

- If the client acts on its own initiative and investigation of the complaint is not (more) possible.

- If the client changes and/or make repairs on its own initiative.

- In case of force majeure.

- at wrong manipulation of the installation/tank.

Applicable law – legal capacity

The Belgian law is applicable to this contract. For any dispute between both parties the buyer recognizes the exclusive jurisdiction of the courts of Ghent. Boralit NV reserves however the right for, to bring the dispute before any competent court in Belgium or abroad.