Sales Condition
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General Conditions of Sale
1. General provisionsprovisions
Every purchaser who places an order is deemed to be aware of our generalconditions of sale and to adhere to them completely and in full. Unless thesupplier signs a written dispensation, these conditions shall govern thecontractual relations between the parties, even if our clients’ generalconditions stipulate otherwise.
2. Offers and Orders
Our sales offers are understood to be free of obligation. Our sales prices arethe prices in force on the date of delivery. Orders shall not become definitiveuntil confirmed in writing.
3. .Deliveries and complaints
Goods shall be delivered and approved at the operations site at Louvain-LaNeuve. They shall be shipped at the expense and risk of the purchaser. Thepurchaser shall be deemed to have verified the contents of the packagesbefore signing for receipt. Unless otherwise agreed in writing and signed bythe parties, the INCOTERM “ex works” will apply. Any complaint must be sentto us by registered letter within 96 hours of delivery of the goods, otherwisethe complaint will be void. After this period has passed, the goods deliveredand the invoice relating thereto shall be deemed to have been accepted bythe purchaser. No return of goods shall be accepted without our prior writtenconsent. All defective items shall be replaced or repaired if covered by aguarantee, but no compensation shall be granted in this respect. The lodgingof a claim for any reason shall not confer upon the purchaser the right tosuspend or withhold payment of invoices due, even in part.
4. Payments
Unless the invoice specifically stipulates otherwise, all payments shall bemade in cash on receipt of the goods, at our company’s head office or to thefinancial institution mentioned on the invoice. This condition shall not preventa draft being drawn on the purchaser. Goods invoiced shall remain ourproperty until the invoice is paid in full. In addition, the purchaser shallundertake not to part with the goods until they have been paid in full. Allinvoices not settled by their due date shall give rise to the payment, ipso jureand without prior demand, to conventional delay interest at the rate fixed bythe law of the 2th of August 2002 regarding late payment in commercialtransactions plus 2% with a minimum of 10% per year on the one hand andto a fixed, irreducible penalty representing 10% of the total value of theinvoice, the minimum being EUR 125.00, by way of damages on the otherhand. In addition, failure to settle an invoice by the due date shall render thebalance payable on all other invoices, even those not yet due, payableimmediately.
5. Termination of contract
If the purchaser fails to fulfil one of its obligations, or a charge of distraint ismade against it, or the purchaser refuses to supply sufficient guarantees, orit is subject to a winding-up order, bankruptcy petition or compulsoryliquidation process, we reserve the right to terminate the contract by meansof a registered letter. In the above-mentioned circumstances of termination,or in all other instances in which the contract is terminated in disfavour ofthe purchaser, the purchaser shall be required to return the goods alreadydelivered but not yet paid for in full on one hand, and to pay a fixedcompensation corresponding to 25% of the total value of the invoice on theother hand, without prejudice to any other damage that may be payable.
6. Applicable law and Competent Jurisdiction
All disputes between the Supplier and his purchaser shall be governed by Belgian law and shall fall exclusively within the scope of competence of theJ udicial District of Walloon Brabant (Belgium). If the client has his head office or residence outside Belgium, Icoms Detections reserve the right to sue the client before the competent courts in accordance with the common rules regarding competent jurisdiction.
WARRANTY POLICY, REPAIR AND AFTER-SALE SERVICE
1. Icoms Detections warrants that the products delivered are free frommanufacturing defects, within the framework of normal use of theappliances, for a period of two (2) years from the date of departure of theIcoms workshops, with the exception of the batteries (if applicable) forwhich a six (6) month warranty applies.
2. If a product has a malfunction during the warranty period, IcomsDetections will, on its own initiative, make the decision to either repair thedefective unit, or deliver to the purchaser an equivalent product or acomponent to replace the defective component. All replaced productsbecome the property of Icoms Detections.
3. The defective product must be returned to Icoms Detections within thewarranty period, at the purchaser's expense, insured and packaged in itsoriginal or similar carton in order to avoid any damage during transport. Itmust be accompanied by the necessary documents (please request anRMA return number beforehand), explicitly detailing the nature of thedefect encountered.
4. Icoms Detections will not assume any responsibility for defects resultingfrom normal wear and tear of the equipment, voluntary degradation,neglect, damage due to improper packaging, improper use, failure tocomply with the instructions for use or instructions given (whether orally orin writing), modifications or repairs made without the consent of IcomsDetections.
5. The warranty on repairs performed is six (6) months.
6. Repairing a product does not prolong the duration of the warranty.
7. The warranty does not apply to products entered in the shop undercover of the warranty and on which no defects can be found. The labor, thecost of taking over and return transportation will be charged to thecustomer. The same is the case if the fault is the discharge of the battery.
8. If the product is not covered by the warranty, a repair estimate will bemade. The administrative cost is EUR 80 per unit. This cost will be deducted from the invoice if the quotation is accepted by the customer. Theadministrative cost will be due if the quotation is refused and if thecustomer wants to recover the non-functional material, in which caseshipping costs will be charged.
9. The equipment for which a quotation has been prepared will be kept inour workshops until agreement from the customer in the form of a purchaseorder. The time to accept the quotation is maximum three (3) months afterwhich custody rights will be charged to the customer. The maximum periodof custody is Six (6) Month after the product arrives at the supplier. Afterthis time, we will be able to dispose of the equipment.
Limitation of Liability
The liability of Icoms Detections is limited to repairing defects or replacingthe product during the warranty period including transport costs for repair orreplacement if the warranty claim has been accepted. Costs of deinstallation or installation are always at the expense of the customer.
To the fullest extent permitted by law, Icoms Detections will not be liable forany indirect, incidental, special or consequential damages (including lostprofits, lost data or loss of use) of the customer or its clients arising out ofany product or service provided under this agreement.
Icoms Detections is never liable in case the operation of the product is limitedor prevented by its installation, its housing or if it is used in combination withsoftware or hardware from third parties.
In case of liability of Icoms Detections, its liability is limited to 25% of theinvoice amount, VAT excluded.
Privacy Policy
I. General provisions
ICOMS DETECTIONS respects and protects your privacy and respects all theprovisions of de General Data Protection Regulation 2016/679 coming intoeffect on the 25th of May 2018. This privacy policy specifies how and to whichends Icoms Detections collects and uses your personal data and inform youabout the process if you wish to access/ verify your personal data that IcomsDetections has recorded. This policy clarifies also how you can ask for acorrection or a removal of the files of Icoms Detections.
II. Identity of the Data Protection Officer
The DPO is:
ICOMS DETECTIONS S.A. (Avenue Albert Einstein 11B, 1348Louvain-la-Neuve – Belgium) ;
Person of contact : Alberto BONAMICO ;phone number : +32 10 45 41 02;
email: info@icomsdetections.com
III. Identity of the Data Protection Deputy
The DPD is Alberto BONAMICO.
IV. Collected data by ICOMS DETECTIONS
ICOMS DETECTIONS records the personal data of her clients, particularly incase of request of an estimate, an order/ buying.
Generally, your name, address, company or organisation, your phone numberand/or email, your language and your function will by recorded.
V. Access, correction and removal of your personal data
Your consent is systematically obtained by your subscription to the generalterms of our company and more specifically to our privacy policy.
Notwithstanding this consent, you can at any moment:
1. Access your personal data to correct them;
2. Ask us to correct or update them;
3. Ask us to limit their treatment (to prevent the treatment of sensible datarelated to health, genetic or biometric);
4. Counter the treatment, even for direct marketing;
5. Ask us to remove your personal data from our files.
To this end, you can contact ICOMS DETECTIONS:
ICOMS DETECTIONS
Address : Avenue Albert Einstein 11B, 1348 Louvain-la-Neuve – Belgium
Person of contact : Alberto BONAMICO ;
phone number : +32 10 45 41 02;
email: info-belgium@quarterhill.com
BCE: 0451.864.602
VI. Finality of the treatment: the goal of the collection of your personal dataand the use that is made of it by ICOMS DETECTIONS – Duration ofconservation of your personal data.
The collection of the personal data of our clients is needed to the good execution of our contracts with our clients or our suppliers, and to our legitimate business interests.
It’s indeed essential to know the people with whom we are working with and who we trust to answer their demands, to keep them informed about our activities, products and services, to correspond with them, to identify them more easily during their next visit on the website of Icoms Detections, toestablish statistics and to proceed to communication in order to improve ourcustomer services.
The data is only destined to Icoms Detections. It will not be given away, unless to be treated or preserve by a subcontractor, always in our own interest. Except the case of storage, we don’t have the intention to transferthe personal date to countries outside the European Economic Area.
VII. Information put automatically on your hard drive (cookies)
A “cookie” is a file send by an internet server who registers itself on the harddrive of your computer. He keeps a trace of the visited website and keepsinformation about this visit.
During your visit on the website of Icoms Detections, in case of any requestfor an estimate or any online or on paper subscription and during your identification through a registration form, Icoms Detections can storeinformation on your computer under the form of a cookie. This information allows us to offer a better service through the knowledge of your languageand have as unique goal to identify your more easily during your next visits on our website.
You can, on most of the internet navigators, delete the cookies on your harddrive, block them or ask that we notify you their presence before that they are memorised. To know more about it, consult the instructions displayed onthe information screen of your navigator.
VIII. Complaints
Complaints that ICOMS DETECTIONS won’t be able to solve by itself can betransferred to the control-authority, like the “Autorité de la Protection desdonnées en Belgique” (rue de la Presse 35, 1000 Brussels – phone number:+32 (0)2.247.48.00; fax +32 (0)2.247.48.35: email: contact@apd-gba.be;www.autoriteprotectiondonnees.be