General terms and conditions of M1glio
Introduction
General terms and conditions are binding between buyer and seller to the extent not otherwise agreed in writing. With respect to orders to which these general terms and conditions of sale apply in whole or in part, the buyer’s general terms and conditions shall cease to apply. Subjects not described in these terms and conditions are governed by generally accepted rules of law under Belgian law.
Orders
An order is considered accepted only when confirmed by letter or fax by Miglio international BV An order accepted by us cannot be cancelled without our express and written consent. Agreements made are personal and may be transferred only by mutual agreement. Modification or cancellation by the customer of an order of a standard article can only be done with the assumption by the buyer of all costs resulting from the modification/cancellation. These are estimated at 10 to 100 percent of the value of the goods ordered if cancellation occurs. A custom or non-standard color order placed by the customer cannot be cancelled or changed.
Delivery times
Stated delivery times are indicative. Unless otherwise agreed in writing, Miglio international BV is not responsible and is not guilty of breach of contract if there is a delay in delivery. Miglio international BV can also not be held liable if it is unable to fulfill its obligations with respect to the delivery of goods or services, if the non-delivery is a result of circumstances beyond the direct control of Miglio international BV
Wars, strikes, lockouts, inclement weather and all causes which prevent the receipt of raw materials, fuels and other sources of energy, or interfere with the normal production or transportation of the goods, and generally all causes independent of our will shall be considered at least, but not exclusively, force majeure and relieve the Miglio international BV from any responsibility, even if it was stipulated that delivery deadlines are binding. They may not be invoked by the buyer to claim damages. In all these cases, the Miglio international BV reserves the right to postpone delivery or even cancel the contract.
The prize
Unless expressly stated otherwise, our prices are exclusive of V.A.T. Products are invoiced at prices and exchange rates valid on the day of delivery, unless otherwise agreed in writing.
The price comparisons
The prices that Miglio international BV indicates in various price lists vary according to the region where the order was placed and is to be delivered. Prices vary due to differences in trade practices, transportation costs and taxes, etc. An order will always be executed according to the conditions and prices indicated in the price list related to the location of the customer’s headquarters, unless otherwise agreed in writing.
The price quotes
Prices quoted in quotations shall be binding only if confirmed in writing by the Sales Director or his designee. Otherwise, they are for information purposes only. The prices and other conditions stated in the quotations shall apply only to the orders related to the quotation placed within a maximum period of four (4) months from the quotation date, unless otherwise stated.
Payment
Invoices are payable to our company or to one of our bank accounts , as described on the order form. When delivery is made in two or more parts, each part shall be invoiced and paid for separately. The seller is willing to grant a payment discount only if payment is received within ten days of the invoice date. If the aforementioned ten-day period is exceeded, any payment discount will be forfeited. Any unpaid invoice shall be increased from its due date, by operation of law and without notice, by interest at the reference interest rate increased by 7 percentage points and rounded up to the higher half percentage point (art. 5 W. 02/08/2002). Moreover, any unpaid invoice will be increased by right and without notice by a fixed compensation in the amount of 10% of the outstanding invoice amount, unless the actual recovery costs – including the costs of legal assistance – would be higher (art. 6 W. 02/08/2002). The absence of payment on the due date also gives the seller the right to terminate the current agreements both for the goods still to be delivered and those already delivered, and this without any formality and without the buyer being entitled to any compensation. No complaint of any kind, even if the complaint would be considered by us and / or justified, releases the buyer from the obligation to respect the due dates.
Retention of title
The goods delivered to the Buyer shall not pass into the Buyer’s ownership until the Buyer has paid the purchase price owed for them in full and also owes nothing more to the Seller on any other account. The buyer is not entitled to transfer ownership of goods, which are still the seller’s property pursuant to the above-mentioned retention of title, to third parties other than for their normal use, or to grant lien or any other privilege, guarantee or security right in the broadest sense of the word to third parties through any agreement or action.
Product Changes
We reserve the right to make limited (slight) changes to our products at any time, even after ordering, in order to make any desirable improvements for the benefit of the buyer. Even for sales “on model” this connects Miglio international BV not to absolutely identical delivery.
Supply risks
All risks to which the merchandise would be exposed are borne by the buyer as soon as the goods are delivered to him. The goods are delivered by the Miglio international BV forwarding services inspected and placed on transport in perfect condition. Our carrier is responsible for any damage caused during transport and delivery. Visibly damaged goods must be reported immediately on the delivery note, or via email to info@m1glio.com, within forty-eight hours of delivery, with mandatory reference to delivery or order form.
Deferred deliveries
If the delivery of products ordered by the buyer is delayed or placed on call, Miglio retains international BV reserves the right, after the expiration of three months, either to demand immediate acceptance of the products and payment of the purchase price, at the price valid on the day of delivery, or to cancel the purchase agreement. This may be the Miglio international BV without the need for a reminder and without prejudice to the right to claim damages or interest from the buyer.
Complaints
Complaints will only be accepted if they are reported in writing to the seller via letter, e-mail address aftersales@m1glio.com within eight days of delivery and if this written communication is accompanied by order or invoice number and date, and a clear description of the complaint, preferably accompanied by photos.
Return
Correctly executed orders are handled by Miglio international BV not returned. Returns can only be accepted after prior consultation with express written approval by our commercial department (please contact info@m1glio.com for a return shipment). A request for return must always include the order – or invoice number and date. Credit can only be issued if the goods have been returned to us undamaged, in their original packaging and completely suitable for sale. The seller always has the right to charge transportation, handling and administrative costs.
Guarantee
The by Miglio international BV warranty given varies from product to product. The circumstances and duration of the guarantees are listed in the various catalogs.
When items are defective or damaged within these provisions, Miglio international BV the problem. To do this, contact Miglio international BV, info@m1glio.com . In the event of pre-sale, the buyer undertakes to make our general and special warranty conditions opposable to his own customer. In any case the buyer agrees to indemnify us for all consequences of claims which may be directed against us by his customer and which would exceed the limits of the claims which the buyer himself could have asserted against us.
Disputes
Only the courts of the district of Hasselt will have jurisdiction to settle any disputes that may arise between Miglio international BV and its customers. When she deems it necessary, Miglio can international BV shall nonetheless sue its debtors before the competent courts of their domicile or of the place in Belgium or abroad where their main establishment is located.
Deviations in general terms and conditions
Any deviation from the present general conditions of sale is strictly limited to the contract that gave rise to it; it can never constitute a precedent.
