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Welcome to CAIROX BELGIUM
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Between:


CAIROX BELGIUM NV, with registered office in 1930 Zaventem, Hoogstraat 180, with enterprise number BE 0451.428.496, hereinafter referred to as “the vendor”


And:


The customers of the above mentioned company, hereinafter referred to as “the buyer”

A. General


All data and prices given in our price lists, folders, website, webshop, datasheets, quotations or any other means, are only for your information. We reserve ourselves the right to modify the prices and specifications of the products without any prior notice. The buyer is supposed to have read our general sales conditions and to agree with these general sales conditions on the moment of ordering.


All prices indicated in the price lists, webshop, quotations, and so on, given by phone and written – are excluding VAT and if applicable, excluding Recupel costs. Both VAT and Recupel costs will be calculated according to the applicable percentage and/or rates. Amendments of this will be charged without any prior notice to the buyer.


For orders with a nett value of less than € 50,00 an administrative cost of € 5,00 (VAT not included) will be charged . This administrative cost will be cancelled in case of digital invoicing.


The acceptance of an order by the seller cannot be regarded as the acceptance of the purchase conditions of the buyer, unless confirmed in writing by the seller.


Orders placed through our webshop always have to be confirmed by our administration. The stock indications and the calculated prices are only an indication and have no binding character.


The vendor does not sell to private parties nor to its customer’s employees.


The vendor sells to licensed installers and professional dealers only in order to guarantee that the materials are being installed and dismantled in accordance with the applicable legislation.

The vendor reserves himself the right to refuse selling to buyers who cannot adequately prove that the purchased materials will be installed and maintained by personnel and/or subcontractors with the required certificates and/or qualifications.


Orders have to be confirmed in writing (mentioning VAT number and contact person), either through a purchase order or through e-shop. When using the webshop, the buyer is responsible for the management of the users, the granted user rights and passwords via the appropriate tool in the webshop.


Information given by telephone is purely informative and has no binding character.

B. Acceptance


The reception of our goods by the buyer is legally to be effected in our warehouses.


The pick-up of the goods by the buyer implies their legal acceptance.


Every complaint about visible damage, that is not mentioned on the transport document (or, if the latter is not available, on the shipping note) and not co-signed by the transporter, will not be accepted. Any product missing or damaged on delivery must be communicated by email to the Customer Service of CAIROX BELGIUM (customer-service@cairox.be).


Any invisible damage must be reported in writing within 48 hours after delivery, and if necessary accompanied by a digital photo. No complaints will be accepted after this period of time.


Subject to the prior and written agreement of the seller, the fact that the buyer entrusts the seller with an order, work or service will mean that he accepts all the terms and conditions of sale. The general conditions of sale on the pieces of the buyer are not opposable to us. The general purchase conditions of the buyer do not apply, unless the seller sends a written agreement with his consent. The acceptance of purchase orders or the sending of an order confirmation implies in no way that the seller accepts the purchase conditions of the buyer.

C. Warranties


If the delivered goods are not conform and aif they are legally refused, we reserve ourselves the right to replace them without any further obligation. In this case the buyer cannot claim the cancelling of the order, the refund of the advanced payments, nor the payment of a compensation, for any reason whatsoever.

The buyer cannot claim deduction of payments to serve the purpose of a warranty or under any other condition whatsoever.

Only appliances or products that have been regularly maintained and installed under the conditions for which they are intended are eligible for a warranty claim.


Our warranties only cover the delivery of spare parts for replacement of parts for which a manufacturing defect or an inherent defect is recognized. The dismounting, transport, remounting and all other related costs, as well as the possibly caused damage, is at the customer’s expense.


Components that are subject to normal wear are not covered by warranty (e.g. filters, belts, contactors, steam cilinders,...)

Except for explicit derogation, the warranty is valid for 24 months starting from the date of delivery (after acceptance by our Technical Department).


Derogations on this warranty period :


  • There is a 5-year warranty -starting from the date of invoicing- for Fujitsu products and Auer heat pump boilers, valid on the condition that a maintenance contract has been signed, including at least one maintenance per year, with a recognized installer for all devices, and this starting from the commissioning date.

  • There is a 5-year warranty – starting from the date of invoicing – for Belimo and Brink products.

  • There is a 3-year warranty – starting from the date of invoicing – for Salda and Cairox products.


In case of malfunctions – whether or not under warranty – the customer sends the goods to the vendor at the customer’s expense.


For every warranty request, the following elements are to be mentioned:

  • Date of request, customer name and invoice number.

  • Extensive description of the product and the malfunctions for which a warranty claim is being requested.

  • Warranty requests for devices with a warranty period of more than 2 years should always be accompanied by the signed maintenance contract and a copy of the maintenance book starting from the date of installation until the date of the warranty request.


The vendor can decide autonomously if the goods need to be repaired or replaced.


In case the warranty claim is accepted, the vendor will send the goods free of charge back to the customer, in the territory of Belgium and the Grand Duchy of Luxembourg.


The warranty claims that have not been accepted will stay at the disposal of the customer for 14 days. After this period of 14 days, the goods will be recycled.


The vendor reserves himself the right to change the procedure of warranty request.

D. Working hours and travel costs


For repairs without warranty, an hourly rate of € 75,00 will be charged, starting from departure in Zaventem until arrival back in Zaventem. The travel costs are € 0,75/km. We reserve ourselves the right to modify these prices according to the current indexation and market prices without any prior notice.


The vendor reserves himself the right to check the proper installation, usage and maintenance of the unit. In case of deviation, the warranty can be refused.


Assistance for start-up: Unless otherwise stated in sellers quotation, each intervention shall be subject to a charge of € 400,00 for 2 (two) hours on site, € 475,00 for 3 (three) hours on site and € 550,00 for 4 (four) hours on site. The vendor is not responsible for the installation and cannot be held responsible for any damage due to an incorrect installation in any way whatsoever. In case the unit is not ready for start-up, travel expenses will be charged (work hours and travel hours and costs for all technicians).

If the application for intervention is canceled the day before or the day itself, a fixed amount of € 250,00 will be charged.


All interventions of our technicians require the presence of the installer to guarantee the security and avoid disputes.


Conditions for start-up assistance are available on our website or simply upon request.


The prices and conditions mentioned here above are only valid for the territory of Belgium and the Grand Duchy of Luxembourg.


Material handling costs, such as hiring of ladders, scissor lifts, etc., that are required for handling and security measures, are on behalf of the customer.

E. Delivery terms, changes and cancellations of orders


The delivery terms are only an indication. Delays in delivery, due to any reason of any kind, can neither give cause for the cancellation of the order nor for the payment of any penalty or compensation.

The vendor cannot be held responsible in cases of force majeure or incidents that obstruct the normal delivery of the order. The vendor reserves himself the right to suspend or to cancel, partially or completely, the implementation of the contract, without any consequences resulting in any kind of compensation on behalf of the vendor, or resulting in non-payment of the already delivered goods.


  • All modifications or cancellations of an order are to be announced in written and will only be accepted after agreement in written by the vendor.
  • If an order is changed or cancelled before the production has started or before delivery, an administrative fee of 10% of the order value (with a minimum of € 30,00 net) will be charged.

  • If an order is changed or cancelled after the production has started, the cancellation will only be accepted if the production can still be stopped. The existing production costs and the raw materials’ cost will be charged and increased with the administrative fee of € 30,00 net.

  • Orders that are already prepared for collection must be collected up within 2 weeks, otherwise an administrative fee of € 30,00 nett will be charged.

  • Orders with delivery on call will be kept available for a maximum of three months. After this period, € 6.00 (excl. VAT) will be charged per square meter, per started month, and the goods will be invoiced, after which the payment term starts to run.


The vendor delivers quality products in the best possible conditions. In order to guaranty the quality of the delivered goods and to avoid needless administration, transport and warehouse costs, we ask you to carefully revise your order. Sold products can only be taken back after a prior and written agreement of the vendor, stating that the goods need to be in a flawless state and in their original package. The invoice number orn shipping note number must be mentioned on the application for return and a copy of the purchase order must be attached, otherwise the application for return will be refused.


For each return and/or exchange, a return fee will be charged to cover the administration and logistic costs. These costs are € 30,00 for a maximum of 3 article lines, plus € 10,00 per additional line. For a return, only a maximum of 15 lines are taken into account. The transport of the returned goods has to be organized and paid by the customer. In case the goods were sent carriage-paid to the customer, these costs will also be deducted from the credit note.


The vendor has the right to refuse the returned goods after inspection, or in case the goods were not accompanied by the required written approvals. In this case, the customer will be granted two weeks to recollect the goods. If the goods are not collected within this period, the goods will be recycled.


Return of goods will only be accepted within 2 months after the delivery date . Non-stock products, such as spiral ducts and fittings for example, are not taken back.

F. Prices and quotations


The selling prices are based on market information and raw material prices at the moment of issuing our price list. In case of unforeseen economic situations, our prices might be revised. Unless specified otherwise, our quotations are valid for 1 month. When offer period is expired all price agreements need to be discussed and approved again by the vendor.


Our quotations, plans and concepts remain our property and cannot be transferred to third parties.


All prices are VAT exlusive and ex works.


The customer is responsible for examining the feasibility of the proposed concept and the amount of parts needed. Possible surpluses are subject to the normal return conditions, as mentioned above.

G. Transport


Shipments with a minimum value of € 500 VAT excl. are delivered carriage-paid, within the territory of Belgium and the Grand Duchy of Luxembourg. This threshold can be modified at all times, without prior notice and without any motivation. Despite the carriage-paid delivery, every delivery of the goods, failed due to the customer’s absence, will be invoiced at the rate of the effective transport cost. In order to avoid this charge, the vendor has to be informed by written about the opening hours and closing days.


For shipments with a value under the threshold of € 500 VAT excl., a transport cost of € 30 will be charged per delivery and per partial delivery on the customer’s request. We reserve ourselves the right to modify these prices according to the current indexation and market prices without any prior notice.


The risks and perils of the transport are at the customer’s expense, even in case of a carriage-paid delivery. The unloading of the goods is done by the transporter unto the ground floor and unto 1 meter behind the boardwalk. Additional removal is always done with the customer’s help and at his own full risk.


Except otherwise agreed with the vendor, every delivery and transport outside of Belgium and the Grand Duchy of Luxembourg is Ex-Works Zaventem, Belgium and at the customer’s expense.


Wrong deliveries cannot lead to any warranty claims.

H. Invoicing and payment conditions


Our invoices are drawn up after the goods have left our warehouse, thus implying that the invoicing date of the ordered goods is determined by the departure date of these goods.


All our invoices are to be paid immediately. In case of acceptance of the credit insurance company, a payment term of 30 days end of month can be granted. Goods that are being picked-up are to be paid by bank or credit card. For safety reasons, no cheques or cash payments can be accepted.


The vendor always reserves himself the right to review the payment terms without the obligation of specifying any arguments.


Except if indicated otherwise by written, all invoices are to be paid at the latest on the expiration date mentioned on the invoice. We reserve ourselves the right to ask an advanced payment when ordering non-standard products and/or when the buyer is considered insufficiently creditworthy.


For all amounts that remain unpaid on its expiration date, an interest of 8% will be calculated legally and without any formal notice on the total amount of the invoice reduced by the advanced payments.


In case of non-payment on the expiration date, we reserve ourselves the right to increase the amount of the invoice with 10%, with a minimum charge of € 50,00 per invoice (VAT excl.).

In case of non-payment on the expiration date of an invoice, we reserves ourselves the right to claim all other – even non-due – invoices with immediate effect.


If the buyer fails to fulfil his commitments, the sale can be cancelled by right and without proof of default, without prejudice to our rights to all compensations and interests. The expression of will per prior notice by registered post from the vendor’s side is sufficient for this purpose.


Apart from the risk of a buyer, considering delivered goods, we maintain our right of ownership of the goods, until full amount and extra costs, if any, has/have been paid to the buyer. The paid advances can be kept in our possession as a compensation in case of possible losses in resale.


The drawing and/or acceptance of a bill of exchange or other negotiable documents shall neither imply a novation of debt nor a modification of the present sales conditions.


In case of disputes, only the court in Brussels or courts in the jurisdiction at the buyer's domicile, to be chosen by us, are competent


If in our opinion there is a deterioration in the creditworthiness of the buyer on account of measures of judicial execution against the buyer and/or other negative demonstrable events, which compromise or could compromise the seller’s confidence in the client’s proper performance of his obligations, we reserve ourselves the right to cancel the order entirely or partially, even if the goods have already been – possibly partially – delivered.

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