2. What and why we process data
3. With whom do we share data?
We do not send your personal data to third persons in a way that you can be identified without your express permission to do so if this is not necessary to provide the Services. We can rely on external processors to offer the Website and/or Services to you. We ensure that third-party processors may only process your personal data on our behalf and pursuant to our written instructions. We guarantee that all external processors are selected with the necessary care, so that we can rest assured of the security and integrity of your personal data. We can transmit anonymised and/or aggregated data to other organisations that can use these data to improve products and services, and to organise bespoke marketing, presentation and the sale of products and services.
4. Where we process data
We and our external processors will only process your identifiable personal data in the EEA. We can transfer our anonymised and/or aggregated data to organisations outside the EEA. If such transfer is made, we shall ensure that there are appropriate guarantees to warrant the security and integrity of your personal data, and that all personal data rights that you might enjoy under applicable mandatory law are guaranteed. A transfer to outside the EEA will take place via the following organisation.
- Google Analytics – USA (standard contractual clauses)
- Facebook – USA (standard contractual clauses)
- LinkedIn – USA (standard contractual clauses)
GENERAL SALES CONDITIONS
COMPOSITION OF THE CONTRACT
An order may only be regarded as accepted if it is the subject of a written confirmation from us. Any verbal commitment as well as any deviation from these terms and conditions of sale are only valid after written confirmation.
Our material prices are calculated net, exclusive of VAT, ex our warehouses.
Our quotations are valid for the specified duration (option); after this period they will be bound by a separate written confirmation. The notion of option does not exclude the formula of price revision, mentioned in the paragraph “Price revision”.
Our prices are determined taking into account known elements, such as the exchange rate of raw materials, wages, social charges, taxes, import duties, exchange rate, etc. … in Belgium and abroad. Apart from the notion of option, we reserve the right to revise our prices at any time to reflect any fluctuations in any of these elements.
TERMS OF PAYMENT
All payments are made to our bank account in accordance with the methods specified in the sales confirmation and without discount. We only accept discounts if they have been approved by us in writing. Any late payment will be increased, without prior notice, with the interest of the National Bank of Belgium increased by 2% per month. In addition, every reminder, collection and correspondence costs, etc. will be charged.
The delivery times start to run from the date of confirmation of the sale. They are determined in good faith on the basis of the usual delivery times of suppliers and the possible deployment of personnel. The delivery times are also conditional on the observance of the customer’s obligations, such as payment of the advance, approval of plans, final technical data, provision of documents. Unless agreed in our sales confirmation, we refuse the cancellation of the order or the penalties for late delivery.
CAUSES FOR WAIVER
In all cases of force majeure which may disrupt the normal execution of a sale, we reserve the right only to amend the clauses of the contract.
DELIVERY – SHIPPING
The goods are delivered at the risk of the customer or the consignee on departure from our warehouses and workshops, or from those of our suppliers, even in the case of postage paid. The shipment is made to the best of our ability without guarantee that this will be done under the cheapest conditions. We reserve the right to deliver and invoice the equipment in multiple instalments. When the buyer comes to collect the goods, he undertakes to carry out this collection within 8 days after they have been made available. If shipment or collection are delayed for any reason beyond our control, the goods will be kept and preserved if necessary at the expense and risk of the purchaser.
Neither the packaging nor additional protective measures deemed necessary by us are included in the price of the delivery. They will be charged at the best possible price. The packaging and other protective equipment will only be taken back by us if this has been agreed in advance.
Every service provided by the customer (assembly, tests, repairs, maintenance, training, etc..) is the subject of either a lump sum or a settlement according to the unit rates stated in the offer. When the customer calls on our staff, it is assumed that they can work without hindrance or delay. The works are carried out on a lump-sum basis or on the basis of unit rates; possible
waiting times and changeover times are invoiced on the basis of the same unit rates. In addition to the normal tools with which our staff is equipped, the customer must make everything necessary available free of charge
is to be able to complete the works (move force, air pressure, welding stations, lifting equipment, scaffolding, etc. …). If the customer makes personnel available, such personnel is assumed to be covered by the customer’s insurance policies. The customer bears full liability for its personnel.
ACCEPTANCE – RECEPTION
The customer must accept the material in our factories for delivery. From the moment of shipment, the material is deemed to have undergone a satisfactory quantitative and qualitative inspection by the customer. All costs of fees, tests or inspections by third parties or bodies are borne by the customer. We reserve the right to refuse some tests or disassembly that we consider abnormal.
STUDIES – DESIGNS – DRAWINGS – SPECIFICATIONS
The plans, schemes and designs submitted to customers remain our property and must be treated as confidential. The technical documentation is only used in the name of
information transferred. At the request of the customer, we can send him “certified certified” documents; costs arising from this may be charged to the customer, even if he has not given us an explicit assignment for this work.
INFRINGEMENT OF PATENT LEGISLATION
If a customer wishes to submit a request for a patent for a realization in which we have participated, he must inform us of this by registered letter and obtain our express permission for this. We can never be charged with any violation of patent law in this regard unless we are paid an agreed royalty for it. In the opposite case, no recourse from third parties can be invoked against us.
We guarantee the sold material against defects for a period of 12 months, starting from delivery. The buyer loses his right to warranty if he uses the material incorrectly during this period or if he makes changes to it without our written agreement. Our guarantee is limited to
the free replacement or repair in our workshops of the goods which are considered to be defective and which are returned free of charge. The guarantee only covers the possible replacement of defective parts in our factories; the performance outside our workshops is always at the expense of the buyer. The buyer may not refuse to fulfill his obligations with regard to payment on the pretext that the seller has not fulfilled all or only part of his obligations with regard to guarantee. We do not accept to intervene in the direct or indirect damage that could result from the aforementioned defect; we therefore reject any claim on the part of the customer.
The transfer of ownership of the delivered goods takes place at the moment that all payment obligations have been fulfilled by the customer with regard to this delivery; as long as this has not happened, these goods in their entirety remain the exclusive property of CHP nv.
- TERMINATION OF THE CONTRACT BY THE BUYER
In the event that the customer does not fulfill one of its obligations, we reserve the right to dissolve the contract, or the part thereof that has not yet been performed, without the slightest judicial intervention being required and without compensation for damages and interests.
- TERMINATION OF THE CONTRACT BY THE BUYER
Any destruction of order by the customer will be subject to our written consent and subject to our terms and conditions.
Belgian law applies to all agreements; in case of disputes, only the courts of