Terms and conditions
WOUTERS & WOUTERS EMS Services (hereafter 'W&W' or 'Seller') provides to visitors of this website the opportunity to make online purchases of W&W's products and accessories (the “Products”) and/or W&W's services and support (the “Services”). By placing an order for the Products and/or Services either through this website or in response to a quotation submitted by Seller, you (the ‘Buyer’) are agreeing that you have read and that you accept the following terms and conditions.
GENERAL SALES CONDITIONS - AGREEMENT
These general sales conditions of W&W take precedence at all times over those of the Buyer, even if the Buyer’s order and/or general conditions should contain clauses to the contrary. These general conditions also apply to all W&W's price quotations, agreements, deliveries and purchase orders.
1. OFFER FOR SALE
To the extent that this Agreement and its associated order acknowledgment or invoice constitutes an offer by W&W to sell and deliver Products and/or Services to the Buyer, W&W's offer is expressly limited to the terms and conditions herein, and the Buyer agrees that the terms and conditions herein may not be altered, supplemented or amended by the use of any other documents and such attempt shall be null and void. To the extent that this Agreement and its associated order acknowledgement or invoice constitutes an acceptance of any offer from the Buyer, W&W's acceptance is expressly conditioned on the Buyer's assent to the terms and conditions of this Agreement. Any offer hereunder is non-binding, and only valid after written confirmation in the order confirmation or invoice by W&W in response to Buyer’s purchase order.
2. PRICE AND PAYMENT TERMS
The prices for the Products and/or Services are based on W&W' published prices or written price quotations, in effect at the time of the Buyer’s purchase order. All published prices are subject to change by W&W at any time without prior notice. The prices are exclusive VAT, freight, insurance, custom duty or other costs. All payments are made in Euro by electronic bank transfer prior to shipping the goods unless the order acknowledgement states different terms. Any amount which is not paid in due time to W&W will lawfully and without prior notification be increased by a fixed compensation equal to 10 % of the outstanding amount, as well as with conventional interest on arrears of 1 % per month on the amount due. Should the Buyer neglect to fulfil his commitments, the sale may be dissolved legally and without notice being served, without prejudice to W&W’s rights to all compensations and interests.
The Products are sold Ex-Works MOL-Belgium, unless otherwise agreed. Packing and transport costs are calculated separately and shown on the corresponding invoice. Goods are delivered by dedicated courier service only.
The Buyer acknowledges that confirmed delivery dates are approximate. In no event shall W&W be liable for any delays in delivery of the Products and/or Services.
4. RETENTION OF PROPERTY
The goods remain the property of W&W until complete payment of the agreed price.
Any dispute in connection with an invoice submitted must be notified in writing to W&W within 15 days of the invoice date. After this period the delivery will be considered as having been explicitly accepted. Complaints concerning discrepancies in quantities must be reported in writing to W&W within 8 days of delivery.
Warranty conditions for used equipment is as follows:
- Instruments listed as 'Pre-Owned and Fully Tested' are warranted for 90 calendar days with right of return and refund within this period.
- Instruments listed as 'Pre-Owned and in Good Condition' have a warranty of 30 calendar days with right of return and refund within this period.
- Instruments listed as 'Pre-Owned and Sold As Is' are not covered by any warranty, and cannot be returned for refund.
Warranty shall not apply to wearing parts nor if the equipment has been tempered with or incorrectly operated or used by the Buyer.
For electronic components, we offer 3 months warranty that the products will perform in accordance with the manufacturer’s original specifications. Within this waranty period, subject electronic component(s) will either be replaced or a refund given of the purchase price.
7. RETURN POLICY
In such case when goods delivered should not comply with the agreed specifications, Buyer can issue an RMA request to W&W. An RMA Request Form is to be filled out with a complete description of the incident, relevant pictures, failure report etc. Upon acceptance of the RMA request, an RMA Authorization number will be issued to Buyer, after which the goods can be returned to W&W's warehouse. Refunds will be issued once the goods have been received at W&W. In any case, W&W's responsibility shall always be limited to the invoiced value of the goods delivered. Returned goods shall be shipped to W&W on at the account and risk of the sender.
8. EXPORT RESTRICTIONS
This Agreement is expressly made subject to any applicable laws, regulations, orders, or other restrictions on the export of the Products, which may be imposed from time to time. The Buyer shall not export the Product without complying with such laws, regulations, orders, or other restrictions. The Buyer agrees to indemnify and hold harmless WOUTERS & WOUTERS against all claims, losses, damages, liabilities, costs and expenses, including reasonable attorneys' fees, to the extent such claims arise out of any breach of this Section.
9. GOVERNING LAW
In event of a dispute the Courts of the Judicial District of Turnhout - Belgium have jurisdiction. Belgian legislation is exclusively applicable to any dispute between parties.