General sales conditions

AQ-forklifts is the trade name of Hermans Heftrucks BV for sales to dealers.

These conditions are an integral part of the agreement, to the exclusion of the client’s own conditions. It is only possible to deviate from these conditions by means of a written agreement.

  1. The second hand goods are delivered as described on the invoice or in the purchase order, in the condition in which they are, seen and approved by the buyer. The buyer must immediately check the goods delivered. Possible complaints must be submitted no later than within 8 workdays following receipt. Hidden defects of new goods must be reported no later than within 8 workdays following the discovery thereof.
     
  2. The goods are delivered within the term mentioned in the purchase order, taking into account the usual tolerance specific to the nature of the industry or trade. Possible delay in the delivery cannot give rise to compensation for damage or dissolution of the agreement.
     
  3.  The delivery will take place at the seller, unless otherwise agreed upon in writing. The goods will be transported at expense and risk of the buyer.
     
  4. Cancellation of the order is only possible if requested in writing by the buyer, no later than within 8 workdays following the order and insofar confirmed by us in writing. In the event of cancellation, the client shall be required to pay a fixed compensation of 20% of the total value of the order, without prejudice to evidence of a higher amount of damage by the seller.
     
  5. Our goods are always payable before the delivery. In case of complete or partial non-payment of the invoice on the due date, the amount of the invoice will be increased by law and without notice of default with 10% interest per year and a fixed compensation for damage of 10% with a minimum of 50 euro, and possible other outstanding invoices will become immediately due and payable.
     
  6. The delivered merchandise will remain our property as long as the complete price (principal sum, costs and interests) has not been paid. The buyer bears the risks from the moment of delivery.
     
  7. In case the buyer does not comply with the contractual obligations, we reserve the right to, after notice of default, either suspend our obligations or to dissolve the agreement without judicial intervention if the notice of default does not lead to any or any useful follow-up within 8 workdays, without prejudice to the right to compensation for damages.
     
  8. In case of bankruptcy, obvious insolvency or force majeure, we reserve the right to terminate the agreement unilaterally and without the need for prior notice of default.
     
  9. All our agreements are governed by Belgian law. Possible disputes will be exclusively brought before the courts of the district in which our registered office is located.