Terms and Conditions (of Sale)

Unless otherwise agreed in writing and notwithstanding any conflicting provision in the purchase conditions used by the customer, these provisions and conditions apply to the legal relationship between Rucon and the customer.
Even if a particular agreement deviates in one or more specific points from these terms of sale, the remaining points remain fully applicable.

Rucon’s representatives are not agents of Rucon and cannot bind it. Any order taken by a representative only binds Rucon after acceptance by management.
The risk of correct execution of telephone orders lies with the customer. The risk of correct execution of orders by fax or e-mail not accompanied by an official order form lies with the customer.

Rucon’s prices are exclusive of VAT, for packaged goods, free warehouse or site in Belgium for orders above €3,000.
Prices are given up to the moment of acceptance of the order by management, without obligation. Rucon reserves the right to make changes to the quoted prices without prior notice.
Even for ongoing orders, Rucon reserves the right to change prices without prior notice; in such case, the change will only apply to the remaining part of the order, and the customer – if the price change exceeds 5% – may maintain or cancel the order. This requires sending a registered letter within eight days of becoming aware of the price change.

Delivery times indicated are approximate and not binding. Delivery of goods is deemed to have taken place when made available for collection at Rucon’s warehouse, even if Rucon is responsible for transport. However, the customer may request multiple deliveries, subject to additional transport costs. If the confirmed delivery time by Rucon is exceeded or deviations are noted by the customer, no penalties are generally accepted. If, after consultation with Rucon management, a penalty clause is accepted, it may never exceed 10% of the value of the relevant item.
In case of delay in delivery of goods by the customer, Rucon will charge a storage fee of €4/m² per month.
Technical specifications of the models listed in the sales agreement are provided without any warranty. Rucon may, without breaching the obligations under these agreements, make minor changes to these specifications without prior notice.

The goods shall be deemed accepted if no written protest is made within eight days after delivery.
A delivery note, waybill or similar document provided at delivery is deemed to accurately reflect the quantity and description of the goods delivered unless the customer immediately raises an objection.

Rucon guarantees the goods against any defect or construction fault for a period of one year from the date of delivery. This warranty is limited to replacement of the parts identified by Rucon as defective and the associated labor cost. Transportation and travel costs to and from Rucon’s warehouse and associated risk are always borne by the customer. Rucon has the right at any time, without being obliged to, to replace the goods in their entirety to fulfill its warranty obligation.

In case of force majeure, Rucon has the right to suspend or terminate the contract with the customer, in whole or in part, without the customer being entitled to any compensation. Cases of force majeure include, without limitation: any circumstance preventing reasonable performance of the contract by the customer, such as import/export/currency restrictions, war, fire, flood, explosion, … and this applies to Rucon’s warehouses and sales points as well as the customer’s, accidents, strikes and other labor disputes, transport delays, negligence or failures in suppliers’ or intermediaries’ operations, … etc.

No goods may be returned to Rucon without written authorization.
Such authorization does not imply any acknowledgment of liability by Rucon and does not suspend the obligation to pay the amounts due on their due date.

Unless otherwise stated in writing, our invoices are payable on receipt; acceptance of bills of exchange, cheques, partial payments, etc., does not imply any deferral of payment and is only a means of payment without constituting actual payment. Rucon has the right to discount bills of exchange drawn in its favor before maturity, with related costs borne by the customer.
Any amount unpaid on its due date will automatically accrue interest without notice, based on the rate applied by the National Bank of Belgium at the time of invoice issuance for advances on government paper, plus 2%. After sending a registered reminder within eight days, if no payment is made, a flat-rate penalty of 15% of the outstanding amount will be due.
If the buyer fails to fulfill its obligations, the sale may be terminated by operation of law and without notice, without prejudice to our rights to all damages and interests. Notification by registered letter from the seller is sufficient.
In case of non-payment on the due date, we reserve the right to increase the invoice amount by 10%, with a minimum of €25. Non-payment on the due date of a single invoice renders the balance of all other invoices, even if not due, immediately payable.
Drawing and/or accepting bills of exchange or other negotiable instruments does not renew the debt and does not constitute a deviation from the terms and conditions of sale.

Without prejudice to the buyer’s risk in relation to the goods, the sold material and all accessories remain the exclusive property of Rucon until full payment of all amounts, including interest, costs, and damages by the customer. Until then, the customer is expressly prohibited from disposing of or pledging this material in any form without prior written consent from Rucon, under penalty of a minimum compensation of €250.

If third parties wish to assert rights over Rucon’s unpaid goods or take measures against them, the customer shall immediately indicate Rucon’s ownership and inform Rucon within 24 hours by registered letter.
If the customer is insolvent on the agreed delivery date or in a state of bankruptcy, suspension of payment, liquidation, or in a condition making payment on the due date doubtful, Rucon has the right to require advance payment or additional guarantees before delivery, without prejudice to the right to terminate the contract.

Any dispute arising from this agreement falls under the jurisdiction of the courts of Antwerp, which shall mandatorily apply Belgian law.