General condition Of Sale & Service

1. Applicable terms and conditions

These general terms and conditions govern all our sales and service contracts. By entering into a contract with us, the customer explicitly acknowledges that he/she has read these terms and conditions, accepts them unreservedly and waives the right to invoke his/her own terms and conditions.

2. Offers and orders

Any offers issued are only binding on us after acceptance by the customer by signing an order form within 10 days of their issue. By accepting the offer or signing the order form, the customer places a definitive and irrevocable order.
In the event of cancellation of the contract by the customer, for any reason whatsoever, any services whatsoever that have already been rendered will be charged to our account and we will be owed, ipso jure and without formal notice, a fixed and irreducible indemnity equal to 50% of the total amount of the revised contract, unless we can establish that the loss suffered is greater than this amount.

3. Delivery dates, prices and claims

Any delivery dates or lead times are always given by way of indication and may not be invoked by the customer to rescind the contract, claim damages or assert any other claim, unless otherwise expressly agreed in writing by us.
All our prices are exclusive of VAT and charges. These prices are subject to market fluctuations and changes in exchange rates. They will only be definitively fixed on the day of confirmation of the order by the customer within the period of validity of the offer.
In order to be taken into consideration, any complaint regarding our services must be made by registered letter within 48 hours of the service being contested. No further complaints or disputes will be accepted after this period. The goods delivered remain the property of Metrac until full payment of the invoice.

4. Terms of payment – late or non-payment

All our invoices are payable in cash, on receipt, to IBAN account BE82 3100 5285 3568 SWIFT (BIC) BBRUBEBB. Any stipulation of a special clause or other method of payment does not imply any waiver of this clause.
In the event of non-payment by the due date, the amount of the invoice will be automatically increased, without prior notice, by 15% of the total amount, with a minimum of €75. Any sum due shall bear interest at the rate of 12% per annum from the due date, payable ipso jure and without prior notice, any month commenced being due in full. In addition, the amount of our invoices may also be increased by €25 for a letter sent.
Late payment or non-payment of an invoice on the due date will render all other invoices immediately payable and may result in the cancellation of any current order or contract at the customer’s expense.

5. Nullity

The nullity of a clause does not affect the validity of the other clauses. The invalid clause must be replaced, by mutual agreement or, failing this, by the competent court, by a clause that comes as close as possible to the economic intention of the invalid clause.
The fact that a party has refrained from demanding the strict application of one or other of the provisions hereof may under no circumstances be considered to be a tacit waiver of the right to invoke it in the future.

6. Competent court – applicable law

Any dispute shall be governed by Belgian law and the Courts of Brussels and, where applicable, the Justice of the Peace of the Second Canton of Brussels, shall have sole jurisdiction.