1. Scope of application
These general terms and conditions govern the legal relationship between I.T.T. NV, Oekensestraat 146, B-8800 Roeselare, VAT BE 0461 070 395, RPR Kortrijk, and its customers. These terms shall take precedence over the customer’s general and/or other conditions, even if these state that they apply exclusively. Derogations from these terms are only possible with the prior written consent of I.T.T.
The purchase of goods from I.T.T. implies unconditional acceptance of these general terms and conditions and the commitment to abide by them. If, following an agreement subject to these general terms and conditions, another agreement is concluded with the same customer without reference to any general terms and conditions, that agreement shall also be deemed subject to these general terms and conditions.
The possible nullity of any provision of these general terms and conditions shall in no way affect the validity of the other clauses. The failure by I.T.T. to claim a right or apply a sanction shall in no way constitute a waiver of rights or renunciation.
2. Quotations
All quotations from I.T.T. are valid for a period of twenty-four hours, unless stated otherwise, and create no obligations on the part of I.T.T. Any agreement or order with I.T.T. is concluded only after written or electronic confirmation by I.T.T.
3. Price increase, unavailability and modification
Prices quoted by I.T.T. are based on generally applicable prices in the sector, and subject to foreign currency exchange rates, import duties, levies, taxes and tariffs as known at the time of the offer.
If, after the conclusion of the agreement and prior to delivery, one or more price components undergo an increase of at least 10% that was not reasonably foreseeable at the time of quotation, I.T.T. also reserves the right to adjust prices in proportion to this increase. Such price increases include the total cost price owed by I.T.T. to its supplier, including import duties, taxes, transport costs, exchange rate fluctuations and other external factors impacting the cost price. In such event, I.T.T. shall inform the customer prior to proceeding with delivery.
4. Risk
Without prejudice to the retention of title set out in point 7, risks shall be borne by the customer from the purchase of the goods. In the event of non-payment or non-compliance with any provision of these terms, I.T.T. may, by operation of law and without prior notice of default, proceed to the immediate termination of the agreement, without prejudice to the right to reclaim the delivered goods and claim damages.
5. Complaints – exclusion of warranty – damaged goods
The buyer expressly acknowledges and accepts that I.T.T. engages in the sale of damaged and/or accident-damaged vehicles of various kinds. Unless expressly agreed otherwise in writing, vehicles sold by I.T.T. are sold in the condition in which they are found at the time of sale (“as is, where is”), with all visible and non-visible defects. The buyer declares to have had adequate opportunity to inspect the goods and accepts them in the condition in which they are found.
No liability for visible or hidden defects can be retained against I.T.T., except in the event of its willful intent or gross negligence and in the event of physical and/or psychological harm. No warranty of any kind applies, unless expressly stated on the invoice. Any dispute regarding I.T.T.’s invoices must be sent with statement of reasons—under penalty of forfeiture—within twenty-one calendar days of the invoice date.
6. Delivery
I.T.T. shall take all reasonable measures to deliver the ordered goods on time. Any delivery periods mentioned are purely indicative and do not constitute an obligation of result for I.T.T. Any delay in performance due to force majeure can never obligate I.T.T. to pay compensation, nor constitute grounds for refusal of the order. In the event of gross delay attributable to I.T.T., compensation can at most be claimed after prior written notice of default granting a final grace period of 30 days. I.T.T. reserves the right to make partial deliveries.
Every order is binding on the buyer. Any cancellation of the order by the customer must be made in writing within a reasonable time and must be accepted by I.T.T. In the event of cancellation of the order, the customer shall owe liquidated damages equal to 20% of the value of the order, without prejudice to higher proven damages on the part of I.T.T., with a minimum of two thousand euros (€2,000.00).
I.T.T. reserves the right to cancel or postpone an order or part of an order in the event of problems with suppliers or in case of force majeure, without I.T.T. being liable for any compensation. Only fully paid goods may leave the premises of I.T.T. Purchased goods may be collected from Monday to Friday between 8:30 a.m. and 12:00 p.m. and from 1:30 p.m. to 4:00 p.m. Excluding holidays, etc.
7. Retention of title
All goods remain the property of I.T.T. until full payment of the principal amount, taxes, interest, costs and charges. Any delivery of the sold item shall not constitute a waiver of this retention of title.
The buyer shall immediately inform I.T.T. of any infringement or potential infringement of its ownership rights. The buyer shall be liable for any damage resulting from non-compliance or failure to strictly respect this clause.
I.T.T. reserves the right to publicize this retention of title in any manner, without the buyer being entitled to any compensation for any consequences arising from such publicity.
8. Payment
Prices of I.T.T. (unless stated otherwise) are exclusive of VAT, taxes, shipping and administrative costs.
Unless agreed otherwise, all invoices are payable in cash or by bank transfer without discount at the time of delivery. Advance and/or proforma invoices for ordered goods are payable within twenty-four hours of receipt. If the goods are not collected within fourteen days of the purchase agreement as mentioned above, the deposit paid shall be definitively retained by I.T.T. as damages.
All sales agreements, including those not yet due, shall become immediately claimable in the event of non-payment of a prior agreement.
In the event of an application for judicial reorganization, cessation of payment – even if not officially established – transfer of business, closure of business, liquidation of the customer or any other fact indicating insolvency, all invoices, even if not yet due, shall become immediately payable. In this case, I.T.T. also reserves the right to cancel orders placed by simple notice to the buyer without liability for damages. I.T.T. reserves the right to invoice progressively with deliveries, even for partial deliveries. I.T.T. has the right to set off claims against the buyer with any counterclaims.
9. Deposit
In case of sale to a non-EU buyer, a guarantee of 21% of the total purchase price must be paid to secure export documentation. The export document (T2 or EX1) must be returned to I.T.T. no later than three months after the invoice date. Said deposit will be refunded upon explicit proof of export in accordance with applicable legislation (VAT, customs, etc.).
10. Non-payment
The amount of each sales agreement shall, by operation of law and without prior notice of default, be increased by interest of 1.6% per month from the 15th calendar day after the sales agreement, with each started month counted as a full month, and liquidated damages of 10% on the unpaid balance, with a minimum of €2,000, plus collection costs. These damages cover loss of time, correspondence, travel, business disruption, debt collection fees, storage costs, loss of profit, etc. All legal collection costs shall be borne by the defaulting customer. If the customer defaults on payment, I.T.T. may suspend all deliveries until all outstanding accounts are settled, including damages and interest.
11. Liability
I.T.T. is not liable for indirect damages, such as loss of turnover, loss of profit or increase in overhead costs. Nor is I.T.T. liable for defects caused directly or indirectly by an act of the customer or a third party, whether caused by error or negligence. If liability on the part of I.T.T. is established, I.T.T. shall only be obliged to replace the item concerned or to take back the item in its original condition and refund the purchase price.
All information provided regarding the goods of I.T.T. is for informational purposes only and must be verified by the buyer. No compensation can be claimed against I.T.T. Compensation for damage caused by non-performance of a contractual obligation by I.T.T. is exclusively governed within legal limits by the rules of contract law, even when the event giving rise to the damage also constitutes a tort.
I.T.T. is only liable for willful intent and gross negligence and in the event of physical and/or psychological harm. In any case, the liability of I.T.T. is limited to the invoice amount of the delivery concerned. I.T.T. cannot be held liable for damage resulting from delays or defects in the performance of its obligations if these delays or defects are due to facts or circumstances beyond its control, unforeseen or unavoidable (e.g. transport disruption, staff illness, telecommunications failures, operational breakdowns or supplier defaults). I.T.T. will make every effort to minimize the duration and notify the customer once resolved.
All information provided by I.T.T. in advertisements, on the website, on price tags, images or other communication channels is purely indicative and subject to change, errors and prior sale. This information cannot be regarded as a binding description or warranty regarding the product specifications and must be verified by the buyer. I.T.T. cannot be held liable for typographical errors, inaccuracies or errors in data transmission.
12. Choice of law and jurisdiction
All disputes relating to invoices from I.T.T. or contracts concluded with I.T.T. shall fall under the exclusive jurisdiction of and be settled by the courts of the judicial district of Kortrijk. Unless agreed otherwise, all relationships between I.T.T. and its customers, as well as the application and interpretation of these general terms and conditions, shall be governed by Belgian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded from the agreement.
13. Language
All translations are purely for informational purposes.