24/7 Support & sale
5 year warranty
29 years experience
Object and scope These "General Terms and Conditions" apply to all sales, rental and assembly contracts relating to the products of Daylight bvba (hereinafter referred to as "Daylight") which are concluded between Daylight and its customers. The General Terms and Conditions of Daylight take precedence over all other terms and conditions of the customer. Additional conditions of the customer that are not explicitly accepted in writing by Daylight are hereby excluded.
Orders - Delays - Injuries An agreement is validly concluded by signing the order form by the customer. The delivery periods specified by Daylight are purely indicative and do not create a result obligation under Daylight. Late deliveries are in no way entitled to cancellation of the order or compensation, unless expressly agreed otherwise in writing. If Daylight, as a result of any cause independent of its will, has definitively been prevented from executing an accepted order, it can dissolve the contract by means of a normal notification to the customer, without this giving rise to any compensation. The compensation that the customer demands from Daylight in case of malfunction, error, shortcoming, defect can never exceed the agreed rental price.
Deliveries - Transfer of risk The products are deemed to have been delivered as soon as they are made available to the customer at the Daylight premises for collection or, if Daylight is responsible for delivery to the customer, from the moment the products are within the closed space, the grounds or the customer's buildings, regardless of whether or not they have been unloaded. From that moment on, the risk for the goods is transferred to the customer.
Assembly - Construction - Programming If it has been agreed that Daylight is responsible for placement on location, the customer is obliged to notify Daylight of all assembly and disassembly data, as well as all programming and location data, in writing and dated no later than fourteen days before assembly date. If Daylight is not explicitly welded with the necessary construction, the customer must ensure that this construction is sound and safe. If this construction does not prove to be solid or safe, the customer will nonetheless be obliged to pay 50% of the price when renting, the integral price upon sale. The customer will ensure that the site is equipped with a legally approved electrical installation of 3 x 16 A / 220 V plus good grounding. He will also provide a safe, dry and nearby storage place for the installation of the products. The customer will provide a safe parking space for all Daylight vehicles; four members of the Daylight technical staff should have the opportunity to go anywhere where their function requires it. All taxes and duties are at the expense of the customer, who must also provide the necessary permits. Daylight will never be liable for the customer's default in this respect.
Visible defects - Non-conformity In case the delivery shows visible defects or does not conform to the accepted orders, the customer must take note of this at the time of delivery. Within 24 hours after delivery, the customer must inform Daylight in writing of the defects or the non-conformity of the goods. After the expiry of this period, the goods are considered to be definitively accepted by the customer. Under no circumstances can goods be returned to Daylight without its written permission.
Payments An agreed advance payment must be paid for each order. The balance must be paid upon delivery of the order, which will also be the due date of the invoice. Exceptionally and only if expressly stipulated in writing, the invoice will be payable on 30 days. Any amount that remains unpaid on the due date will be increased, without prior notice of default, by a flat-rate fee of 10%, with a minimum of 250 EURO per invoice that has not been paid in full. In addition, any unpaid amount, without prior notice of default, will be increased from the day on which payment was due until the day of actual payment, with default interest of 1% per month.
Damages on cancellation - retention of title In the event of cancellation of rental or assembly orders by the customer, it must pay compensation equal to 30% of the price. If less than 30 days before the scheduled delivery date is canceled, the compensation will be 50%. In case of cancellation on the delivery day itself, the customer is obliged to pay the integral price. A sale can obviously not be canceled. However, Daylight has the choice either to demand execution of the contract in court and therefore to demand payment of the price, or to cancel the agreement at the expense of the customer by means of simple notification. In the latter case, the customer will allow Daylight to take back the products - the customer's compensation to Daylight will then be 50% of the price. The customer waives his right to invoke the objection of non-performance of the contract. The delivered products remain the property of Daylight until the purchase price has been paid in full. Until then, the customer will not be entitled to transfer the products to third parties. This retention of title does not affect the transfer of the risk for the products as stipulated in article 3.
Guarantee The Daylight guarantee is limited to defects in the products that could not reasonably be recognized at the time of delivery and to the performance guaranteed by Daylight. No guarantee is given in case the hidden defect could not possibly be foreseen. The guarantee also lapses if it should appear that, without the prior permission of Daylight, the customer or third-party attempts at repairs would have been made, changes to the products would have been made, the user instructions were not adhered to, or when using the wrong consumable products or spare parts. The Daylight guarantee is valid for a period of 12 months from delivery. The guarantee stipulated above is only applicable if the products have been maintained in a normal manner. The costs for normal maintenance are always at the expense of the customer or the user and always fall outside the Daylight guarantee. On site warranty can only be with a service contract. In all other cases, the goods must be returned to Daylight at the expense of the customer. We deliver the goods as described but never assume an obligation of result. Daylight can not be held liable in any way for any consequential damage.
Termination The agreement between Daylight and the customer can be terminated immediately and without prior notification by Daylight when Daylight learns that the customer is terminating his activities, is declared bankrupt, submits a petition to concordat or deferred payment, or his creditors amicably concordate. A simple notification to the customer will suffice for this. The leased goods and the goods that have not yet been paid in full when they have remained the property of Daylight pursuant to the retention of title will then be retrieved. Daylight can under no circumstances be held liable for any compensation towards the customer or towards third parties.
Competent courts - applicable law With regard to all disputes concerning these General Terms and Conditions and the contracts to which they apply, only the courts of the judicial district of Ghent are competent. These courts will apply Belgian law.
Daylight bvba (established in 1991)
Phone: +32 9 230 54 00
BTW BE 0443.834.881
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