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Terms of use

GENERAL TERMS AND CONDITIONS OF SALE

  1. These general terms and conditions of sale are applicable to all orders submitted by Trane co-contractors and to all sales contracts including those for supplies and accessory services.Orders will only be deemed accepted by Trane when they are confirmed in writing to the co-contractor or by the effective delivery of the products and merchandise.
  2. Unless they have proof to the contrary, Trane’s co-contractor acknowledges receipt of a copy of these general terms and conditions of sale.
  3. Unless expressly accepted in writing by Trane, these general terms and conditions exclude all general terms and conditions of purchase and all others claimed by the Trane co-contractor. No waiver of these general terms and conditions of sale will be accepted without the express written approval of Trane.
  4. Invoices are payable in cash unless otherwise stipulated in writing by Trane.
  5. In the event of non-payment of an invoice by the due date, or if the co-contractor does not comply with the prohibitions listed in the following paragraph, the remaining balance will be legally due immediately and without prior notice.
  6. In the event of non-payment of the amounts due to Trane by the due dates listed in the documents it issues, damages and interest will be legally due without prior notice in the set amount of 10% of the full amount of the invoice and of minimum €75.
  7. In any event, Trane reserves the right to demand compensation for the prejudice actually suffered if the 10% above does not fully cover all damages and interest including any indirect losses incurred by Trane due to a failure by the co-contractor.
  8. All invoices which remain unpaid by their due date will be charged interest at the rate of 12% per year without prior notice.
  9. If the Trane co-contractor does not comply with their obligations, is declared insolvent or is covered by the Continuity of Enterprises Act, they agree to return all machinery and equipment to Trane, assuming that they still retain ownership of the goods and merchandise sold by Trane, within 24 hours of receiving the notice sent to them or, otherwise, authorise Trane to recover them from any location whatsoever, without prior formalities. All amounts paid will remain the property of Trane for damages and interest for non-execution of the contract, use or wear and tear of the machinery and equipment, without prejudice to any other damages and interest payable.
  10. Work and supplies are guaranteed for the periods contractually agreed to by the parties with the exception of fluids which are never covered by the guarantee unless otherwise expressly stipulated and duly confirmed in writing by Trane.
  11. The guarantee only covers the work and supplies provided by Trane as long as it can be proven that the work or supplies caused a breakdown.
  12. Our estimates are prepared meticulously but are not firm unless otherwise stipulated by the parties. If problems or defects are detected during assembly, disassembly or reassembly work, they will be covered by an additional estimate.
  13. In the event that the co-contractor specifies a different delivery location during contract execution than the one initially agreed, the removal and potential storage of the products will be done at their exclusive risk and expense.
  14. Unless there is a contract provision duly accepted by Trane, delivery delays cannot result in termination of the contract by the co-contractor or the payment of damages or interest of a set amount or otherwise.In the event that delivery time-frames agreed by the customer and Trane cannot be met due to a failure on the part of the customer, compensation in the amount of the storage costs and/or transport will be payable by the customer.
  15. In the event that Trane provides a guarantee for this purpose, it can never exceed 5% of market price.
  16. Trane must be informed of the discovery of defects or non-conformities in the products and merchandise within seven days of delivery, either by certified post or by electronic mail, with proof of receipt and reading.Trane must be informed of all inherent defects in the products and merchandise delivered within 15 days of discovery or of the moment the co-contractor could have reasonably discovered them.All legal action for inherent defects must by submitted by the co-contractor within thirty days of the discovery of the defects or as of the moment they could have reasonably discovered them, and potentially, as of the date of failure of discussions to find an amicable arrangement.
  17. Notification of the existence of an inherent defect must also be made by certified post or by electronic mail, with proof of receipt and reading.
  18. Receipt of the products by Trane's co-contractor or their representatives or assignees covers all defects which may have been discovered at delivery time.
  19. In the event of the unilateral termination of a sale by Trane's co-contractor, the former will owe the latter compensation in the amount of 30% of the value of the merchandise and services included in the contract, excluding VAT.
  20. The occurrence of any of the events in the following non-exhaustive list, including interrupted production, transport or delivery, strikes, lock-outs, embargoes, wars, terrorist attacks or the consequences of such attacks, raw materials shortages, epidemics, bad weather and, generally, any similar event impacting the parties or their suppliers and delaying or making the execution of their respective obligations impossible will suspend their execution.
  21. The party invoking this type of event must notify the other party as soon as possible, with proof of its occurrence, by certified post or electronic mail, with proof of receipt and reading. The execution of obligations will be suspended until notification by the same means that the event has ended, it being agreed that neither party can claim any compensation whatsoever from the other party.
  22. Trane will only accept merchandise returns if it has provided the co-contractor with prior written authorisation for a return.
  23. The nullity or inapplicability of a clause of these general terms and conditions does not affect the validity or applicability of the other clauses.Under no circumstances can the fact that Trane does not apply these general terms and conditions at any given time be interpreted as a waiver its right to enforce them at a later time.
  24. If applicable, the co-contractors agree to replace the null or inapplicable clause with a valid clause which is close as possible to the null or inapplicable clause as possible from an economic standpoint.
  25. All communication and notifications between the parties must be sent to the Trane head office and to the co-contractor’s head office or to another head office they have expressly designated.
  26. These general terms and conditions are governed exclusively by Belgian law even in the event of the introduction of third parties and notwithstanding any clauses to the contrary.
  27. Any disputes regarding the execution or interpretation of these general terms and conditions and any disputes related to the agreements to which they apply which cannot be settled amicably are subject to the exclusive competence of the judicial district of Brussels.
  28. The co-contractor assumes all risks related to the goods and merchandise sold by Trane from the time of their effective delivery.