Article 1: Conditions of sale The rental of furniture lifts with operator, moving van or truck with driver by Euro Lift Express SPRL is entirely regulated by the present terms and conditions of sale. All orders containing clauses in contradiction with the present terms and conditions will be considered null and void. Any derogation to the terms and conditions must come with written agreement from Euro Lift Express SPRL.
Article 2: Orders and offers Any order placed by a client entails the full acceptance and agreement to the present terms and conditions of sale by the client. Orders placed by a client result in the commitment of said client, the client can cancel the order at latest 48h prior to the operation of a lift and at latest 5 days prior to the removal or transport of goods. Offers made by Euro Lift Express SPRL are issued as non-binding offers. Only orders issued by a client and accepted by Euro Lift Express SPRL will be binding for Euro Lift Express SPRL. Upon reservation of a time slot the client commits to paying at least half of the duration reserved, Euro Lift Express will take no responsibility in a reduction of work time or cancellation. The deposit will be retained by Euro Lift Express, as compensation, unless the cancellation has occurred within the above-mentioned deadlines.
Article 3: Conditions of delivery The hour of delivery is given solely indicatively, delays that arise from traffic cannot be cited by the client as a reason for cancelation or suspension the delivery or for claiming compensation. The duration of delivery is stipulated in the clients order, Euro Lift Express is engaged for the stipulated duration. Euro Lift Express SPRL cannot be held accountable for delays in delivery on the clients side nonetheless Euro Lift Express will do anything in it’s ability to remain the longest possible or return at a convenient time to serve the client. It befalls the client to insure that sufficient space is available on the premises for the deployment of the equipment. Any cancelation of delivery caused by lack of space at the premises will result in the invoicing of the travel expenses to the client.
Article 4: Claims Any claim has to be sent by registered mail to Euro Lift Express SPRL within 3 days following the delivery. After the aforementioned delay, the delivery is considered accepted and orderly executed by the client. A pending claim cannot be invoked as grounds to delay the payment of an invoice or as compensation in the case where payment is owed by the client to Euro Lift Express SPRL and payment is owed by Euro Lift Express by the client. Any damages cause by equipment deployment or during the removal or transport has to be notified within the same delays of 3 days. After said delay, Euro Lift Express SPRL cannot be held responsible for the damages, and no compensation may be claimed.
Article 5: Responsibilities The placement of equipment against balconies or facades in poor conditions or disrepair comes under the responsibility of the client. The client hires furniture lifts with an operator and vans or trucks with a driver. The furniture lift operator is responsible for the installation and operation of the lift. The client is responsible of the goods placed on the lift. The weight placed the lift cannot exceed 300 kg! Any damages to the furniture lift arising from non-compliance with the operator’s instructions will be invoiced to the client. Any merchandise altered by the client or a third party will not be replaced by Euro Lift Express SPRL. Euro Lift Express SPRL commits to the repair of any damages that would arise from the deployment or during the operation of a furniture lift (except for balconies and facades in disrepair). This commitment is only valid if the client has informed Euro Lift Express of the damages by registered mail within 3 days of delivery. The responsibilities of Euro Lift Express will in no circumstance go beyond the repair of said damages. No damages can be claimed after the aforementioned deadline of 3 days.
Article 6: Payment terms The payments are to be done in cash at the end of the delivery or within 15 days after invoicing. A different method of payment is subject to agreement of the parties.
A default on payment will entail an interest on the invoiced sum of 12% per year the amount shall be increased by another 15% with a minimum of 75,00 €. Any rejected cheques will result in a lumpsum indemnity of 75,00 € in favour of Euro Lift Express, the indemnity is related to administrative costs and is without prejudice to various other legal costs that may arise from a court procedure initiated by Euro Lift Express to guarantee payment in case of dispute.
Default on the payment of a due invoice cancels the terms accorded for the payment of other deliveries and renders the payment of other deliveries immediately due for payment.
In case of disputes, the courts of justice of Brussels second canton are the only competent.