General terms and conditions

GENERAL TERMS AND CONDITIONS LHM-INSTRUMENTATION BV

Information regarding services to be performed:

By LHM Instrumentation BV:

  • Calibrations are performed according to the ISO17025 standard and are traceable to international and national standards. Calibrations under accreditation are possible upon request.
  • LHM Instrumentation's calibration lab is BELAC 413-CAL accredited. Consult our website lhm-instrumentation.eu for an overview of the parameters covered by our accreditation.
  • For the PASS/FAIL assessment, measurement uncertainty is not taken into account. If the determined deviation after calibration is greater than 70% of the specifications, a justification will be performed if possible and relevant. You will then receive a certificate with measurement results from before and after adjustment. Adjustment is included in the price if performed internally.
  • After calibration, the instrument is provided with a calibration sticker.
  • Calibration certificates are issued in English and are also available digitally.
  • Repairs up to €100.00 are carried out automatically and stated on the invoice. (E.g. replacing batteries, fuses, .) Here, the value of the measuring instrument is taken into account.
  • For major repairs, the customer is notified in writing of the problem with an accompanying price quotation. After agreement for execution, the work will be resumed. If the repair quotation is not accepted, investigation costs may be charged.
  • LHM Instrumentation always uses its own calibration procedures with standard measurement points. If the client wishes a calibration according to a different procedure to be followed, this must be provided in writing 2 weeks before the desired calibration date.
  • Instruments are added in our recall system, giving the customer timely notification for recalibration.

By the customer:

  • On delivery of instruments
    • Please submit your purchase order (PO) in advance deliver via e-mail: administration@lhm-instrumentation.be and also add them to the shipment.
    • A listing of the instruments supplied (make, type, serial number, ID number, ...)
    • The QR code of the quotation should be clearly marked on the packaging/box of the instruments.
    • Packaging of instruments
      • As a customer own responsibility for correct and safe packaging of the instruments during transport and delivery.
      • Damage resulting from insufficient or improper packaging traps not under our responsibility.
  • Calibration certificates
    • By default, there will be no recalibration date listed on the certificates.
    • If you wish the recalibration date mentioned on both certificate and calibration label, you should check this in writing, along with the desired calibration frequency.
  • Specific requirements serve confirmed in writing to become, for example:
    • Oâ‚‚-clean use
    • Divergent measurement points
    • Variable accuracy
    • Other specific requirements

ACCEPTANCE AND APPLICABILITY OF GENERAL TERMS AND CONDITIONS

The goods delivered and services performed are respectively only sold, rented or delivered subject to acceptance by the customer of our general terms and conditions, as stated below. Signing an order form or an order letter, placing an order (by letter, by fax, by e-mail and even by telephone) necessarily implies acceptance of our general terms and conditions. To all agreements concluded between LHM-instrumentation BV and the customer, only these general terms and conditions apply, to the exclusion of all others. Other
deviations from these general terms and conditions are only valid if expressly confirmed in writing by LHM-instrumentation BV.

PRICES

Quotations are based on the values currently applicable at the time the contract is concluded. If wages, materials or other costs undergo changes as a result of fluctuations, which are not attributable to LHM-instrumentation BV, it. reserves the right to adjust the prices proportionately. All quotations are drawn up for normal execution. Special requirements must be communicated by the customer in writing in advance. Subsequent requirements may result in a price increase in relation to the offer price. The quotation is only valid for the order mentioned in the quotation. All taxes, levies of any kind and V.A.T. are at the customer's expense.

ORDERS

If, after confirmation of the order and before delivery, LHM-instrumentation BV learns of circumstances as a result of which the agreements are no longer sufficiently secured, LHMinstrumentation BV shall have the right to demand advance payment or deposit, if necessary, to cancel the agreement without any right of compensation on the part of the client.

CANCELLATION

In each case of cancellation, the client shall be obliged to pay a fixed compensation amounting to 10% of the value of the contract, with a minimum of €100.00 and this without expressly reserving the possibility of claiming higher damages. A consumer may cancel the contract free of charge if he sends a registered letter to the registered address of LHM instrumentation BV within eight working days. In the absence of a timely cancellation, the consumer shall be obliged to pay a fixed compensation amounting to 10 % of the value of the contract, with a minimum of €100.00 The customer shall also be obliged to reimburse the performances already delivered at €85.00/hour. An amount of €1, 30 / km will be charged per kilometre.
Rates do not include V.A.T.

RISK

All risks associated with delivered goods and delivered services shall pass to the customer as soon as they have left the workshops of LHM-instrumentation BV or one of its suppliers.

DELIVERY/IMPLEMENTATION/DEVIATIONS

Unless expressly agreed otherwise, delivery and execution works are of an indicative nature. They shall not bind LHM-instrumentation BV. The customer cannot claim damages if the delivery/implementation has taken place within a reasonable period. The customer shall make all necessary and useful information necessary for the execution of the order available to LHM-instrumentation BV.Complaints concerning the delivery/implementation must be addressed to LHM-instrumentation BV within 5 days after delivery/implementation in writing and by registered letter. Complaints must reach LHM-instrumentation BV before any use, distribution, modification or repair thereof and under penalty of forfeiture of all claims.LHM-instrumentation BV reserves the right not to proceed execution or provision of services and works as long as all previous and already due invoices have not been paid in full.

PERIODICALS, NOTICE

Contracts relating to assignments of a period nature can only be terminated prematurely subject to payment of the sums still due for the remaining contract period. Notice of termination must be given by registered letter and shall only take effect from the first day of the following month in which notice of termination is given.

OVERVIEW

When, due to force majeure, LHM-instrumentation BV or one of its suppliers is unable to execute the agreement, LHM-instrumentation BV reserves the right to terminate the agreement. If necessary, LHM-instrumentation BV can also suspend or shorten the agreement, without the customer being able to claim compensation from LHM-instrumentation BV for this.

PAYMENTS

All invoices are payable in cash, unless expressly agreed otherwise. In case of non-payment on the due date or in case of late payment of the invoice, by operation of law and without notice of default, conventional interest shall be due at a rate equal to the interest rate referred to in the Law of 2 August 2002 plus 2% per year and this from the due date of the relevant invoices. Also by operation of law and without notice of default, liquidated damages shall be payable in case of non _ payment on the due date or in case of late payment of the invoices in the amount of 10% of the invoice amount, with a minimum of €100.00.

PROTEST AGAINST INVOICES

Protests against invoices must be made within 8 days of the invoice date and by registered letter to the registered address of LHM-instrumentation BV. The date and invoice number must be mentioned in the registered letter. Failing this, this letter shall be considered non-existent.

RETENTION OF TITLE

The delivered merchandise remains the property of LHM-instrumentation BV as long as the full price (principal, costs and interest) has not been paid and this in accordance with article 101 Bankruptcy Act.

COMPLAINTS _ VISIBLE DEFECTS _ HIDDEN DEFECTS

Visible defects shall, under penalty of lapse of guarantee, be reported to LHM-instrumentation BV by registered letter within 24 hours after delivery/performance and in any case before any use, modification or repair takes place. In case of hidden defects, the customer shall, under penalty of lapse of guarantee, be obliged to report the hidden defect within 3 days after discovery of this defect by registered letter. LHM-instrumentation BV is not responsible for any defects in the installation and its improper functioning. LHMinstrumentation BV cannot be held responsible for damages suffered by the client, referring to consequential damages, ... . Only the manufacturer of the installation is responsible for this, so the client should always contact the manufacturer to recover these damages.

GUARANTEE

LHM-instrumentation BV only covers manufacturing defects. The liability of LHM-instrumentation BV is limited to the cost of repair and/or replacement of the product under warranty. For other parts, the warranty provisions of the respective manufacturers will be followed. On simple request, the contact details of relevant producers and/or distributors will be given. A consumer may invoke the legal guarantee if the non-conformity is established within 2 years from the delivery of the good. The legal guarantee thus begins to run from the delivery of the good to the consumer. If the determination is made within the first six months, it is assumed that the defect has existed since delivery. The seller must prove otherwise if he does not agree. If the determination is made more than six months after delivery, the consumer is obliged to prove the existence of the non-conformity at the time of delivery.
The following items are not covered by warranty (dropped limitation):

  • Normal use and wear, incorrect assembly or lack of maintenance, installation of parts or accessories not originally intended for or compatible with the installation,
    damage or defects resulting from, abuse or neglect.
  • Any damage or defect resulting from improper use,
  • Any damage resulting from defects on a telecom line, mobile phone, internet, ... ,
  • Work hours performed by LHM-instrumentation BV are not covered by the warranty and must be reimbursed, unless otherwise agreed.
  • Cost of batteries.

_ EXPRESS RESOLUTIVE CONDITION

In case of non-payment on the due date, LHM-instrumentation BV reserves the right to suspend or dissolve the agreement by operation of law and without prior notice of default for the whole or the part not yet executed. LHM-instrumentation BV reserves the right to regard the agreement as dissolved by operation of law and without prior notice of default in case of bankruptcy, apparent insolvency as well as any change in the purchaser's legal situation. In both cases, the customer shall in any case owe damages at the rate of 10% on the value of the contract with a minimum of €100.00.

COMPETENT COURT _ APPLICABLE LAW

In case of disputes, only the Courts of the judicial district in which the registered office of LHM-instrumentation BV is located have jurisdiction. Belgian law is always applicable.

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