General Terms and Conditions
1. Applicable provisions
The sales contract shall be governed by the law, by the special provisions listed on the reverse side and by these general conditions.
2. Financing
In the event of the buyer taking out credit, this shall be mentioned in the order form. If the credit cannot be obtained, the sale shall be deemed never to have existed and the buyer shall be entitled to a refund of any deposit paid, under the following conditions
- He shall inform the seller that the credit has been refused, by registered letter within seven days of the signing of the order form;
- Written proof of this refusal shall be sent immediately to the seller.
3. Delivery date
The seller is obliged to indicate the delivery deadline on the order form. In the absence of such a date, the sale shall be deemed to have been concluded with the immediate delivery of the vehicle at the buyer's request.
If the seller does not deliver the vehicle on the agreed date or if the buyer refuses to take delivery of the vehicle on this date against full payment, the injured party shall send a registered letter to the other party putting it on notice to fulfil its obligations within ten days from the date of sending the registered letter.
In the event of failure to obtain satisfaction, the injured party may, by registered letter, either demand the execution of the contract or consider it as cancelled, immediately and by right.
In the event of termination of the sale, the injured party shall be entitled to a lump-sum compensation equal to 10% of the agreed price, excluding VAT, with a minimum of 250 €. In the case of a sale under the margin system, the calculation of the 10% shall be based on the amount including VAT.
Upon notification of the cancellation of the sale, the seller may dispose of the vehicle to a third party.
4. Place of delivery
The delivery of the vehicle shall take place at the seller's place of business, unless otherwise agreed in writing.
5. Warranty
All our goods and vehicles are sold in the state in which they are, well checked and accepted by the buyer and without any guarantee. Any stipulation to the contrary must be made in writing, subject to acceptance of our general terms and conditions of sale, which stipulate the cases in which a guarantee intervention may be requested by the purchaser.
Apparent defects of which the purchaser was or could have been aware at the time of delivery shall be deemed to have been accepted, in the absence of any protest by the purchaser, by the mere fact of delivery.
Any intervention in warranty by the seller will be done only on a commercial basis and without any legal obligation whatsoever. Labour, travel and any operating loss are never covered by the guarantee. For used commercial vehicles, the mileage given is only indicative and without any guarantee.
All possible costs relating to the homologation of vehicles, both in Belgium and abroad, are to be borne by the purchaser, unless the seller stipulates otherwise on the order form.
Trucks MPH declines all responsibility for the homologation files, the buyer being responsible for the feasibility of the homologation of the vehicle with the official authorities.
6. Transfer of ownership and risks
The transfer of ownership takes place upon full payment of the price. The risks relating to the vehicle shall be borne by the buyer.
7. Payment
The total price or the balance shall be paid in cash at the time of delivery, unless explicitly agreed otherwise. In the event of failure to do so, the amount not paid on the due date shall automatically and without notice of default bear interest at the legal rate. The vehicle remains the property of the seller until the price has been paid in full. If payment has not been made within seven days of the sending of a formal notice by registered mail, the seller may cancel the sale by registered letter addressed to the buyer. In this case, the buyer shall owe the seller, in addition to the aforementioned interest, compensation for the damage incurred, equal to at least 10% of the agreed sale price, excluding VAT, with a minimum of €250. In the case of sales on the margin, the 10% shall be calculated on the amount including VAT.
In the case of export sales, a simple notification by email or other means of communication will suffice to unilaterally cancel the sale.
8. Applicable law and jurisdiction
The present sales contract is governed by Belgian law and only the Belgian courts of the district of Brussels are competent to hear any disputes to which its interpretation or execution might give rise.
9. Data processing and data protection
The information and personal data provided by the customer are necessary for the preparation and execution of the contract and are used for the processing and execution of orders, the performance of services and for invoicing. This data is also used to make relevant commercial offers and for information about our company. If you do not wish to receive mailings or e-mails from us, please inform us in writing and we will take your wish into account. Personal data is treated with the utmost care. Our databases are well secured and our working methods have been harmonised with the requirements of the GDPR. We only pass on your data to third parties with whom we are contractually bound or to whom we have a legal obligation. The customer has the right to access, modify or delete their data. For information about the General Data Protection Regulation, please visit the DPA website (www.autoriteprotectiondonnes.be).
The buyer acknowledges having read and accepted the general terms and conditions.