1. General
These general conditions apply to all quotations, order forms, invoices, and deliveries by Autobedrijf Naessens BV with its registered office at Meensesteenweg 90, 8500 Kortrijk and enterprise number 0840.558.250 (‘Autobedrijf Naessens’), unless expressly provided for otherwise, and exclude the conditions of the contracting partner (‘the Customer’). Autobedrijf Naessens supplies to both companies (‘Company/Companies’) and any natural person acting for purposes unrelated to their professional or commercial activity (‘Consumer(s)’).
2. Offers, quotations, and order forms
All offers and quotations are without obligation and will apply, subject to the availability of stock, for a maximum of two days.
An order form must be regarded as an agreement of which these conditions form an integral part. The Customer is deemed to have taken note of the order form and its conditions, including the car’s description, on or before the date of its acceptance.
Characteristics considered essential for the Customer must be expressly mentioned on the order form.
Unless expressly stated otherwise, the price specified on the order form cannot be changed with respect to the Consumer and, where applicable, includes all services provided for the purpose of putting the car into operation. Unless stated otherwise on the order form, the rims shown on the car are not included in the price and are thus optional.
Every order form is deemed to have been signed at Autobedrijf Naessens’s registered office.
3. Delivery
Unless stated otherwise in writing, the place of delivery is Autobedrijf Naessens’s registered office.
In principle, Autobedrijf Naessens specifies the latest delivery date on the order form. If no date is specified, delivery is deemed to occur immediately on the Customer’s simple request. The delivery date for Companies is indicative.
When a new car is purchased, Autobedrijf Naessens reserves the right to deliver a model that could differ slightly from the model ordered, but which meets all the Customer’s requirements.
If the car is not delivered by the final delivery date, the Consumer may only: either (i) terminate the agreement if the delivery date is essential for the Consumer and that has been expressly included in the order form; or (ii) in other cases, propose a new delivery period adapted to the circumstances and, if the car is not delivered by the expiry of this new period, terminate the agreement. If the agreement is terminated in this manner, Autobedrijf Naessens must return the advance payment to the Consumer within five working days.
If the Customer refuses to take delivery of the car on the stated delivery date in return for full payment, Autobedrijf Naessens will give the Customer a notice of default in writing, requesting the Customer to fulfil their obligations within two days of the notice of default being sent. If the Customer still fails to fulfil their obligations, Autobedrijf Naessens may either demand specific performance of the agreement or terminate it with immediate effect. In the agreement is terminated in this manner, Autobedrijf Naessens will be entitled to fixed compensation equal to the advance payment, subject to a minimum of 15% of the agreed price, excluding storage charges estimated at €50.00 a day. Unless stated otherwise, this compensation also applies if the Customer wishes to cancel an agreement. This compensation is reciprocal regarding the Consumer. Unless stated otherwise, Autobedrijf Naessens warrants that the car is ready for use.
Unless the Customer objects in writing, visible defects of which the Customer was aware or could have been aware on delivery will be deemed accepted at the time of delivery. This acceptance also covers compliant delivery.
4. Warranty
4.1. For Consumers
Under Article 1649quater of the Belgian Civil Code, the statutory warranty period for the purchase of new cars is two years. The statutory warranty period for the purchase of used cars is one year. The warranty only applies if the defect has occurred in the territory of the European Union (including Switzerland, Andorra, Liechtenstein, and Monaco) and if the car is in Belgian territory when the Consumer claims Autobedrijf Naessens’s intervention in connection with the statutory warranty. Autobedrijf Naessens cannot be released from its liability for hidden defects of the car, insofar as the requirements under these conditions have been fulfilled.
If the Consumer wishes to rely on the warranty, they must notify Autobedrijf Naessens in writing within a reasonably short period (one month) from when they could or should have discovered the hidden defects, or otherwise risk forfeiting their rights. As the Consumer has a duty to limit damage, the statutory warranty might not over additional damage that could have been avoided.
If the Consumer wishes to have the car repaired, Autobedrijf Naessens must perform these repairs in the first instance. However, this does not mean that the above statutory warranty would be invalidated if another repairer repairs the car, provided that the repairs are carried out under the manufacturer’s instructions.
4.2. For Companies
Autobedrijf Naessens is not liable for any hidden defect if it proves that its unawareness of such a defect could not be avoided or proves that it communicated the existence of this defect to the Company. However, Autobedrijf Naessens will always be liable for a hidden defect if it was aware of it and failed to report it to the Company in bad faith.
The Company must report any hidden defects to Autobedrijf Naessens immediately and no later than within a short period after discovery of the defect (14 days), or otherwise risk forfeiting its rights.
If the Company operates in the same sector as Autobedrijf Naessens, Autobedrijf Naessens will never be liable for any hidden defect unless it was aware of it and failed to inform the Company in bad faith.
4.3. General
Unless stated otherwise, Autobedrijf Naessens undertakes to deliver a car that is ready to use and drive. However, it will not be liable for any non-conformity/defect resulting from age, wear and tear, abnormal use of the car, negligence, lack of maintenance and/or poor maintenance by the Customer.
The warranty does not cover services, adjustments, tightening and other preparations required for the normal use of the car, or the parts and components normally replaced during the manufacturer’s prescribed services. The warranty does not cover normal wear and tear of the car including, but not limited to, brake linings, brake pads, brake drums, exhaust system, shock absorbers, drive belts, filters, spark plugs, clutch, fuses, control cables, windscreen wipers, tyres, battery, upholstery, and so on. The warranty also does not cover the consequences of damage to glass, lamps, reflectors, headlights, exterior mirrors, door and lock fittings, any fluids, towing costs, and so on.
The Customer acknowledges and accepts that Autobedrijf Naessens may rely on the exceptions and exonerations that its manufacturer/supplier may rely on against it.
If any defect and/or non-conformity occurs, preference must be given in the first instance to performance in kind unless this would be impossible or disproportionate. The Customer may opt for a price reduction in the second instance.
The Customer may always opt to extend the warranty, without prejudice to the statutory warranty.
5. Liability
Autobedrijf Naessens is not liable for minor errors made during the performance of the agreement with respect to the Customer.
Its liability is also limited to the value specified in the invoice.
Any claim based on Autobedrijf Naessens’s liability will lapse by operation of law in respect of Companies if it is not brought before the competent court within six months of the Company becoming aware of the underlying facts of that claim or of when it could reasonably have become aware of those facts.
Autobedrijf Naessens can never be held liable for indirect losses, including, but not limited to, lost income, loss of profits, loss of custom, or consequential damage of any other kind.
6. Transfer of ownership
Ownership is transferred when the car is delivered to the Customer. The risks are also transferred at this time.
In all circumstances, ownership of the goods sold are transferred to the customer only on full payment of the goods and any accessories. This article applies to any form of concurrent arrangement. The risks attached to the goods are also at the Customer’s expense as soon as they are made ready for collection.
Notifications concerning financing serve only as information for Autobedrijf Naessens and never constitute a condition precedent under which the agreement was concluded.
7. Payment
Autobedrijf Naessens may not demand an advance payment from the Consumer that exceeds 15% of the selling price of the car.
The full price/balance must be paid, by transfer, to Autobedrijf Naessens’s account on or before the delivery of the car. If payment is not made on time, a new appointment will be made with very short notice for delivery. If payment is still not made on time, Autobedrijf Naessens may terminate the agreement immediately without owing any compensation to the Customer. Autobedrijf Naessens will retain the advance payment under the provisions of Article 3.
If payment is not made on time, the Customer must pay default interest at 8.5%, by operation of law and with no further notice, in addition to fixed compensation of 10%, subject to a minimum of €150.00. This provision does not exclude any additional compensation or costs (such as storage charges). Late payments are calculated first on the increases and only then on the principal.
Objections to an invoice must be made within eight days of its receipt by registered letter to the address of Autobedrijf Naessens’s registered office.
An invoice for car maintenance services must be paid on the due date.
8. Maintenance/repairs
8.1. Performance
Autobedrijf Naessens will perform maintenance/repair services to the best of its ability and is therefore bound by a best-efforts obligation. The stated completion period is purely indicative, subject to any mandatory statutory provision. A delay in performance cannot give rise to cancellation of the maintenance/repairs or any compensation. A replacement car can be arranged at a charge, but the Customer bears full responsibility for duly informing their insurance company of any replacement.
Force majeure or unforeseeable circumstances beyond Autobedrijf Naessens’s control will suspend the completion period.
8.2. Cancellation
Autobedrijf Naessens may cancel the maintenance/repairs, with immediate effect and no notice of default or compensation, if the Company fails to pay, the Company petitions for bankruptcy or is declared bankrupt, the Company is liquidated, or it ceases its activities. This right also applies by analogy in favour of the Consumer.
9. Takeover of car
If the order form mentions the takeover of a car belonging to the Customer, the takeover is subject to the delivery of the car that is the subject of the sale to the Customer, as well as the proof that the Customer is the owner of that car and may freely dispose of it. The Customer must thus demonstrate that all obligations relating to any financing have been fulfilled and that the car cannot be subject to any form of attachment. Insofar as necessary, the Customer will indemnify Autobedrijf Naessens for this purpose.
The value of the car to be taken over, agreed when the order form for the car that is the subject of the sale to the Customer is signed, is final provided that the condition of the car when delivered by the Customer corresponds to its description on the order form or on a document that forms an integral part of this order form.
10. Documents
In any case involving the Consumer, a document is attached to the order form with a description of the car.
11. Disputes
The invalidity of all or part of a provision has no effect on the validity of all or part of the remaining provisions.
The courts of the judicial district in which Autobedrijf Naessens has its registered office have sole jurisdiction to hear any dispute unless other mandatory statutory provisions apply. Belgian law always applies. The Vienna Sales Convention is expressly excluded.