GENERAL SALES CONDITIONS 2022

ORDERS

By any order placed with LOTRONIC SA, the buyer accepts in full and without any exception these sales conditions and the applicable price list. They exclude the general sales and purchase terms of the buyer. The first order will be supplied at cash on delivery or payment before shipment of the goods and after the fulfilment of the usual formalities, and includes without restriction the acceptance of the clause of property reserve.

 

DELIVERIES & BACKORDERS

The delivery times are only an indication and not a commitment of LOTRONIC SA. A delay in delivery does in no case entitle the customer to indemnities of any kind. A delay in delivery will in no case cancel the order without prior agreement of LOTRONIC SA.

A case of major force suspends the execution of our obligations without prejudice for LOTRONIC to choose the simple cancellation of the contract, without any indemnities and interest. Eventual prepayments will be reimbursed.

The goods are shipped at the risk of the recipient even if the goods have been shipped at our charge. The recipient has to make all necessary reserves in case of damages or missing products (upon reception in presence of the forwarder) with the forwarding agent who is sole responsible and has to make all legal claims within the legal deadlines.

Except for hidden defaults, no claim is receivable if it has not been notified by registered letter with acknowledgment of receipt within 48 hours after receipt of the goods.

Backorders are generally cancelled except the customer asked expressly to keep them. Available backorders are added to the following orders.  

 

PRICE LIST & Free delivery

Free delivered condition must reach minimum order value without out-of-stock value.

For United Kingdom : MOV is 800 GBP as per order to be processed.

For other countries : MOV is 1000€ as per order to be processed. 

If our prices are EXW (Ex Works) our warehouse in Belgium. The transfer of ownership of the goods from LOTRONIC SA to the customer takes place when the goods leave the LOTRONIC loading bay. Customs and any other related fees are the responsibility of the customer.

Our prices are not contractual and can be changed at any time without prior notice depending on the development of the items that enter into the calculation of the prices. A variation of the exchange rates can cause an immediate price change without prior notice. Only the valid price at the moment of delivery is applicable.


PAYMENT TERMS

Decrease of bank coverage will have on consequence to cancel without any notification all kind of sales agreement including special prices, distribution contract, cooperation agreement, shipping cost agreement, etc.

The invoices are payable to the address of the seller, net by cash without any discount except otherwise agreed at the placement of the order, or at 30 days provided that the file has been accepted by the credit insurance and the Management of LOTRONIC SA.

Lotronic reserves the right to transfer all or part of its receivables to a factoring company.

Any invoice that is not paid at the due date will be charged at an interest rate of 0.5% per month without prior notice or reminder, and increased by 10% of the invoiced amount for administration cost with a minimum of 40 Euros.

We are entitled to put on hold any further deliveries until the full payment of the overdue amounts.

In case of insufficient bank coverage or no payment at the due date, all outstanding invoices become due regardless of the payment facilities that LOTRONIC SA may have granted.

If the credit of the buyer is worsening, we are entitled to claim from the buyer the guarantees that we consider necessary to the fulfilment of the commitments, even after a partial shipment of an order. The refusal to satisfy our demand entitles us to cancel all or part of the deal.

Any dunning procedure initiated by Lotronic to get the payment of the due amounts will be invoiced 15 Euros to the customer debtor. This amount will be automatically added to the debt.

 

CLAUSE OF PROPERTY RESERVE

The delivered goods remain the exclusive property of the seller until their full payment plus eventual interest and costs. However, the risks are supported by the buyer per the day of delivery. If the registered letter claiming the payment remained without effect during eight days, the goods must be sent back to us immediately upon our simple request at the cost and risk of the customer who commits himself to this. The instalments can be kept to cover eventual losses at the re-sale of the goods. 

This clause does not consider as a payment the remittance of a title creating an obligation to pay.

LOTRONIC SA does not authorize its client to market the entire assortment of LOTRONIC SA brands on external online sales platforms such as Marketplace, in particular BST & AFX as well as the "Port" ® range from IBIZA without written permission from Lotronic.

LOTRONIC SA prohibits its resellers from posting selling prices on websites or marketplaces whilst the reseller has no stock or has never ordered the product.

 

WARRANTY

LOTRONIC SA goods are under warranty for a period of 2 years (excluding lamps, batteries, leads, sprays and consumables) from the date of sale to the end consumer onwards. Improper handling or use, false installation, modifications and/or external damages are excluded from this warranty. This warranty is does not apply for exw price .

The RMA procedure “Return of Goods” of LOTRONIC SA must be accompanied individually by a specific document transmitted to every customer when he opens his account. It is available on simple request and will match the specific agreements that have been made with every customer.  

The warranty covers all deficiencies except the following:

It does not cover deficiencies due to impacts, crashes, falls, liquids penetrating electrical parts, installation errors, mistakes of the user, misuse or use in contradiction with the instructions in the manual, transport or shipment conditions, use of accessories and/or spare parts not distributed by LOTRONIC SA, lack of maintenance or presence of foreign objects inside the housing.

Moreover, the warranty does not cover the replacement of wearing parts, batteries or consumables.

Finally, the warranty does not apply if the deficiency or breakage is not due to a defect in design or material.

The warranty does not apply to equipment that has been disassembled, even partially.

LOTRONIC SA cannot be held responsible for direct or indirect damages due to the disrespect of the conditions of use as described in the manual, to transport or shipment conditions, the use of accessories and/or spare parts not distributed by LOTRONIC SA, a lack of maintenance or the presence of foreign objects.

LOTRONIC SA cannot be held responsible for direct or indirect damages due to an external cause as e.g. a thunderstorm or works on the electrical network. 

For distributors

The Distributor ensures at his own cost the warranty rights of the Products that he sells on his Territory. 

The Supplier commits himself to supply spares in reasonable quantities at no charge to the Distributor except usual components (resistors, condensers, …).

The spare part orders will be handled by the technical department of the Supplier and sent from Paris.

DOA:  All the devices dead on arrival must be notified within 15 days after Distributor delivery  

 

CREDIT NOTES AND REPLACEMENTS

No goods can be returned without our prior written agreement. The customer has to ask for a return authorization (RMA procedure, see art. 6) which has to be added to the shipment together with a copy of the purchase invoice of the end consumer.

Regarding returns for credit requested by the customer, a discount of 10% can be applied to cover the administration cost. The goods must be new and in perfect selling state. If this is not the case, a reduction of 50% of the price will be applied. Our company rejects the reception of unpaid carriage shipments.

 

COMMERCIAL COMMITMENTS

Any commitment made by the sales force or a member of the staff of LOTRONIC SA granting a discount, rebate, refund, commercial cooperation, marketing budgets or increasing the payment term above the usual terms indicated in article IV is only applicable if it is accepted expressly by a legal representative of the company LOTRONIC SA or any other authority with ad hoc delegation of power.

 

CANCELLATION

We reserve the right to stop any supplies and to cancel any current deal in case of non-payment of an invoice or in case of a change in the buyer’s situation such as death, incapacity, dissolution, precarious financial situation, bankruptcy, etc...

 

INTELLECTUAL PROPERTY

All intellectual rights associated with the products delivered by LOTRONIC SA (trademarks, copyrights, patents, designs, models, etc. - the "Intellectual Property") are held by LOTRONIC SA as owner and / or licensee. The sale of products by LOTRONIC SA does not involve any transfer, license, right of use, etc. on Intellectual Property.

No alteration, reproduction, or use of the Intellectual property (including the use of Intellectual property for advertising or promotional purposes) is permitted without the prior written agreement of LOTRONIC SA. Thus, any project of coupon, promotion or advertising in general - including by electronical means or through a website - must be submitted to the prior written approval of LOTRONIC SA.

LOTRONIC SA reserves the right to stop, on simple written request that the customer agrees to implement without delay, any unauthorized use of Intellectual Property by the customer. The customer guarantees LOTRONIC against any claim, damage, expense or cost claimed by a third party and caused directly or indirectly by the unauthorized use of Intellectual Property by the customer.

The customer has to report immediately to LOTRONIC SA (i) any potential infringement by third parties to the Intellectual Property and (ii) any action by a third party against the customer whereby it is alleged that the Intellectual Property infringes the intellectual rights of that third party. In these two cases, the customer will act, defend or compromise until after prior consultation and with the agreement of LOTRONIC SA, who will have the right (but not the obligation) to take control of the litigation.

  

JURISDICTION

The Belgian Law applies to all contracts and agreements. In case of litigation, only the Court Houses of Brussels are competent. 

The place of delivery or the mode of payment can not change anything to this formal attribution of jurisdictional competence.