GENERAL CONDITIONS OF SALE AND INSTALLATION

 

Article 1 – General provisions relating to the general conditions

 

The fact that any customer orders an installation offered for sale entails full acceptance of these general conditions, of which he explicitly acknowledges having read prior to the conclusion of the contract.
 

In the event of modification of the general conditions, the general conditions applicable to the contract remain those which were in force on the date of its conclusion.

 

If one or more clauses of these general conditions are held to be invalid or unenforceable by virtue of a legal or regulatory provision, the other clauses will remain valid.

The parties will endeavor to replace invalid clauses with valid clauses of equivalent effect.

 

In the event of a conflict between a clause contained in the offer and a clause contained in these general conditions, the first will prevail.

 

Any waiver of any right in connection with the Contract or these Terms and Conditions is not effective unless made in writing signed by the waiving party.

 

Article 2 – Pre-contractual information

 

If he is a consumer, the customer acknowledges having had communication, prior to the conclusion of the contract, in a clear and understandable manner, of the general conditions of sale and of all the information and information referred to in article VI-2 of the Code of Economic Law, and in particular:

 

- the main characteristics of the installation;

- the identity of Wanit, in particular its business number, its form, its corporate name, the address of its registered office and, where applicable, of its place of business, and its telephone number;

- the total price of the installation including all taxes, and all the services to be paid obligatorily in addition;

- the terms of payment, delivery and performance, the date on which Wanit undertakes to deliver the product and the terms provided by it for the processing of complaints;

- in addition to the reminder of the existence of a legal guarantee of conformity for the goods, the existence of an after-sales service and commercial guarantees, if applicable, as well as the related conditions;

- where applicable, the duration of the contract, or, if it is an open-ended or automatically renewable contract, the conditions for terminating the contract;

- where applicable, the conditions of sale taking into account the need for information expressed by the consumer and taking into account the use declared by the consumer or reasonably foreseeable;

- where applicable, the functionalities of the digital content, including the applicable technical protection measures;

- if applicable, any relevant interoperability of the digital content with certain hardware or software and other services of which the company is or should reasonably be aware.

 

Article 3 – Price

 

The price is the one indicated in the accepted offer. It was set on the basis of information given to Wanit by the customer. Wanit reserves the right to modify it if the information given to it proves to be incomplete or inaccurate.

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Article 4 – Essential characteristics of the equipment sold and installed

 

The characteristics of the installation sold are detailed in the offer. The photographs presenting the installations are not contractual. Any slight differences in color and minimal variations in the design of the equipment that do not call into question its essential characteristics cannot prevent its acceptance or justify a price reduction.
 

Article 5 – Offer and acceptance

 

The period of validity of an offer is one month from the date on which it was sent to the customer. If the customer makes one or more modifications before acceptance, Wanit reserves the right to refuse them or to propose a new offer which will again specify its period of validity.

 

The acceptance of the offer by the customer is materialized by the signature of the offer. The signed offer must be sent by the customer before the expiry of the period of validity of the offer. The order will only be processed upon receipt by Wanit of the payment of the deposit, if it has been agreed that one will be paid.

 

Article 6 – Installation – Acceptance

After receipt, where applicable, of the payment of the deposit, the date of placement and commissioning of the installation is fixed by mutual agreement with the customer who must release access so that the installers can work in a clear environment.

Acceptance results from the signature by the customer of the report drawn up for this purpose after commissioning. In the absence of a reservation issued at this time, approval will be granted and Wanit's liability cannot be called into question for any apparent defects affecting the installation.

 

Article 7 – Invoicing – Payment

 

All orders will be invoiced in accordance with the terms of the accepted offer unless there is a substantial change in the conditions for carrying out the work by the customer. The invoice will be paid in cash upon receipt of the invoice.

 

Any sum not paid on the due date will automatically bear interest at the rate provided for by the law of 2 August 2002 relating to the fight against late payment in commercial matters, without prejudice to Wanit's right to pursue the resolution of the contract and the return of the hardware installed.

 

Article 8 – Retention of title

 

Wanit retains ownership of the equipment until full payment of the price.

 

The customer (owner or user) agrees, without claiming any compensation, to waive the right of access provided for in articles 551 and following of the Civil Code and any claim on the installation.

 

The risks of deterioration or disappearance are the responsibility of the customer who will ensure his civil liability in this respect by adequate cover. Deposits may be retained to cover any losses.

 

Article 9 – Responsibilities

 

The customer declares and guarantees that the building on which the installation will be placed is in a good state of maintenance, which implies at least that it can be used for the implementation and operation of the installation. The customer also warrants that he has obtained all necessary authorizations for the placement of the installation.

The installed equipment has undergone in the workshop all the tests required with regard to the state of the art. The customer was nevertheless duly informed before the order that it was a prototype so that Wanit is not able to guarantee that it is free from hidden defects.

 

Wanit therefore incurs no liability for hidden defects, structural or functional, that the tests carried out in the workshop would not have made it possible to detect.

 

In the event of the occurrence of a defect, the customer will inform Wanit without delay so that it can take the required corrective measures as quickly as possible, without the customer being able to claim any compensation due to the unavailability of the installation. .

 

Wanit cannot be held liable in the event of non-performance or poor performance of the contract due to the fault of the customer, to the fault of a third party or to a case of force majeure. Wanit cannot be held liable for damages due to defective equipment or objects present at the customers premises.

 

Wanit declines all responsibility in the event of the impossibility of performing the contract when this total or partial impossibility results from erroneous or incomplete information provided by the customer.

 

Article 10 – Insurance

 

The customer must insure his civil liability and that of the persons for whom he is responsible with regard to third parties, including Wanit, with a first-rate company. He will have to insure the building for a sufficient amount in terms of fire, water and storm damage with a leading company.

 

The customer must have taken out, at the latest when accepting the offer, an insurance policy covering the risks associated with the intervention of a third party in the building where the installation will be carried out.

 

The customer undertakes to provide an insurance certificate at the first request of the Service Provider.

 

Article 11 – Care and maintenance

 

The customer will regularly carry out a visual inspection of the installation, its cleaning and the checks recommended by Wanit.

 

He undertakes not to implement constructions or plantations likely to create shade or otherwise reduce the performance of the installation.

 

Article 12 – Green certificates

 

The customer will be responsible, if necessary, for obtaining green certificates or other aid granted by the public authorities.

 

Wanit incurs no liability in this regard.

 

Article 13- Intellectual property

 

Wanit is the holder of the intellectual property rights on the installations delivered as well as on the graphic elements (including, without limitation, the photographs, the graphic charter and the logos) and text used in particular on its website.

 

Any representation, reproduction, modification, denaturation and/or total or partial exploitation of the protected elements, by any process whatsoever and on any medium whatsoever, without the express and prior authorization of Wanit, is prohibited and constitutes an act of counterfeit liable to civil and criminal prosecution.

 

Article 14 - Protection of personal data

 

The client provides Wanit with personal data (contact details, information relating to his habitat) with a view to concluding the contract and during its execution. This information collected from the customer is grouped together in a computerized file managed by Wanit and is processed for the purposes of:

- to respond to requests for contact and quotes;
- to manage the orders, in particular for their delivery, their installation, their invoicing etc. ;
- to manage the after-sales service.

This data may be communicated to Wanit employees and any subcontractors in a secure manner for the purposes of performing the contract. Appropriate physical, technical and organizational precautions are taken to ensure their security and confidentiality in order to protect them against loss, accidental destruction, alteration and unauthorized access.

The data retention period, the processing purposes and all the conditions under which they are collected, managed and processed are described in the Personal data processing and retention policy which can be consulted on the Wanit website.
 

Article 15 – Election of domicile

 

For the execution of the contract and its consequences, the parties elect domicile at the addresses indicated on the order form, until notification of another address in Belgium.

 

Article 16 – Notices

 

Notifications between parties will be validly made by registered mail, by fax or by e-mail, these last two modes of communication having to be accompanied by a positive transmission report.

Article 17 – Applicable law and language

 

This contract and the general conditions of sale governing it are subject to Belgian law. They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

 

Article 18 – Settlement of disputes and territorial jurisdiction

 

The parties will use their best efforts to amicably resolve any dispute that may arise regarding the conclusion, execution, interpretation or dissolution of the contract.

 

If they fail to do so, the courts of Brussels will have sole jurisdiction to hear it.

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