GENERAL SALES CONDITIONS

LEON JANSSEN EN CO BV, a limited liability company under Belgian law, with registered office in 9000 GENT ( Belgium), Vliegtuiglaan 7 and registered in the Crossroads Bank for Enterprises with enterprise number 0419.199.356 (hereinafter referred to as “LEON JANSSEN EN CO BV “ ) is a company specializing in the sale of undercarriage parts, rubber tracks and wear parts for earthmoving machines and the overhaul of machines. The customer may be any natural or legal person who comes into a contractual relationship of any kind with LEON JANSSEN EN CO BV within the scope of his or her trade, business, craft or profession (hereinafter referred to as the “Customer”).

1. Scope of application
Without prejudice to the application of any special terms and conditions included in a separate written agreement, these terms and conditions apply to all agreements entered into between LEON JANSSEN AND CO BV and the Customer. The Customer is deemed to have taken note of these general terms and conditions and to accept them by the mere fact of his order. LEON JANSSEN AND CO BV reserves the right to modify these general terms and conditions at any time in line with economic and legal necessities. The new general terms and conditions will automatically enter into force within a period of 10 (ten) working days after notification of the new general terms and conditions to the Customer. However, the Customer shall be entitled to terminate the agreement with LEON JANSSEN AND CO BV, without payment of any compensation, provided that a registered letter is sent to LEON JANSSEN AND CO BV within the stipulated period of 10 (ten) working days after notification of the new general terms and conditions to the Customer. The application of the general terms and conditions of LEON JANSSEN AND CO BV excludes the application of any other (general or special) terms and conditions of the Customer.

2. Agreement
Unless otherwise stated in writing, the quotations of LEON JANSSEN EN CO. BV that it addresses to Customers by way of information and do not bind it as such. Any transferred order commits the Customer but only commits LEON JANSSEN EN CO BV after written confirmation of it. All quotations of LEON JANSSEN EN CO BV are made on the basis of the Customer’s data. Any change in data may trigger a revision of the terms such as included in the quotation. Between LEON JANSSEN EN CO BV and the Customer, an agreement is only concluded after either (i) the signature of the quotation by both parties within the stated period of validity of the quotation, or (ii) the written confirmation of an order by LEON JANSSEN EN CO BV, or (iii) by execution of an order by LEON JANSSEN EN CO BV . LEON JANSSEN EN CO BV is entitled to demand payment of an advance of the agreed price, as stipulated in the quotation or otherwise, in which case a contract shall only be concluded after the full payment thereof.

3. Return right
– Conditions to return (refund) parts:

• Within 8 days of delivery receipt, you must notify one of our staff members that you wish to return parts
• Return costs are 15% of the selling price with minus 50 euros excl VAT
• Used and/or assembled parts cannot be returned
• Electronic parts and electrical components cannot be returned
• Parts purchased especially for you cannot be returned
• If the return of items arises through the actions of Leon Janssen en Co BV or one of its of its employees or if it concerns the exchange of parts, it is possible to deviate deviate from the terms and conditions

• If you wish to return a received part, you must notify the branch where you purchased the material within 8 days of receipt
• Parts must be packaged properly and, as much as possible, in the original packaging and bear the return number
• Parts can be delivered in person or delivered by mail or parcel service to our branch in Ghent.

4. Price
Unless the parties agree in writing on a different compensation arrangement, LEON JANSSEN AND CO BV provide the goods and/or services at the price agreed in the confirmed quotation or confirmed order between LEON JANSSEN AND CO BV and the Customer. The prices in catalogues and/or price lists of LEON JANSSEN EN CO BV are indicative and can are subject to change without prior notice. A quotation made by our account manager is binding only after written confirmation by our office in Ghent. The price is made on the basis of the data in the possession of LEON JANSSEN AND CO BV. It is the Customer’s responsibility to provide all data to LEON JANSSEN EN CO BV that are necessary to necessary to establish the price, and furthermore that the data provided in are correct in this context. If it turns out afterwards that the data provided by the Customer, based on from which the price was arrived at were not correct or have since been changed, this will give rise to give rise to a review of the award. LEON JANSSEN EN CO BV reserves the right to adjust prices if between the time of the formation of the contract and the time of its execution the cost demonstrably increased due to changes in one or more of the cost drivers (with including but not limited to energy and labor cost prices) or pursuant to measures of own or foreign governments. Prices do not include VAT and the costs associated with the intervention of third parties. involves, such as but not limited to transportation costs.

5. Invoicing
LEON JANSSEN EN CO BV reserves the right and ability to invoice electronically. invoicing.

6. Payments
Unless expressly stated, our invoices are payable at Gent,max.30 days after invoice date. Non-payment by the due date shall automatically and without interest of 1% per indivisible month. The defaulting buyer notice to pay all sums due within 8 days. pay. If he does not comply with this reminder, they will be increased by a fee of 15% with a minimum of €40.00. This fee is irreducible. All objections must be stated within 8 days of delivery. The goods travel at the risk of the buyer. In case of dispute, only the courts of Ghent authorized. Court and execution costs shall be borne by the losing party. Subject to written agreement we do not accept deduction of discount for cash payment. All taxes, duties and transportation costs are always at the buyer’s expense.

7. Delivery
Unless otherwise agreed in writing, our quoted delivery times are always indicative but never binding. Delay in delivery will only give cause to terminate the agreement with LEON JANSSEN EN CO BV if this is on agreed in advance and in writing. Agreed deadlines are in any case extended pursuant to any delays attributable to a third party and/or the Customer. Unless otherwise agreed in writing, all our deliveries are made from the warehouse at GHENT BELGIUM. The method of transportation, shipping, packaging and the like will be determined by LEON JANSSEN EN CO BV determined. However, the risk of storage, transport and delivery rests with the Customer, For which LEON JANSSEN EN CO BV cannot be held liable. If parties have a have agreed different methods of delivery, this different arrangement shall apply only with respect to this to this individual agreement and not to any subsequent agreement between parties. Transportation costs shall be borne by the Customer. Any additional charges or taxes imposed by governments will be passed on to the Customer.

8. Duration and termination
The agreement between LEON JANSSEN EN CO BV and the Customer commences on the date as agreed upon in writing and will terminate when all services and/or goods are provided by LEON JANSSEN EN CO BV were delivered to the Customer and the Customer made all payments due accomplished. LEON JANSSEN EN CO BV has the right to terminate the agreement with the Customer at any time, with immediate effect, without court order, without prior notice of default and without payment of any damages, terminate in the following cases: (i) if the Customer, despite written notice of default in which a period of 10 (ten) calendar days is observed is taken, defaults on payment, (ii) upon cessation of payment or (the application for) a bankruptcy by the Customer, (iii) upon liquidation or cessation of the Customer’s business, or (iv) if the control of the Customer changes. In the event of such termination, LEON JANSSEN retains AND CO BV reserves the right to claim compensation for the costs, interest and damages which LEON JANSSEN AND CO BV has suffered as a result and all claims of LEON JANSSEN AND CO BV on the Customer shall become immediately due and payable.

9. Warranty and complaints
With the exception of sales made as part of special actions (such as but not limited to outlet sales), LEON JANSSEN EN CO BV guarantees That the goods or services will conform to the specifications set forth in the quotation or the confirmed order, taking into account that (unless otherwise agreed in writing stipulated) our samples, drawings, dimensions, weights and other data only as approximate description of our goods apply and that any limited deviations therefrom, of any kind can never be invoked by the Customer to either delay delivery or the refuse payment, or claim severance or damages. The Customer guarantees the inspection of the goods or services delivered for their conformity and visible defects. To be admissible, all complaints concerning a defect in conformity between the agreed goods or services and the delivered goods or services within 10 (ten) calendar days must be communicated by registered mail to LEON JANSSEN AND CO BV . Complaints relating to goods or services provided after delivery by the Customer or a third party have been modified or defects due to Customer or a third party will be not taken into account. In case the delivered goods or services would be defective, the Customer can only claim a replacement or repair, at the discretion of LEON JANSSEN EN CO BV , without that the Customer can claim any form of compensation. The Customer is obliged to LEON JANSSEN EN CO BV to enable the complaint to be investigated and must therefore provide his or her full cooperation. The Customer’s payment obligations shall not be suspended by the submission of a – even apparently justified – complaint regarding the goods or services of LEON JANSSEN EN CO BV .

10. Data Protection
LEON JANSSEN EN CO BV undertakes to keep all personal data. that it receives from the Customer in accordance with legal obligations relating to the processing of personal data, including Regulation 2016/679 of April 27, 2016 on the protection of natural persons with regard to processing of personal data and concerning the free movement of such data. As the controller, LEON JANSSEN EN CO BV processes the personal data of the Customer primarily to fulfill its contractual obligations to Customer and to meet legal and regulatory requirements, as well as to ensure the quality of goods and services of LEON JANSSEN EN CO BV to continue to improve. In certain cases, LEON JANSSEN EN CO BV , in execution of the purposes listed, communicate the Customer’s personal data to third parties. The Customer can always ask LEON JANSSEN EN CO BV to see what data is processed by LEON JANSSEN AND CO BV, to have them corrected, deleted or transferred, or (in certain cases) to object to the processing or to have the processing limit. The Customer also has the right to file a complaint with the supervisory authority. If the Customer wishes more information regarding the privacy policy of LEON JANSSEN EN CO BV , he or she can contact LEON JANSSEN AND CO BV via e-mail ([email protected]) or consult the https://www.janssentrack.be/nl/gdpr#privacystatement of LEON JANSSEN AND CO BV on the website.

11. Use of Cookies
During a visit to the site, “cookies” may be placed on your computer’s hard drive. A cookie is a text file that is placed by a website’s server in your computer’s browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a machine. See separate cookie statement.You can set your Internet browser to not accept cookies, to alert you when a cookie is installed, or to remove cookies from your hard drive afterwards. You can do this through the settings of your browser (via the help function). Please note that certain graphical elements may not appear correctly, or that you will not be able to use certain applications. By using our website, you agree to our use of cookies.

12. Force majeure
If the execution of the agreement cannot take place due to force majeure, the defaulting party will notify the other party within a period of 10 (ten) calendar days after the start of the force majeure situation. Force majeure means the situation in which the performance of the agreement by one of the parties is prevented in whole or in part, temporarily or temporary or otherwise, is prevented by circumstances beyond that party’s control, even if it was this circumstance was already foreseeable at the time of the conclusion of the agreement. Without pursuing exhaustiveness, the following shall be considered cases of force majeure: delays or failure to deliver by suppliers of a party, strike or lockout, fire, riot, war epidemic, flood, electrical, computer, internet or telecommunications failures, governmental decisions or intervention and errors and delays attributable to third parties. In the event that the force majeure situation results in an interruption of performance, the execution period and the obligations of the party concerned shall be suspended by operation of law for the duration of the interruption. In such event, the parties shall make all reasonable efforts to mitigate the effects of the force majeure situation. If the force majeure situation lasts longer than 30 (thirty) days, each party is entitled to terminate the contract without intervention of the court, without the other party being obliged to pay any compensation to the first party can be held liable, with the exception of the costs already incurred by LEON JANSSEN EN CO BV incurred prior to the force majeure situation that will be borne by the Customer.

13. Retention of title
All goods sold by LEON JANSSEN EN CO BV remain property of LEON JANSSEN EN CO BV until the Customer has completely fulfilled his payment obligation, including interest and any damages clause, has been paid. As long as the ownership of the goods has not passed to the Customer, the Customer may not pledge the goods, transfer ownership to transfer security or grant any other right to third parties. Unless expressly provided otherwise, the risk of total or partial loss or destruction of the goods and any associated associated consequential damages upon delivery shall pass to the Customer.

14. Liability
Except in the case of fraud or intentional fault on the part of LEON JANSSEN EN CO. JANSSEN EN CO BV, LEON JANSSEN EN CO BV shall never be liable for or obliged to pay compensation of immaterial, indirect or consequential damages, including but not limited to loss of profits, loss of turnover, loss of income, loss of clientele or third party claims, or any other form of damage. LEON JANSSEN EN CO BV is furthermore never liable for damages that are not follows from a fault on its part, including but not limited to modifications or repairs made by the Customer or a third party. LEON JANSSEN EN CO BV is also not liable for damages which may arise from errors, misprints, etc. which may appear in its offers, letters, catalogs, brochures etc., in which case the Customer shall be entitled to terminate the be entitled to terminate the agreement with LEON JANSSEN EN CO BV by giving notice to this effect. within 10 calendar days of notification of the error. Nor can we, except otherwise agreed in writing, can never be held liable because of the possible unsuitability of our goods for the special purposes for which they were intended by the Customer or his customer intended. The total (contractual and extra-contractual) liability of LEON JANSSEN EN CO BV for direct damages shall at all times be limited to the price paid by the Customer under the agreement in question with the Customer.

15. Intellectual property rights
Neither the contract nor its performance includes, unless written agreement to the contrary, any transfer of intellectual rights (such as but not limited to trademarks and copyrights) from LEON JANSSEN AND CO BV to the Customer. The Customer is not entitled to use text and/or images from the publications of LEON JANSSEN EN CO BV , in any form, modify, copy, distribute, transmit, distribute, reproduce, publish, transfer or sell without the written permission of LEON JANSSEN EN CO BV .

16. Divisibility
If any provision (or part thereof) of these general terms and conditions would be would be unenforceable, void, inapplicable or contrary to any provision of mandatory law, the this shall affect the validity and enforceability of the other provisions of these general conditions not affect. In such a case, LEON JANSSEN EN CO BV and the Customer shall in good faith negotiate to replace the provision in question with an enforceable and legally valid provision that is as close as possible to the purpose and intent of the original provision.

17. Applicable law and competent court
These general terms and conditions are subject to Belgian law. In case of dispute or non-payment, only the courts of Ghent are authorized.