These general terms and conditions of sale are valid on all offers, confirmations of orders and agreements between DIAZ SUNPROTECTION NV (hereinafter referred to as DIAZ) and the customer. Every order automatically states the acceptance of these conditions by the customer.
Offers are without obligation. All prices specified in the quote shall only bind DIAZ upon written confirmation. DIAZ is not bound by orders recorded by staff members of DIAZ. Non acceptance of an order does not give right to any refunding.
DIAZ accepts no liability for any inaccuracies in the measurements specified by the buyer as to which no verification was requested.
The buyer agrees to strictly follow the European Norms considering Child Safety (including either not restrictive: EN 13120, EN 16433, EN 16434). DIAZ is not liable for any damage incurred by installation, use of sun protection, window decoration, … contradictory to these European Norms. DIAZ accepts no liability if the installation height isn’t mentioned by the buyer when placing an order, due to any violation against these European Norms.
All goods are shipped on the risk of the addressee, DIAZ is not liable for any delay, shortage and/or damage incurred during transport.
Delivered goods are not taken back and will be replaced only upon written approval from Diaz. If processing and/or mounting goods with visible flaw, the buyer will not be able to claim any compensation if these flaws were not reported in written to DIAZ within 5 days after delivery, and that were accepted by DIAZ. All claims received after this 5-day period will not be accepted, and any replacement product required outside this 5-day period is charged at full cost.
Any date of delivery specified by DIAZ is only an estimate and is not binding. Delivery of the products after the specified date of delivery do not entitle the buyer to cancel the agreement or make a claim for damages by reason of the delay.
Changes made to the order or additional work required that is accepted by DIAZ will result in a cost increase. The buyer accepts the cost increase as calculated by DIAZ.
Orders may be cancelled by the buyer only upon written approval from DIAZ and upon payment of 30% of the total order price, without prejudice to the right of DIAZ to prove that the damages sustained exceed this value and recover the higher amount accordingly.
If the buyer fails to meet the obligations set forth in the agreement, DIAZ reserves the right to cancel the agreement in part or in full, ipso jure and without prior notice. In this event, DIAZ reserves the right to either claim the full amount at once or suspend all activity and recover the goods delivered, in which case DIAZ is entitled to claim damages to the amount of 30% of the total order price.
Outstanding invoices are only considered discharged if “Paid in full to DIAZ SUNPROTECTION NV” is added in writing, dated and signed by DIAZ.
Complaints regarding invoicing must be sent to DIAZ by registered mail within 8 calendar days from the date of the invoice. Invoices are deemed to have been accepted if they are not protested by registered mail within the stipulated term. Complaints submitted in any other way shall not be taken into consideration.
All invoices are payable in cash at our address in Tielt, unless stipulated otherwise. In the event of non-payment of the amount on the invoice within the term stipulated, the following shall apply ipso jure and without prior notice of default: a) interest charges at a rate of 12% per annum of the invoice amount, and b) a flat-rate compensation for damages comprising, on the one hand, an amount of 15% of the invoice amount to cover out-of-court expenses, and on the other hand, legal expenses including litigation, costs. Non-payment of an invoice within the term stipulated or agreed upon shall automatically render invalid any discounts and shall render all other outstanding invoices, even if not yet due, payable at once.
As long as the due amount is not paid in full the goods delivered remain the property of DIAZ and can be reclaimed by DIAZ.
Any dispute shall fall under the exclusive jurisdiction of the courts of the judicial district of DIAZ.
All systems manufactured by DIAZ meet stringent quality specifications. Our products are covered by a 2-year warranty from the date of invoice. The warranty covers repair costs, which includes the working hours required for the repair as well as parts. All other expenses such as transport costs, installation costs, assembly and/ or disassembly costs are not covered by the warranty. The warranty does not cover the condition of the product or damage to the product caused by accidents, changes, weather conditions, abuse, maintenance or cleaning. Shrinkage, discoloration or warpage are never covered by the warranty.
The warranty is exclusive and in lieu of all other warranties, liabilities and obligations. Under no circumstances can DIAZ be held liable or responsible for incidental or consequential damage nor for any direct or indirect damage, loss, expense or fee.
As part of a service that caused damage, as well as the liability both contractual as outer contractual liabilities will in all cases be limited to 50% of the amount invoiced to the client for this service or these products, which have already been paid by the buyer.
