Terms of Sales
(MAINTENANCE, REPAIR, DIAGNOSIS, TIRE, AIR CONDITIONING)
Upon receipt of the vehicle, a repair order is drawn up, on which is indicated, as the case may be, either the details of the work to be carried out, or a quote, or the only receipt of the vehicle pending an order from works. The signing of the repair order by the Customer (or his representative) constitutes the Customer’s consent to the application of these general repair conditions.
The repairer is only responsible for accessories, devices fixed to the vehicle and objects entrusted to reception.
3- ESTIMATE – QUOTE
At the request of the Customer, either an estimate or an estimate of the repairs to be carried out on his vehicle will be drawn up. The estimate is an indication without disassembly, provided free of charge, on the nature of the operations to be carried out and the approximate cost of the repair. The estimate is a detailed and costed list of operations to be carried out with possible dismantling or prior study. The estimate is invoiced if a dismantling is necessary, and will be deducted from the repair invoice if the latter is carried out. None of the repairs deemed necessary by the Repairer will be undertaken by him if it has not been the subject of an agreement by the Customer.
4- EXECUTION OF WORK
The work is undertaken according to the request expressed by the Customer on the repair order. If during the execution of the work, it appears necessary to carry out additional work compared to the estimate, the Repairer must inform the Customer. An additional estimate is established. In the absence of a written agreement from the Client, within 5 (five) calendar days from the date of the communication of information relating to the additional work to be undertaken, it will be deemed refused by the Client, under his responsibility. The Repairer is released from all responsibility if the Customer refuses to order these additional works.
The Repairer is foreign to any dispute, whatever the object, that may arise between an insurance company and the Customer having ordered repairs on his vehicle. The Customer is in any event liable to the Repairer for full payment for the repairs covered by the repair order.
The vehicle delivery deadline is determined according to the possibilities of the Repairer on the date of the repair order. In the event of delay, either due to a lack of supply or in the event of force majeure, the Repairer will inform the Customer of this as soon as he becomes aware of it. The Customer must take delivery of his vehicle as soon as possible after it is made available. Otherwise, a notice of availability will be sent to him, inviting him to collect his vehicle within 5 (five) calendar days of receipt of said notice. All work entrusted to the Repairer is deemed to have been received solely by virtue of the delivery of the vehicle available to the Customer or his agent. The Repairer will mention on the invoice the anomalies of which he becomes aware when the vehicle is delivered. He will commit the Client to immediately remedy those having an impact on the safety of the vehicle. If the Customer refuses to repair, the Customer may be asked to sign a disclaimer for the benefit of the Repairer. The latter declines all responsibility in the event that the Customer refuses to order the corresponding work from him.
7- ALLOWANCE ALLOWANCE
A daily congestion allowance will be invoiced to the Customer, after sending a registered letter serving as formal notice, from the sixth calendar day following: – entry of the vehicle into the workshop, unless the work is ordered before the expiration of this period, – sending the quote, unless the work is ordered before the expiration of this period. – receipt of the vehicle delivery notice available to the customer.
8- REPLACED PARTS
The Customer can see the replaced parts, at his request on the repair order; they can be returned to it, with the exception of those replaced in standard exchange or under warranty. The Repairer can freely dispose of unclaimed parts when the vehicle is returned.
Any sum received from the Customer by the Repairer, under this repair order before delivery of the vehicle, constitutes a deposit to be credited against the amount of the invoice. The invoices are established regardless of the amount of the work, according to the prices in force at the time of the repair order. If parts are ordered specifically before repair, they will be payable in advance when ordering. In the event of prepayment by bank card, a pre-authorization to debit the sum corresponding to the price of the part ordered will be notified to the customer. The debit will be effective on the day the part is made available on our premises. The cancellation of an order, if accepted by the supplier, will give rise to the payment of compensation equal to 25% of the total price of the order as administrative costs. Labor times are billed according to the manufacturer’s scales or time spent. Payment is made in cash prior to the delivery of the vehicle. The vehicle being deemed delivered to the Repairer on deposit, the latter may exercise a right of retention on the vehicle until full payment of the invoice, in accordance with the provisions of article 1948 of the Civil Code. If for specific reasons, payment were to be deferred, it is agreed that the parts appearing on the invoice are sold with a retention of title clause which has the effect of deferring the transfer of ownership of said parts until full payment of the entire invoice. If the vehicle has been deposited by an agent of the owner, the agent will be held jointly with the owner of the vehicle. Unless otherwise stated, payments are made in cash when the invoice is issued or possibly at the due date indicated on it. The customer has the choice to pay either in cash or by cash (Bancontact, Mastercard, or Visa). In the event of late payment, the seller may suspend all orders in progress without prejudice to any other course of action. In the absence of payment of all or part of an invoice, the remaining amount will be increased as of right and without prior notice of interest of 12% per year, any month started being due. In addition, any unpaid invoice will be increased ipso jure and without notice of a fixed and irreducible indemnity of 15% with a minimum of 150.00 EUR.
10- WARRANTY OF SPARE PARTS
The spare parts invoiced to the Customer, mounted on a vehicle, benefit from a contractual warranty of one year, parts and labor from the date of the invoice, against any defect duly noted by the Repairer and the supplier. This warranty covers, upon presentation of the invoice, the exchange of the part recognized as defective or its repair, as well as the labor costs arising therefrom. This warranty does not cover the consequences of normal wear and tear of the part, abnormal use, defective maintenance thereof, nor the costs resulting from the immobilization of the vehicle. In this regard, it is specified that the verification will be carried out free of charge by the Repairer. Supplies and lubricant will be invoiced to the Customer.
This repair order is exclusively governed by Belgian law.
In the event of a dispute, the parties will endeavor to resolve it amicably. If the Client is a merchant, only the jurisdictions on which our head office depends will be competent. If the Customer is a non-trader, the choice of the competent court will be made according to the rules of common law.
12- RIGHT OF RETENTION
In the event of non-payment of the sums due by the Customer for the repair carried out, the Repairer may exercise his right of retention of the vehicle in accordance with article 16-12 of the Civil Code.
13- COLLECTION AND DISPOSAL OF WASTE
The Repairer, in accordance with the regulations in force, collects and disposes of used spare parts and other automotive waste. This service can be billed according to the method or methods displayed at the Customer’s reception location.
General sales conditions of POWERCONCEPT S.R.L (ENGINE CALIBRATION, ADDITIONAL BOX)
1- Application and opposability of the general conditions of sale
Unless otherwise agreed, any order implies the client’s full and unreserved acceptance of these general conditions of sale, any other document such as a prospectus or catalog issued by the seller having no legal value. The general or specific conditions of the buyer can never and in no case prevail over these general conditions, unless expressly agreed in writing by the seller.
2- Conclusion of the contract
The contract is concluded by the simple signature of the order form. By signing the purchase order, the customer irrevocably undertakes to comply with all the obligations arising from the contract and from these general conditions.
3- Modification of the order
Any modification or termination of the contract requested by the buyer can only be taken into consideration if it has been received in writing before any service by the seller and / or before installation of any material component. The seller is never required to accept a change requested by the buyer. In all cases, if the seller accepts the termination of the contract concluded, the buyer will be liable as of right and without notice of a compensation indemnity equivalent to 15% of the price fixed in the order form, with a minimum from EUR 250.00. No deposit received by the seller will ever be returned in the event of termination requested by the buyer and accepted by the seller.
The prices of the services presented on our site are the recommended catalog prices and are indicated including VAT. On other supports they can also be indicated excluding VAT. The prices of our products can be modified at any time and without notice depending on the circumstances or temporary promotions. The final price for which the customer is liable is only that appearing on the order form signed by the customer.
5- Installation of products
The installations are only operated according to the availability of the order and in the order of arrival of the orders. In addition, installation times may vary depending on the complexity of the vehicles. The installation period provided for in the order form is only indicative and cannot in any case compel the seller to an obligation of result. Exceeding delivery times can in no case give rise to damages, withholding or cancellation of orders in progress. Estimating the duration of assembly of parts on a vehicle is only indicative. This can therefore lead to an additional price if the estimated time is exceeded. Exceeding delivery times can in no case give rise to damages, withholding or cancellation of orders in progress. Certain driving aids (ABS, ESP, DSC, etc.) can be temporarily deactivated following the vehicle test on the power bench. The vehicle must be driven accordingly and at a moderate pace until the reactivation of these aids. It is up to the customer (owner or user of the vehicle) to verify that the products installed are approved in the country of registration of the vehicle and to comply with its legislation (approval, modification of the registration certificate, insurance, etc.)
We only guarantee the engine calibration performed on the vehicle. If the calibrated vehicle returns to its original configuration within 5 years of calibration in our workshops, we will reprogram the vehicle again at no cost. The preceding paragraph is not applicable in the event that, following the update, the vehicle has new protection which prevents POWERCONCEPT from accessing the parameters of the engine control unit. In addition, no refund can be requested. It is up to the customer to refuse this update. No engine part, engine, repair costs and indemnities will be borne by the seller following another breakage resulting from the sale of one of its products. The seller cannot also be held liable for damage caused to the vehicle resulting from the sale of one of its products. Certain operations or modifications entail the removal of the speed limiter (auto-limitation). The customer undertakes to adapt his driving and his vehicle accordingly (tires, brakes, suspensions, …)
Unless otherwise stated, payments are made in cash when the invoice is issued or possibly at the due date indicated on it. The customer has the choice to pay either in cash or by cash (Bancontact, Mastercard, or Visa). In the event of late payment, the seller may suspend all orders in progress without prejudice to any other course of action. In the absence of payment of all or part of an invoice, the remaining amount will be increased as of right and without prior notice of interest of 12% per year, any month started being due. In addition, any unpaid invoice will be increased ipso jure and without notice of a fixed and irreducible indemnity of 15% with a minimum of 150.00 EUR.
8- Specific regulations for installed products
The seller draws the attention of the installer or user to the fact that the calibration of the vehicle, the installation of the products or any other intervention carried out by the seller may likely lead to the modification of certain technical characteristics of the vehicles. The vehicles after the seller’s intervention no longer comply with the original certificate of conformity and can no longer normally be used on public roads. For certain vehicles, an external module can be installed on the vehicle in order to be able to carry out the preparation. The gains after preparation announced on the website are only indicative. A lower gain obtained will in no case give rise to damages, withholding or cancellation of orders in progress. The vehicle will not be returned to the power bench following a new calibration after an original reset at the dealership. The engine map installed in your vehicle is the property of POWERCONCEPT, it can in no case be reread, copied or reused. The vehicle manufacturer may, following the modifications made by the seller to the vehicle, refuse to grant the manufacturer’s warranty which the customer normally benefits from. The seller can in no way be held responsible for this loss or for a refusal to intervene by the manufacturer based on the said. No compensation can therefore be claimed from him in the event of the manufacturer’s refusal to apply the warranty. The seller draws the buyer’s attention to the fact that the modifications made to the vehicle oblige the customer to notify his civil liability insurance company, failing which the latter could refuse his intervention or exercise a recourse action against against his insured. The seller also points out that such a declaration to the insurance may lead to an increase in the premiums paid by the insured. In any case, the seller cannot be held responsible for any refusal to intervene by the insurance or for a request for an additional premium. Some of our engine calibration products and services (software modifications on the computers) are intended exclusively for competition or for export, bypassing automobile taxation is prohibited.
9- Responsibility of the seller
Definition: vehicle entrusted to the seller by the customer for the purpose of carrying out work, such as diagnostics, tests, optimization, modification of the engine mapping, etc. External damage caused to third party vehicles by entrusted vehicles: The seller’s responsibility is engaged when moving a vehicle in the enclosure or in an immediate environment of our workshop: – When testing a vehicle on public roads by one of our technicians within a maximum radius of 20 km from the company. – During the return trip of the vehicle entrusted by the customer. – When towing the entrusted vehicle. However, the seller’s responsibility cannot be called into question, when the vehicle entrusted by the customer is moved and put into circulation, if the vehicle is not insured by an RC Auto contract and if the following conditions are met: – the vehicle is driven by an insured person in possession of a valid license appropriate to the type of vehicle driven. – the entry into service of the entrusted vehicle is made necessary by the works. In the event of a claim, the provisions, amounts and limitations provided for by the law of 21 November 1989 on compulsory vehicle insurance apply. The seller is liable for the following damages: – External damage caused during tests carried out by one of our technicians, within a radius of 20 kilometers maximum, provided that the vehicle is provided with its usual registration plate and that the driver of the vehicle is the holder of a valid license adapted to the category of vehicle to which the vehicle entrusted belongs. – Damage caused to entrusted vehicles, during the execution of the work. However, damage to parts worked is excluded. By worked parts, we mean the assembly that had to be dismantled and reassembled to replace or add a part, either to operate the maintenance or the adjustment of all or part of this assembly. – Damage caused to entrusted vehicles, following a fire or an explosion in the seller’s workshops. In the event of fire, fire, explosion, smoke, our responsibility can only be engaged if these sudden incidents occur during refueling operations or work carried out inside the buildings of the insured business. Likewise, the damage caused will only be borne by the seller up to a maximum amount of EUR 125,000.00. Damage to objects in the trunk or inside the entrusted vehicle will never engage the responsibility of the seller. The seller’s civil liability is incurred for the theft of an entrusted vehicle (options and accessories included) or for any damage resulting from theft or attempted theft. The right to compensation will only be opened if, after a period of 30 days after the conclusion of the judicial investigation, the vehicle has not been found. The seller will not be held liable for objects transported by the stolen vehicle: – During opening hours, vehicles whose keys and / or anti-theft system control are located in or inside those -this and, if they are located outside the building or buildings, when they are neither locked nor protected by the anti-theft system. – During the closing hours of the company, vehicles not locked with key and / or not protected by their anti-theft system, located either in the building, or inside the enclosure. – thefts committed by or with the complicity of a client or a family member or by a person in his service or by a subcontractor. – Theft of objects inside the vehicle.
10- Obligations and responsibility of the client
As a Customer, you are responsible for: – Your own choice of the Product and its suitability for the use you will make of it, your telephone and postal charges when you contact us. – Maintenance of your vehicle according to the manufacturer’s recommendations. – Regulatory declarations incumbent on you, in particular the declarations to insurance specified in article 8. You owe to our staff all reasonable courtesy, information, cooperation and access facilities suitable for enabling the rapid execution of our commitments failing which we could assert the termination of the contract to your exclusive wrongs. Your vehicle must be in perfect working order, in order of registration, technical control and insurance.
11- Data protection
You accept that the information concerning you is kept or transferred in accordance with the applicable laws on the protection of personal data, and the computer processing managed by POWERCONCEPT. You can ask us not to use your information for commercial purposes.
12- Applicable law and territorial jurisdiction
In the event of a dispute, only Belgian law will apply and the competent courts will be those of the judicial district of Nivelles.
13- Nullity of a clause
If any of these clauses should be declared null or contrary to an imperative or public order standard under Belgian law, only this clause would be affected by the nullity. Neither the agreement nor the other clauses of these general conditions would be affected by the nullity.