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GENERAL TERMS AND CONDITIONS OF SALE SPARE PARTS, WORKS AND REPAIRS ON COMMERCIAL VEHICLES

  1. This agreement is exclusively governed by the general terms and conditions of Miers Factory to the exclusion of all The customer hereby expressly declares to have taken cognisance of these general terms and conditions prior to the conclusion of this agreement and to accept them. Deviations from these general terms and conditions are only possible with the prior express written agreement of the seller.
  2. Repair and delivery times are indicative and not binding, except if the client is a consumer in the sense of Article I.1, 2° of the Economic Code. The delivery and receipt of the goods are deemed to have taken place at the premises of Miers Factory. All risks are borne by the client from the moment of delivery. Vehicles or goods sent or transported at the client's request, even if sent or transported free of charge by our agents, are sent and transported at the client's risk.
  3. Notwithstanding article 1583 of the old Civil Code, it is expressly agreed that the transfer of ownership will only take place after full payment of the agreed price in principal and with any interest and costs. As long as Miers Factory has retained ownership of the sold good, the customer may not dispose of it, whether by sale, lending, pledging or by any other means. The customer is obliged to inform Miers Factory immediately in the event that a third party asserts rights over the sold good.
  4. Any complaint relating to deliveries that are the subject of an invoice must be sent by registered letter, at the latest within eight days of the delivery, except in the case where the customer is a consumer within the meaning of Article I.1, 2° of the Code of Economic Law, i.e. any natural person acting for purposes outside his commercial, business, craft or professional activity. In the latter case, the complaint period is brought to 15 days from delivery subject to the provisions of Article 1.3.
  5. Deliveries will neither be taken back nor exchanged, unless expressly stipulated otherwise or contrary mandatory legal
  6. If a visible defect is established at the time of delivery, the client should make his objection known in writing to Miers Factory immediately at the time of delivery. Upon defect to which the visible defect is deemed accepted. A visible defect is also deemed accepted upon payment of Miers Factory's invoice.
  7. In accordance with Articles 1649a to 1649g of the old Civil Code, Miers Factory is liable to the customer, if the latter is a consumer in the sense of Article 1649a, 1° of the old Civil Code, for any non-conformity existing at the time of delivery of the product and occurring within a period of two years from the
  8. In addition, the client benefits from the legal guarantee for hidden defects as stipulated in articles 1641 to 1649 of the old Civil Code, if the hidden defect existed at the time of delivery and insofar as the hidden defect is of a certain severity and renders the vehicle or product unsuitable for the use for which it is intended or reduces its use to such an extent that the client, had he known about the defects, would not have bought the vehicle or product or would have bought it only at a lesser price. Any non-conformity or hidden defect must be reported to Miers Factory by registered letter within two months from the moment the customer has discovered it or it could reasonably be discovered.
  9. The modalities of the conventional warranty are described in the manufacturer's warranty conditions. The customer acknowledges having received a copy thereof and accepting these warranty terms and conditions. The conventional warranty does not affect the customer's rights under Belgian legislation on the sale of consumer goods.
  10. The warranty does not cover normal wear and tear. Nor does the warranty apply if the defect is due to abnormal or incorrect use if maintenance has not been carried out in accordance with the manufacturer's instructions, a copy of which the customer acknowledges receiving
  11. The prices invoiced are those in force at the time of delivery or completion of the works, except where specifications have first been submitted to a consumer within the meaning of Article I.1, 2° of the Economic Code. In the latter case, the prices shall be those indicated in the specifications. The customer is solely liable for the VAT number communicated by him.
  12. Prices are net for delivery at the registered office of Miers Factory. All taxes, transport costs and other duties are borne by the
  13. Invoices are payable in cash at the registered office of Miers Factory.
  14. In the event of total or partial non-payment on the due date, regardless of the method of payment, the customer is immediately put in default by Miers Factory for this and Miers Factory, on the basis of its contractual claim, is entitled to a contractual right of retention in respect of the vehicle or product referred to in the contract and this until further notice, unless there are legitimate reasons for the non-payment. In this case and in the absence of legitimate reasons, all deliveries must be paid in advance by irrevocable bank transfer or cash.
  15. If the customer is a consumer within the meaning of Article I.1, 2° of the Code of Economic Law and has not paid or has paid late on the due date of the invoice, Miers Factory will electronically deliver a first free reminder to the customer in accordance with Article XIX.2, §3 of the Code of Economic Law. If, after the expiry of a period of fourteen (14) calendar days, Miers Factory has not received the payment or only partially, it reserves the right to (i) claim the maximum legally permissible interest for delay and (ii) charge a lump-sum compensation depending on the amount of the outstanding principal and with a maximum amount of 2,000 euros:
  • 20 euros if the balance due is less than or equal to 150 euros;
  • €30 plus 10 % of the amount due on the tranche between €150.01 and €500 if the balance due is between €150.01 and €500;
  • €65 plus 5 % of the amount due on the tranche above €500 with a maximum of €2,000 if the balance due exceeds €500.
  1. If the customer is a company within the meaning of Article I.1, 1° of the Economic Code, late or non-payment will automatically, automatically and without prior notice, give rise to late payment interest as provided for in Article 5, second paragraph of the Act of 2 August 2002 on combating late payment in commercial transactions, calculated from the due date. If an invoice remains wholly or partially unpaid on the due date, any permissible payment periods will expire. Moreover, irrespective of the payment of the amounts still due and interest for non-payment on the due date, a conventional lump-sum compensation of 10% of the amount due per year with a minimum of 50 € will be due ipso jure and automatically without prior notice, without prejudice to Miers Factory's right to claim its actual damages from the client. This compensation of 10 % is also due in the event of a breach of the sales contract by one of the parties at the expense of the other party, without prejudice to the right of a party to claim its actual damages suffered.
  2. The standard exchange parts have been established with the consideration that the main components or key pieces (crankcase, crankshaft, ) of the aggregates or wholes (engine, gearbox, pumps, etc.) taken back by Miers Factory are in good condition and suitable to be reused. If, when dismantling or putting in order the repossessed aggregates or assemblies, it appears that this is not the case, Miers Factory reserves the right to invoice the customer for the additional expenses (parts and labour), except in the case of a sale to the consumer within the meaning of Article I.1, 2° of the Economic Code.
  3. The costs of quotation shall be borne by the customer. The indications in specifications, rates or publicity do not constitute a fixed price offer, unless expressly stipulated otherwise or contrary to an imperative legal provision and more specifically in the event that the customer is a consumer within the meaning of Article I.1, 2° of the Economic Code .
  4. Prices are always communicated subject to
  5. It is expressly agreed and accepted that the hoist voucher under a mobility programme is equivalent to a
  6. Prior to the execution of the works, a work order will be prepared and signed by the customer as proof of acceptance of the work to be carried out. The client acknowledges that, in certain cases, the work order cannot be signed, due to lack of authority or dropping off outside office hours. In such cases, Miers Factory reserves the right to infer acceptance from the facts and prove it by all means of law. In case unauthorised work was carried out and in case of refusal to pay the invoice by the client, the obligation arises on the part of the client to compensate the damage suffered by Miers Factory on the basis of unjust enrichment.
  7. If imperative safety repairs occur during the execution of the works and the customer does not agree, the vehicle will not be repaired and the customer will recover the vehicle with a
  8. The customer shall not leave any personal items nor valuables in the vehicle Exclusively the customer is responsible for the items left in the vehicle without recourse against Miers Factory.
  9. The client must take back his vehicle within 2 working days of the end of the repair. Failing this, the client will automatically and without notice be liable for parking fees, the rate of which is posted and at his disposal at Miers Factory's facility.
  10. If a replacement vehicle has been made available, the client must return it within 2 working days of the end of the repair. Failing this, the client will automatically and without formal notice owe a rental fee, the rate of which is displayed and at his disposal in the establishment of Miers Factory.
  11. Miers Factory offers the client the possibility of stationing his vehicle at places provided for this purpose. The client undertakes not to abuse this possibility and to limit the stationing of the vehicle on the Miers Group site to a minimum.
  12. In case of damage to the vehicle during the presence of the vehicle on the Miers Group's site, such damage will only be chargeable to Miers Factory if the cause of the damage is due to a person or object under the responsibility of Miers Factory.
  13. Should Miers Factory need to store the vehicle on the premises of the Miers Group for more than two days, a fee of EUR 25,- incl. VAT per calendar day is due, starting from the third day after the completion of the work or the notification that the vehicle must be collected. This amount is immediately payable at the time of collection of the vehicle, before the payment of any other invoice and before collection of the vehicle. Otherwise, the above payment terms and conditions shall apply.
  14. The reparation of damage caused by the non-performance of a contractual obligation by one or several auxiliary persons of Miers Factory (shareholders, employees and/or independent collaborators who perform their services in the name and on behalf of Miers Factory) will, within the legal and contractual limits, only be grounds for a contractual or extra-contractual liability claim against Miers Factory. Under no circumstances can an extra-contractual liability claim be brought against an auxiliary person by a contracting party of Miers Factory, even if the event at the origin of the damage also constitutes a tort. In case of breach of this provision, the contracting party of Miers Factory will fully and completely indemnify this company and/or its auxiliary persons for the damage actually suffered by the company and/or its auxiliary persons.
  15. Any limitation of liability in these general conditions expressly applies to any claim against Miers Factory, its shareholders, employees and/or independent collaborators who perform their services in the name and on behalf of Miers Factory. For the avoidance of any doubt, such limitation also applies to any extra-contractual claim for compensation of damages resulting from a contractual default of such persons.
  16. The customer's personal data are intended for the customer management (including after-sales service, warranty and security) of Miers Factory whose details appear on the front cover, as well as for direct marketing purposes and the customer management of Mercedes-Benz Belgium Luxembourg, Tollaan 68, 1200 Any person proving his identity has the right to access and rectify the personal data concerning him. He also has the right to oppose, upon express request and free of charge, the intended processing of personal data concerning him for direct marketing purposes. The data controller is Mercedes-Benz Belgium Luxembourg, Avenue de la Tolla 68, 1200 Brussels.
  17. In case of nullity of any of the provisions of these general terms and conditions, the remaining provisions of these general terms and conditions shall remain in full force and effect.
  18. This agreement is governed by Belgian law
  19. The Vienna Convention on the International Sale of Goods does not apply to
  20. In case of any dispute, only the corporate courts of the registered office of Miers Factory

If the customer is a consumer within the meaning of Article I.1, 2° of the Economic Law Code, in the event of a dispute, the following courts shall have jurisdiction, at the option of the plaintiff :

  • either the court of the domicile of the defendant or of one of the defendants;
  • or the court of the place where the obligations or any of them arose or are performed;
  • either the court of the place where the judicial officer spoke to the defendant if neither the defendant nor the other defendants are domiciled in Belgium or in the