Terms and Conditions

  1. BV BW TRAILERS is a manufacturer of, among others, trailers, installation work, its construction and all kinds of accessories. Vehicles shall hereinafter be used to describe all products from BV BW TRAILERS. All goods and services provided by BV BW TRAILERS are covered by these general terms and conditions. 
  2. The following general terms and conditions are familiar to both parties and shall be the only ones to apply to the agreement between the parties. Any other terms and conditions must be expressly agreed in writing by BV BW TRAILERS. This means, for example, that any other terms and conditions on documents not issued by BV BW TRAILERS shall not apply, except when expressly accepted in writing by BV BW TRAILERS.
  3. Every invoice from BV BW TRAILERS must be paid no later than the expiry date stated on the invoice; should no expiry date be stated, then the invoice should be paid in cash on the invoice date. No discounts can be made for deposits nor for any other reason. 
  4. Unpaid invoices shall be increased automatically and without notice with a late-payment interest equivalent to the interest rate in accordance with the Act of 02/08/2002, from the day on which they should have been paid until the day full payment is received, at a minimum of €75.00. Furthermore, these unpaid invoice amounts shall be increased with damages due to non-payment at a rate of 10%, at a minimum of €75.00, without prejudice to the right of BV BW TRAILERS to claim higher damages if being able to demonstrate that its damages are greater. 
  5. Should invoices from BV BW TRAILERS remain unpaid on their expiry date, BV BW TRAILERS shall be entitled, provided that it reports this in writing (in a normal letter or by e-mail), to suspend all further deliveries or the execution of services until the balance owed has been paid in full; the defaulter shall have no right to compensation for any damage he/she may suffer as a result of such suspension.
  6. Complaints/remarks regarding invoices from BV BW TRAILERS must be sent by registered post to BV BW TRAILERS within 7 days after the invoice date, otherwise the damage claim related to such invoices shall be uncontested. 
  7. BV BW TRAILERS shall have a right of retention in the event of invoice non-payment. Newly-produced goods shall remain the exclusive property of BV BW TRAILERS until the full balance of the corresponding invoices has been settled.
  8. BV BW TRAILERS shall charge storage costs/garage costs in the event that the customer does not collect his/her vehicle/order within 7 days of receiving notice by post or e-mail. BV BW TRAILERS shall only store uncollected goods for a period of 1 month – unless expressly agreed otherwise in writing. Thereafter, BV BW TRAILERS shall have the right to sell such goods to a third party, or destroy/remove them at the customer’s expense and risk. In any case, all costs of production, storage/garage, insurance, loss of earnings, etc. shall remain the customer’s responsibility.
  9. Potential transport costs are not included in the prices issued by BV BW TRAILERS. All transport and storage costs are included in a separate quotation and/or agreement, unless confirmed otherwise.
  10. Complaints regarding the delivered goods or services/work provided must be sent by registered letter or by e-mail to BV BW TRAILERS, as quickly as possible and no later than 3 days after their discovery. In the event of a delay in notifying BV BW TRAILERS, the company reserves the right to decline all responsibility. In any case, collection of the goods at the premises of BV BW TRAILERS is considered as acceptance of their conformity.
  11. It is the customer’s responsibility to check the correctness of sizes, colours, materials and quantities entered on the order form. Accepting the order means accepting all stated prices (including any unit prices), tasks, quantities, materials, colours, qualitative and technical properties of the work and goods.
  12. All quotations/offers/drawings/plans/sketches/calculations/… added to the price offer remain the property of BV BW TRAILERS, and may not be transferred to third parties.
  13. The customer shall inspect its vehicle/order upon collection and report any visual defects before effectively leaving the company premises, and shall otherwise be considered to have accepted any visible defects. Use of the vehicle is considered as acceptance of the work/repairs/modifications carried out.
  14. Customer vehicles and components left on our company premises, in our garage or workshop or outside on the public highway are the customer’s sole responsibility. The customer shall not be entitled to hold BV BW TRAILERS responsible for damages. 
  15. Trailers bought at BV BW TRAILERS shall be delivered in accordance with the agreed terms and conditions, and it shall be the customer’s own responsibility to check whether such trailers are suitable for the intended use/purpose.
  16. When staff/appointed persons from BV BW TRAILERS drive the vehicles or use them for transportation this shall be entirely at the customer’s responsibility and risk.
  17. In the event of any defect in a delivery, whether hidden or not, our responsibility shall be limited to the repair of said component alone. 
  18. The responsibility of BV BW TRAILERS for any defects shall end entirely in the event that a third party has carried out any manipulation/work/modifications/repairs to the vehicle concerned. Issued guarantees shall be aligned with the legal minimum, except when extended expressly and in writing by BV BW TRAILERS.
  19. BV BW TRAILERS accepts no responsibility whatsoever (for damage) resulting from construction errors or hidden defects.
  20. BV BW TRAILERS can never been held responsible for consequential damage and/or third party damage.
  21. All quotations and prices are without obligation on the part of BV BW TRAILERS. The delivery terms are approximate and are given only as an indication. The failure to respect the given delivery date and suchlike shall never lead to any responsibility on the part of BV BW TRAILERS.
  22. By signing an order form, the customer agrees not only the stated goods and work, but also accepts the terms of the invoice. The order shall form an obligation on the part of the customer. In the event of a cancellation by the customer, BV BW TRAILERS shall either be entitled to payment covering all costs already incurred – such as, but not limited to, components already ordered, labour costs, creation of the dossier … – and all other demonstrated damage, or a fixed sum of 25% of the total price offer including VAT.
  23. Under no circumstances shall the dealers/agents/representatives of BV BW TRAILERS be entitled to validly bind BV BW TRAILERS.
  24. The invalidity of one of the aforementioned clauses shall not affect the validity of the other clauses in any way whatsoever.
  25. In all cases, the responsibility of BV BW TRAILERS, shall be limited to the sums covered by the underwritten insurance policy. Should the customer provide incomplete or incorrect details, under no circumstances shall this cause any responsibility by BV BW TRAILERS.
  26. BV BW TRAILERS shall only make internal use of personal data supplied and shall take all useful measures to protect the privacy of its customers.
  27. Belgian law shall govern the agreements between parties. The Courts given jurisdiction over disputes between parties shall be those in the legal Arrondissement of Antwerp, in the district of Mechelen. This choice of forum clause shall have priority over those from third parties.