Metys SA Terms & Conditions
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1.1. The following defines the general conditions of sale of Metys S.A.
1.2. Except by express written agreement to the contrary, all sales and provisions of service of the company Metys S.A. shall be subject to these general conditions.
1.3. These general conditions will be considered as known and approved by the customer as from the placing of the order.
2.1. Offers made by Metys S.A. are not binding.
2.2. The Contract shall be deemed to have been entered into only after written confirmation of the order by the salesman (Metys S.A.) and, except by stipulation to the contrary, only after payment by the purchaser of an instalment corresponding to at least 30% of the price mentioned on the estimate.
2.3. A banker's guarantee corresponding to the remaining amount to be paid may also be required. A refusal to satisfy this request gives Metys S.A. the right to suspend execution of the Contract.
3.1. The prices indicated online or in advertising booklets and other printed material shall be for guidance only and exclude VAT.
3.2. Except by stipulation to the contrary, the amounts indicated on the price lists and estimates shall be deemed ex works (EXW).
3.3. The final price will be that which is applicable at the moment of forwarding of the goods.
4.1. All information made available online or included in our advertising booklets and other printed material is purely indicative.
4.2. All the drawings, drafts, models, and other technical documents, as well as any software and its documentation that Metys S.A. makes available at the moment of the offer, remain the exclusive property of Metys S.A. They have immediately to be returned to Metys S.A. if the Contract is not concluded.
4.3. Following Contract signature, the customer has rights to use of the drawings, drafts, models, and other technical documents, as well as of any software and its documentation, limited to what is expressly defined on the Contract. It is formally prohibited to copy and transmit to any third party the types of above mentioned documents as well as the software supplied.
4.4. The software supplied is protected by copyright. Metys S.A. remains the owner of the related exclusive copyright. This software can be neither modified nor copied, except for the purposes of security backup. Software is only delivered in the version usable for the specified computer. Original text or any parts of original text shall be exclusively provided for documentary purposes.
4.5. When the salesman transmits to the customer information described as confidential, the latter shall not transmit this information to any third party and shall use it only for the ends envisaged in the Contract. The information and documents concerning software are also confidential.
5.1. Packaging and/or the means of protection necessary to avoid deterioration under the normal carriage conditions for the destination specified in the Contract, as well as all carriage costs, shall be payable by the purchaser and will be presented on the invoice.
5.2. In the absence of any specific instruction, the salesman shall select the mode of transport.
6.1. The salesman will always endeavour to deliver as quickly as possible. No firm delivery date is committed to.
6.2. If a delivery date is fixed, notwithstanding the previous provision, this period is given as an indication that, under no circumstances, shall give the right to a price reduction, damages, or termination of the Contract.
6.3. The deadlines agreed upon shall come into effect from the moment the purchaser provides all of the technical details, documents, authorisation, necessary approval, finalised and approved plans within the deadlines, and the Contract signature. If these conditions are not satisfied, the delivery period shall be extended accordingly.
6.4. The salesman is permitted to effect partial deliveries.
6.5. In case of a delay in excess of four weeks of an agreed deadline, whilst all the conditions are met to carry out delivery, and the Contract is still not honoured, the purchaser shall be able to terminate the Contract. Any other recourse shall be excluded, in particular any right to damages.
6.6. If the delay is ascribable to any of the circumstances provided for in Article 10, an extension of the delivery time shall be granted, taking the various circumstances into account equitably. Should the delay exceed two months, Metys S.A. reserves the right to cancel a part of or the whole Contract. In this case, the purchaser can claim no damages.
7.1. Except by stipulation to the contrary, payment of the full amount shall be due in advance. Invoicing will be carried out following delivery.
7.2. If an act or omission of the customer delays delivery, the salesman has the right to demand full payment of the invoice, which may be issued as soon as the product is ready for delivery.
7.3. Instalments paid by the purchaser shall apply to the order price, and do not constitute down payments of which the abandonment permits the purchaser to be released from the Contract.
7.4. All invoiced sums not paid by the due date shall automatically entail the application of a EUR 75.00 fee for administrative costs. Moreover, a rate of 11% interest per year will be applied to unpaid amounts without formal notice.
7.5. Payment shall be regarded as complete only when the full amount of the invoice, as well as any additional expenses such as, but without being limited to, interest charges or fees for delay of payment, is credited to the bank account of Metys S.A.
7.6. If payment is late due to circumstances as foreseen in Article 10, Metys S.A. will not claim the interest charges as long as the purchaser can adequately prove those circumstances.
7.7. Bills of exchange and cheques may be accepted in payment with the usual reservations.
8.1. Any equipment sold remains the property of Metys S.A. until full payment of the related invoice, plus any additional expenses such as, but without being limited to, interest charges or fees for delay of payment.
8.2. The risks associated with disappearance, loss, or deterioration of goods shall be transferred to the purchaser as from the forwarding of the equipment, or from the moment of hand over if the purchaser collects the equipment.
8.3. In addition, the purchaser commits not to destroy the goods as long as full payment has not been received by Metys S.A.
9.1. Metys S.A commits to delivery of the ordered products, as described in the purchase order, free from any design defect.
9.2. The customer is required to examine the products delivered on arrival, and to point out immediately and in writing to the salesman any possible damage or differences in relation to the agreed delivery.
9.3. Metys S.A. guarantees against defects on delivery if notified to Metys S.A. immediately and in writing.
9.4. The warranty for the equipment provided is limited to that granted by the suppliers.
9.5. This engagement applies only to defects that appear during the guarantee period, the duration of which is six months.
9.6. The above-mentioned warranty does not apply to failures and deficiencies caused by misuse, abnormal, or unusual use, negligence, alteration, incorrect installation, repair, or unauthorised modification, by an unsuitable test, accident, or external causes to the product such as, but not limited to, excessive heat or humidity and power failure.
9.7. The warranty takes effect from the moment of shipment, or as soon as the consignment is ready.
9.8. Metys S.A commits, according to its choice, to either repair or replace the products that its agents consider defective. In the event of final failure of repair, or of the replacement delivery, the customer may request a price reduction or, if so wished the termination of the Contract.
9.9. All replaced products and parts shall become the property of Metys S.A.
10.1. The following shall be considered as cases of relief if they arise after the formation of the Contract and impede its performance: Cases of force majeure and all other circumstances such as, fire, mobilisation, requisition, embargo, prohibition of currency transfers, insurrection, lack of means of transport, missing general supplies, restrictions on use of energy, industrial disputes.
10.2. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof.
11.1. The contractual relations between the customer and Metys S.A. shall be subject to Belgian law.
11.2. The Brussels courts are the competent jurisdiction to hear a dispute between the litigants, whatever the nature. However, Metys S.A reserves the right to take a dispute before another jurisdiction of its choice.
IN NO EVENT SHALL THE STORE OWNERS, ITS PARENT, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT THIS COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT THE COMPANY PARTIES MAXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.