General Terms and Conditions of Sale and Service – AEROBAG BV
Applicability The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
Payment Terms Our invoices are payable within 10 working days, unless another payment timeframe is indicated on either the invoice or the order. In the event of non-payment by the due date, AEROBAG BV reserves the right to charge a fixed interest payment amounting to 10% of the sum remaining due. AEROBAG BV is authorized to suspend any provision of services or deliveries without prior warning in the event of late payment.
Debt Recovery If a payment is still outstanding more than sixty (60) days after the due payment date, AEROBAG BV reserves the right to call on the services of a debt recovery company. All legal and administrative expenses will be payable by the client.
Withholding Tax & Local Legislation Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the local tax authorities. Under no circumstances can AEROBAG BV become involved in costs related to a country's specific legislation. The amount of the invoice will therefore be due to AEROBAG BV in its entirety and does not include any costs or taxes relating to the legislation of the country in which the client is located.
Obligations & Limitation of Liability AEROBAG BV undertakes to do its best to supply high-quality products and services within the agreed timeframes. However, none of its obligations can be considered as an obligation to achieve specific results (obligation de moyen). AEROBAG BV cannot, under any circumstances, be held liable for indirect, incidental, or consequential damages (including but not limited to loss of business, loss of profit, or loss of data). AEROBAG BV cannot be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer or third party. The Aerobag (Aerobag plug-in) provides additional protection but cannot guarantee protection in all circumstances.
Complaints & Admissibility In order for it to be admissible, AEROBAG BV must be notified of any claim or complaint by means of a registered letter sent to its registered office within eight (8) days of the delivery of the goods or the provision of the services.
Safety, Testing, and Deployment (Airbags & Services) In cases where AEROBAG BV provides services (including but not limited to the testing of airbags, crash courses, consultancy, or advisory services), the client is solely and fully responsible for his/her own safety, the safety of their personnel, and the safety of any participants. The client undertakes to take all necessary safety and precautionary measures to protect riders, operators, and bystanders from any injuries or harm.
While AEROBAG BV may provide professional advice regarding the testing and deployment of airbags, the final operational execution remains the client's responsibility. AEROBAG BV cannot be held liable for any personal injuries, death, or damage to property or the environment. The client shall fully indemnify and hold harmless AEROBAG BV against any third-party claims resulting from such events.
Provision and Use of Test Equipment When AEROBAG BV provides test equipment (including but not limited to crash mats, sensors, or specialized testing tools), the equipment is delivered in proper working and/or calibrated condition. The client is obliged to inspect the equipment prior to use. The client is fully responsible for protecting, maintaining, and housing the equipment during the provision period. The equipment must be returned in its original, normal shape and condition, accounting only for reasonable wear and tear expected from normal professional use. Any damage, destruction, theft, or loss of the equipment during the rental or service period will be fully charged to the client at replacement or repair value. The client is responsible for maintaining adequate insurance coverage for these risks during the period the equipment is in their custody.
Governing Law and Jurisdiction These terms and conditions, and all contractual relations between AEROBAG BV and the client, are exclusively governed by Belgian law. Any disputes arising out of or in connection with this agreement shall be submitted to the exclusive jurisdiction of the competent courts of the judicial district where the registered office of AEROBAG BV is located.
Warrant For professional clients (B2B), AEROBAG BV warrants that the goods conform to the written specifications for a period of twelve (12) months from delivery. This warranty is strictly limited to the repair or replacement of the defective goods, to the exclusion of any termination of the contract or damages. For consumers (B2C), the legal warranty of conformity applies in accordance with applicable local and European consumer protection legislation. Any warranty claim is void if the defect is caused by improper use, lack of maintenance, normal wear and tear, or modifications made by the client or third parties without the prior written consent of AEROBAG BV.
Warranty for Consumers (B2C Only)
- Normal wear and tear expected from regular use;
- Improper, negligent, or abnormal use, handling, or storage of the goods (including non-compliance with provided user manuals or safety guidelines);
- Lack of proper maintenance or alteration/repair of the goods carried out by the consumer or an unauthorized third party without the prior written consent of AEROBAG BV;
- External causes such as accidents, moisture, fire, or other force majeure events. Damage caused by a crash is not covered by the consumer warranty.
This section applies exclusively to clients acting in their capacity as consumers (B2C). In accordance with applicable consumer protection legislation, the consumer benefits from a legal warranty of conformity of two (2) years for all tangible goods, commencing from the date of delivery. If a defect or lack of conformity manifests itself within this two-year period, the consumer must notify AEROBAG BV in writing within two (2) months of discovering the defect.
In the event of a valid warranty claim, the consumer is entitled to have the goods brought into conformity free of charge, by means of repair or replacement, at the discretion of AEROBAG BV, unless the chosen remedy is impossible or disproportionate. Only if repair or replacement is impossible, cannot be carried out within a reasonable timeframe, or causes significant inconvenience to the consumer, may the consumer request an appropriate price reduction or the termination of the contract.
Exclusions: This consumer warranty does not cover defects, damages, or malfunctions resulting from:
13. Right of Withdrawal (Consumer Sales Only)
- This section applies exclusively to clients acting in their capacity as consumers (B2C) who purchase products or services at a distance or outside the business premises of AEROBAG BV.
- The consumer has the right to withdraw from the contract within fourteen (14) days without giving any reason. The withdrawal period expires 14 days after the day on which the consumer (or a third party designated by the consumer) takes physical possession of the goods, or, in the case of services, from the day of the conclusion of the contract.
- To exercise the right of withdrawal, the consumer must inform AEROBAG BV of their decision by an unequivocal statement (e.g., a letter sent by post or email) before the withdrawal period has expired.
Exceptions: The consumer cannot exercise the right of withdrawal for:
- The provision of services if the performance has begun with the consumer’s prior express consent and acknowledgment that they will lose their right of withdrawal once the contract has been fully performed;
- The supply of goods made to the consumer’s specifications or clearly personalized.
- The Aerobag has been triggered or inflated or a crash has been made
- The Aerobag hasn’t been used according to the manual