Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE

Shyfter.co is managed by the company SHYFTER SA with address 44 Rue des Palais, 1030 Brussels – Belgium and Quai Paul Verlaine 2/2, 6000 Charleroi – Belgium with company number 0720.922.212, email : hello_at_shyfter.co, phone +32 2 211 34 54.

Article 1.

Unless otherwise required by law, these terms and conditions apply to all activities of SHYFTER SA. The present general conditions, as well as any particular conditions of SHYFTER SA, are deemed accepted by its buyers and suppliers, even if they would be in contradiction with their own general or particular conditions. Toutes dérogations aux présentes conditions devront être constatées par écrit et notifiées par une personne habilitée à engager la SHYFTER SA.

Article 2.

SHYFTER SA declines all responsibility for damages that may result from the use of the information on its website. Therefore, you are entirely responsible for your use of this information.

The offers of SHYFTER SA are made without obligation. Orders are only binding once they have been confirmed in writing by a person authorized to bind SHYFTER SA. SHYFTER SA shall not be liable for any breach of our obligations under these Terms due to events beyond our control and/or resulting from force majeure. The cases of force majeure will include, in addition to the cases recognized by the jurisprudence, all natural disasters, all acts of war, attacks on public order, epidemics, fires, floods and other disasters, all governmental acts, all strikes, lockouts, as well as all electrical and technical problems external to the parties preventing communications.

Article 3.

The delivery and production lead times are given as an indication. SHYFTER SA reserves the right to invoice services, training and advice as and when they are delivered, even if they are partial.

Article 4.

SHYFTER SA is only liable for hidden defects unless it proves the undetectable nature of the defect. The guarantee of SHYFTER SA shall cease if the buyer has not notified SHYFTER SA of his complaints by registered letter within one month of the sale. The responsibility of SHYFTER SA is limited to the availability of the website or to the resolution of possible errors without it being able to be held responsible for any reimbursement, indemnity or damages of any type and for any reason whatsoever.

Article 5.

Unless otherwise agreed in writing, all invoices of SHYFTER SA are payable in cash at the domicile of SHYFTER SA. Failure to pay an invoice by the due date renders all sums due immediately payable, regardless of any payment facilities previously granted. In the event of non-payment of a partial supply on the due date, SHYFTER SA reserves the right to cancel the balance of the order.

Article 6.

In the event of non-payment of an invoice on its due date and without prior formal notice, the debtor acknowledges that he is bound to pay an indemnity fixed at 15% of the amount of the invoice due with a minimum of 150.00 € and interest at the rate fixed by the law of 02.08.2002 relating to the fight against late payments in commercial transactions.

Without precluding other remedies, we reserve the right to give you a warning, temporarily or permanently suspend your access, terminate your access, and discontinue providing our services to you if you violate any part of these Terms.

Article 7.

The purchaser acknowledges that this website has been compiled with the utmost care. It is for information purposes only and is subject to change. Shyfter.co can not be held responsible for any damage that may be caused directly or indirectly by the use of it.

We do not warrant that the operation of our services will be uninterrupted, error-free or secure. While we strive to make the Shyfter.co website available to you seven days a week, 24 hours a day, we reserve the right, at any time and without notice, to interrupt access to the site for technical or other reasons and to terminate our services, without being liable for such interruptions and for any consequences that may arise for you or for any third party.

Article 8.

The sending of the invoice with the final balance is equivalent to a request for acceptance if this has not been done previously. In the absence of a complaint by registered letter within twenty days from the date of invoicing, the work will be considered to have been accepted definitively and without reservation.

Article 9.

In the event of a dispute, other than the collection of unpaid invoices, the parties agree to have prior recourse to mediation by appointing an approved mediator and to participate in two sessions of at least two hours in order to try to find an amicable solution.

Article 10.

The Contract Price may be automatically revised in accordance with the change in the consumer index, by application of the following formula: P = (P0 x S) / S0, where: – P represents the price excluding taxes after the revision. – P0 is the price excluding taxes at the date of renewal of the contract or at the date of the previous revision. – S is the value of the latest SYNTEC index published on the revision date. – S0 represents the value of the last SYNTEC index published on the date of the first invoice of the current year or on the date of the previous revision. In the event of the disappearance of the selected index, and in the absence of agreement on a new index within a period of two months, the parties attribute competence to the President of the Commercial Court of Brussels ruling in summary proceedings in order to define a new index which will be included in the revision formula.

However, it is expressly recognized that in the event of a change in its rates above the sole variation of the Syntec index, YKA will inform the Client at least 90 days before the date of renewal of the Contract, so that the Client has all the information necessary to renew or terminate the Contract.

Article 11.

You agree to defend, indemnify and hold SHYFTER SA (including reasonable attorneys’ fees) and its agents, directors, officers and employees harmless from any claim or demand made by any third party due to or arising out of your breach of these Terms or your violation of any law or right of such third party.

Article 12.

You agree to comply with all applicable laws, regulations or standards of any kind relating to the use of our services.

Article 13.

Shyfter.co on the one hand and you on the other hand are independent parties, each acting in its own name and for its own account. These Terms of Use do not create any relationship of subordination, agency, joint venture, employer/employee or franchisor/franchisee relationship between Shyfter.co and yourself.

Article 14.

All disputes shall fall under the exclusive jurisdiction of the courts of the judicial district of Brussels, even in the event of a guarantee call or multiple defendants. However, SHYFTER SA reserves the right to summon before the Judge of the seat of one of the defendants. No method of payment or performance shall novate or derogate from this express exclusive jurisdiction clause. Only Belgian law shall apply.