Standard warranty and liability conditions
These Terms and Conditions apply between allóra Factory BVBA (hereinafter "allóra Factory") and the Buyer, unless otherwise agreed upon in a written agreement between the Parties.
allóra Factory guarantees that the developed product complies with the specification as given in this document. If there is a risk that the specification cannot be met, this will be clearly stated in the specification and/or offer.
A change in the specification may affect the development time, production time or result in other costs. If changes are made after the specification has been approved, changes in time and/or costs will be notified by allóra Factory by letter or by post. The changes will only take effect when these changes in time and/or costs have been approved by the Buyer by letter or by post.
Specifications are only binding as long as allóra Factory has the possibility to test them. allóra Factory is not responsible for the look-and-feel of a product. The buyer cannot refuse or reject a product based on personal preferences.
allóra Factory is not obliged to prove that the product conforms to the specification, unless this is stated in the specification. If the Buyer does not indicate how a certain specification should be proven, the decision is made by allóra Factory.
allóra Factory guarantees that the product complies with all required legal directives or guidelines relating to safety, the environment or other insofar as they are specified in the specification.
CE certification is only carried out if this is explicitly stated in the specification.
All documentation provided by allóra Factory is in English.
The Buyer allows allóra Factory to make use of third party companies for the execution of the order.
The Buyer shall accept a product within 30 days of delivery (including prototypes) unless otherwise specified in the specification. Any comments or complaints must also be communicated within this period by letter or by post.
If the order only relates to the delivery of an existing product (production of a previously developed product), the delivery must be accepted within 8 days of delivery. All remarks and complaints must also be communicated within this period by letter or by post.
Hidden defects must be reported by letter or by post within 8 days of discovery and within 6 months of delivery of the product.
allóra Factory is not responsible for modifications made by the Buyer after the product has been delivered.
allóra Factory cannot be held responsible if the product is not used as described in the specification or manual.
Under no circumstances can allóra Factory be held responsible for any loss, damage, costs, expenses, delays or other liability (including but not limited to financial losses such as loss of profits) caused by the use of the product or by the malfunctioning or failure of the product, as long as the product is developed and manufactured as specified in the specification.
The Buyer indemnifies allóra Factory from all claims of third parties as long as the product has been developed and produced as specified in the specification.
If a complaint is justified, allóra Factory has the possibility to adapt the product or to develop a new product if it concerns a development order. If it concerns a production order, allóra Factory has the possibility to repair or replace the product.
Warranty work is carried out by allóra Factory during normal working hours. Warranty work can only be carried out outside normal working hours if a service contract has been concluded.
The costs for sending the goods for warranty work to allóra Factory shall be borne by the buyer. If it is not possible to send the goods to allóra Factory, warranty work can be carried out on site. The related travel and/or accommodation expenses are at the expense of the buyer, as well as possible additional costs for transport, packing, insurance or renting of equipment and/or material.
Liability for damages can never exceed fifteen percent of the costs of the order. If allóra Factory can prove that it is not liable for the damage, non-functioning or malfunctioning of the product, the costs for this proof are to be borne by the Buyer.
allóra Factory is not responsible for third party products delivered to the Buyer by allóra Factory.
allóra Factory will do its best to prevent infringement of IP (Intellectual Property) of third parties. however, allóra Factory cannot be held responsible for any infringement, unless it is explicitly mentioned in the specification that IP research has to be done beforehand.
All documentation shall be supplied in electronic format. If printed format is required, this must be explicitly stated in the quotation or specification. If it is not so stated, the extra costs shall be borne by the Buyer.
allóra Factory may add the name and the logo of the Buyer to the reference list and document the project illustratively (text, photos, drawings) and make it available to others. However, the document shall not mention any sensitive information of the Buyer. allóra Factory can only be held responsible for damage to goods received by the Buyer, if the damage is caused by carelessness during storage by allóra Factory. The Buyer must provide all the necessary information to allóra Factory in order to store the goods correctly. allóra Factory will not take out insurance on the goods sent by the Buyer to allóra Factory. If insurance is required, it must be taken out by the Buyer or it must be explicitly mentioned in the offer or specification that this is to be done by allóra Factory.
All damages resulting from defective goods delivered by the buyer to allóra Factory are the responsibility of the buyer. The damage can be attributed to allóra Factory as well as to third parties.
Delivery times are indicative only. The offer always assumes full availability of personnel and/or goods at that time. Delivery times are not binding.
allóra Factory has the right of ownership of the product until the offer has been paid in full.
Invoices are to be paid within 8 days of the invoice date or according to the payment instructions on the invoices.
Late payment shall attract interest of 0.05% per day on the unpaid amount.
In case of non-payment within 44 days, the interest shall be increased to 2.0% per month and with a minimum of 100€ to cover legal and administrative costs.
In case of late payment, allóra Factory is entitled to stop all current and new orders. If goods cannot be delivered to the buyer for any reason beyond the control of allóra Factory, allóra Factory is entitled to charge all costs to the buyer. However, the warranty period starts when the goods can be delivered.
allóra Factory is entitled to adjust the offer if changes in labour costs, material costs and/or exchange rate can be demonstrated.
allóra Factory is entitled to ask for an advance payment for large orders. This will be clearly mentioned in the offer. Late payment of this advance payment entitles allóra Factory to postpone the order without any consequences for allóra Factory.
Prices are always quoted in Euro (€) (excl. VAT).