General conditions of sale SYREG
Unless otherwise written, all work, offers and sales made by SYREG are the following conditions. These conditions are subject to special clauses, applicable also to repairs.
1. IDENTIFICATION OF THE SELLER
Avenue de la Résistance 188, 4630 Soumagne (Belgium)
VAT BE 0464.556.259
Phone: 04 377 10 52
Fax: 04 377 69 33
2.1. The present conditions of sale are concluded, on the one hand, by SYREG hereinafter referred to as "SYREG" and, on the other hand, by any natural or legal person wishing to proceed to a purchase via the website of SYREG, hereinafter referred to as "client". Passing order at SYREG, the client adheres explicitly to the General conditions of SYREG and renounces to take advantage of his own. These are without any effect against SYREG and it shall therefore not apply.
2.2. In case, for some reason, the clauses mentioned above cannot get out of their effects, the remainder of the terms of SYREG shall nevertheless remain in force.
2.3. These terms and conditions may be modified only by a written and duly signed by SYREG and client agreement. The invalidity of any provision of these terms shall not affect the validity of the other provisions of these conditions and therefore will not result in the invalidity of those provisions.
2.4. The client acknowledges having read the present general conditions and agree to all provisions, conditions and prices.
2.5. SYREG offers are always without engagement. A command cannot be deemed to be accepted only once confirmed by SYREG. It is same for any changes made to a market. Nevertheless, current contracts remain subject to the conditions applicable at the time when the sale is completed. With the order confirmation, the customer receives the General conditions of sale, in a format that it can store or print.
2.6. The delegates, agents or sales representatives of SYREG are not its law representatives. Acceptances and promises that they would be required to do or give commit SYREG after ratification written on its part.
2.7. The present conditions of sale online are the only of application to SYREG customers.
3. CHARACTERISTICS OF SYREG PRODUCTS
3.1. The products offered are those which appear in the catalogue published on the website of SYREG. Each product is accompanied by a description established by SYREG. Images of the catalogue are most faithful possible but cannot ensure a perfect similarity with the product offered, particularly as regards the colors. These products are offered within the limit of stocks available. If some or all items are unavailable, SYREG shall inform the client by email as soon as time and offered him the possibility to choose between wait or cancel the order of unavailable items free of charge. Available items will be delivered normally.
3.2. In order to ensure optimal functionality of the product ECO-MANAGER, SYREG can adapt or modify the product ECO-MANAGER. SYREG inform his best the client of these adaptations and it will seek to minimize possible nuisances.
3.3. SYREG informs the customer about these adaptations in order to minimize any resulting inconvenience. The updating of the product (hardware and software) as soon as it is official, constitutes a right on the part of the customer, which cannot be avoided by SYREG.
4.1. The prices presented on the website of SYREG are in euros and are VAT, Recupel and other taxes and contributions not included.
4.2. Outside the European Union, the prices presented by SYREG are calculated on basis of course mentioned on the offer or, alternatively, the official quotation of the day of the offer. SYREG reserves the right to calculate the final price based on the course of the day of delivery. Prices are net for equipment packed in its factories or warehouses.
4.3. Unless otherwise written, straight, insurance, costs of mounting, start-up and adjustment hardware as well as any tax whatsoever, present or future, are not included in the price and are borne by the customer. In case all or part of the rights, taxes and fees whatsoever would be incorporated in the price, any increase or decrease of these elements will be brought into account to the client that will benefit it.
4.4. SYREG has the right to modify the prices advertised on its website if circumstances beyond his will cause an increase of commodity prices (expenses of delivery, salaries, social charges, ...). The price of the order is the price mentioned on the website at the time of the customer's order. The coupon codes are valid on electronic orders from the website and discounts cannot be combined with any other discount.
5. GEOGRAPHIC AREAS
The online sale of SYREG products is applicable for customers who reside around the world.
6. ONLINE PRODUCTS ORDER
Only products from the ECO-RF and ECO-I/O ranges as well as ECO-MANAGER software are available to online orders.
7. RIGHT TO WITHDRAW
7.1. In accordance with article VI.47. of the Belgian Code of economic law, the customer is entitled to a period of 14 days to retract from a distance contract. Only the exceptions set out in article VI.53. of the Belgian Code of economic law prevent the customer to exercise his right of withdrawal.
7.2. SYREG sends a confirmation email after receipt of the customer's withdrawal decision.
7.3. The products must be returned in their original packaging, with all accessories and in their state of origin. The customer is liable for the possible depreciation of the products resulting from the handling other than those necessary to establish the nature, characteristics and the proper functioning of these products. The customer is also obliged to respect products and handle with care.
7.4. SYREG will reimburse to the client, within the 14 days of the request of withdrawal, all amounts paid via the same payment method as that used when purchasing products SYREG. No refund will be in cash.
7.5. SYREG reserves the right to defer repayment until the recovery of the property or until the customer has provided proof of shipment of the products.
7.6. If, however, the customer wishes to withdraw after a period of 14 days, SYREG claims the following costs:
- Travel expenses, visit of the building ;
- Compensation of 10% of the total cost ;
- Costs of preparation and calculation of the price offer ;
- Fixed costs of secretarial of 150 € ;
- Expenses of material engaged (e.g. support, specific fixing plate ...).
The above fees will be claimed as of right.
8. TERMS OF PAYMENT AND EVIDENCE
8.1. For the material as well as placement and commissioning, the terms of payment are as follows:
- a deposit of 15% when you order;
- a deposit of 60% at the beginning of the work;
- a deposit of 20% at the end of the work;
- the balance of 5% at commissioning.
8.2. For remote management assistance and Omnium warranty, the payment of the monthly fee takes place before the 5th day of the month following the end of the commissioning of the installation. The monthly payment is indexed by index "health for wages and rents". The anniversary date of the entry into force of this agreement, the cost of the supervision will be indexed according to the following formula:
The index cost=
cost basis x new index
The cost basis is the contractually fixed cost. The new index is the index of the month preceding the anniversary date. The starting index is the index of the month preceding the signing of the contract.
All the invoices issued by SYREG are payable exclusively to the headquarters.
The expedition against reimbursement, the draw of treaties on the client or the acceptance of treaties do not operate novation; the contract remains in force in all its terms, conditions and obligations.
Any unpaid amount at maturity will cause of right, without prior notice and without prejudice to all other rights of SYREG, all at once:
- The application of interest at the legal rate of 1 % per month from the day of the due date until the day of effective payment ;
- Forfeiture of the term granted to the customer in the case of instalments of the sale price or that of repair ;
- The liability for all of the balance of the amount above ;
- The output of an amount equal to 10 % on the first € 7,500, with a minimum of € 25, and 5 % on the balance, for damages fixed and irreducible ;
- The costs incurred for the collection of receivables, including lawyers, bailiff's fees...
8.3. As regards orders online or by phone, the client can make its payment in the following forms:
- By credit card VISA/MASTERCARD (for purchases by phone or online) ;
- By BANCONTACT / MISTER CASH / MAESTRO / PAYPAL (only for online purchases) ;
- By classic bank transfer to our account.
8.4. For municipalities and non-profit organizations, when the deadlines for payment are exceeded, SYREG is entitled to payment, by right and without formal notice, to an interest pro rata to the number of days of delay. This simple interest is either the interest rate applied by the European Central Bank to its most recent main refinancing operations or the marginal interest rate resulting from variable rate tendering procedures for the main refinancing operation.
The most recent of the European Central Bank. The interest rate is increased by eight per cent. The Minister in charge of Finance shall publish the semi-annual interest rate applicable for each half-year in the Moniteur belge.
If interest for late payment is due, SYREG is entitled to the payment, automatically and without formal notice, of a lump sum indemnity of forty euros for collection costs. In addition to this lump sum, SYREG is entitled to claim reasonable compensation for any other collection costs incurred as a result of late payment.
The introduction of the duly established invoice or the declaration of debt shall, where appropriate, be a statement of claim for interest and for recovery costs but shall not prejudice the starting point of the interest rate.
9. DELIVERY, INSURANCE AND INSTALLATION
9.1. Delivery times are not mandatory; they are given indicatively only. Therefore, their overflow cannot allow the client to cancel his order, request the termination of the contract or give rise to payment of damages and interest.
9.2. Delivery will start on the date of the written confirmation of the contract. They are subordinated to the respect of the obligations of the customer such as information or documents to be provided by the client in useful time, to changes made during the execution of the contract, to failure to comply with the terms of payment.
9.3. All transport, customs, handling operations brought to work are dependent and at the expense, risk and peril of the client, to which it belongs to check shipments on arrival and exercise, if applicable, recourse against the carriers, even if the shipment has been made postage paid.
9.4. The client commits to remove the material no later than 8 days after its provision. After this period, the material will be put on deposit and handled, if applicable, at the customer's risks and expenses.
9.5. SYREG cannot be held responsible for the malfunction of the equipment if its installation, its assembly and its setting were installed by a contractor approved by SYREG.
9.6. When SYREG carries out assembly for a lump sum amount, any additional costs resulting from losses of time whose cause is not attributable to SYREG will be charged to the client in addition to price.
9.7. The electric connection of the devices is done on the power supply of the premises either a switch or a power outlet. It is important that power is not switched off by the client.
9.8. SYREG cannot be held responsible for the undersizing of the heating installation (too low or defective pump) or a blocked valve body. Similarly, the tolerance of temperature control of the premises with cast-iron radiators is difficult because the inertia of the radiator is more important.
10. RECEIPT, APPROVAL
10.1. For deliveries outside the EU, it is the responsibility of the client to receive the equipment in factories or branches of SYREG. The signature by the client of the delivery note implies acceptance of the equipment.
10.2. Any claim for non-compliance must, to be valid, be made upon receipt of the material and confirmed at SYREG in writing within eight days' calendar from the date of issuance of the material.
11.1. Any claim for defect must be notified in writing to SYREG, indicating the date of the discovery and the nature of the defect. The action must be brought before the end of the warranty period of the product, under penalty of foreclosure.
11.2. Parts and labor are covered by the 2-year warranty.
11.3. Our warranty covers only repair or replacement of the defective recognized. Replaced parts shall remain our property.
- Damage caused by lightning ;
- Direct or indirect damage caused ;
- Costs of transport, shipping, moving or stay ;
- Breakdowns, deterioration or accidents resulting from excessive or abnormal use, negligence, defective maintenance or the inexperience of those who use the equipment ;
- Hydraulic system problems (leaks, circuit blockage, etc.)
- The valve body and / or the piston is locked;
- Boiler failures, circulator, three-way valve;
- The problem of regulating and managing boiler temperatures
- The client's computer problems (LAN, modem, internet, switch ...);
- Defective electrical installation;
- Any act of vandalism or other problems on equipment not provided by SYREG; Provided of course that the damage is not due in whole or in part to the material of SYREG.
Our warranty will be void:
- If, during the warranty period, equipment is entrusted to third parties charges to repair or check its functioning or if parts are replaced by others, foreign SYREG provenance;
- In the event of transfer of equipment;
- In the event of modification of equipment delivered without our permission;
- If the customer does not meet its payment commitments.
Furthermore, the client has never entitled to defer its payment due to any claims.
12. SUPPLY AND REMOVAL
12.1. The supplies include only the equipment specified in the estimate. The performance-related information is given only for informational purposes and without warranty. they may under no circumstances give rise to claims, price reduction or other damages and interest.
12.2. The costs of dismantling and control of the equipment with the intention of making out an estimate of repair are borne by the client. The estimates prepared by SYREG are without commitment.
13. PROPERTIES AND RISKS
13.1. The sold equipment, including accessories, remains the property of SYREG as long as the client has not paid full amounts due.
13.2. However, all risks that this hardware could run are supported by the client as soon as it is made available.
13.3. In case a shipment is delayed by the head of the client, the remaining 70% is payable no later than one month after the notice of provision.
14.1. This clause is only applicable in case of a written stipulation (price offer).
14.2. During commissioning, SYREG provides the configuration of the database. After a period of test, SYREG proposes a plan for encoding the programming setpoints and models in the ECO-MANAGER program. This is provided for information purposes only.
14.3. The customer also receives a training on the remote management and energy accounting program. This is included in the price offer.
15. SYREG SERVICE: REMOTE MANAGEMENT ASSISTANCE
15.1. The cost of remote management assistance is calculated per site and depends on the number of rooms regulated by SYREG. The service is invoiced monthly with a VAT of 21%.
15.2. The ECO-RF system is monitored by SYREG via the Internet during opening hours from Monday to Thursday from 9 am to 4 pm and on Friday from 9 am to 2 pm. The purpose of a remote management assistance is to monitor the customer’s installation in order to determine the problem and to correct it. If not, SYREG intervenes on site within the legal guarantee.
15.3. At the request of the customer, SYREG changes the temperature setpoints and programming models in ECO-MANAGER. Any modification of the instructions can be requested either by e-mail at: email@example.com or by phone at 04 377 10 52.
15.4. The data transmitted will be the room, the day, the start time and the desired temperature. The changes are programmed by SYREG and sent to the ECONTROL stations.
15.5. Any modification of setpoints will be made within 2 hours after receipt of the information and provided that it is transmitted during the opening hours of SYREG from 9 am to 4 pm from Monday to Thursday and from 9 am to 2 pm on Friday.
15.6. In order to limit changes to unwanted instructions, only the responsible persons chosen by the customer will be entitled to make the changes.
15.7. Remote management assistance also covers questions concerning the use of ECO-MANAGER software or ECO-RF equipment.
16. SYREG SERVICE: Omnium warranty
16.1. The Omnium warranty payable monthly is granted only on ECO-RF equipment.
16.2. The monthly cost of the Omnium warranty is calculated per site and depends on the number of rooms regulated as well as the distance travel between SYREG and the customer. The VAT is 6%.
16.3. In the event of a failure on the equipment, SYREG intervenes on site and performs troubleshooting of the installation. The Omnium warranty includes the repair of the equipment included labor with travel.
16.4. Troubleshooting will only be done during the opening hours of SYREG.
16.5. The annual ECO-MANAGER license is part of the Omnium contract and must therefore no longer be paid.
16.6. In the event of a call by the customer for a repair that is unnecessary, the service will be invoiced as follows:
- An hourly cost of 75 € excl. VAT.
- A travel of 40 € HTVA (departure and return from our workshop).
- A travel cost of 0,5 € excl. VAT per km.
16.7. In case of intervention outside normal business hours or if the call is unnecessary, the cost of the service will be doubled.
16.8. The annual updates of the ECO-MANAGER software require an additional training. This is included in the Omnium warranty. Otherwise, the cost of this training will be invoiced at 300 € excluding VAT.
17. WITHOUT SYREG SERVICES
17.1. Without an assistance contract, any request (by telephone or e-mail) concerning a change of timeslots in ECO-MANAGER will be invoiced at a fixed cost of 20€.
17.2. Without an OMNIUM contract, any request (by telephone or email) concerning a technical or computer support will be invoiced at 90 € / hour.
17.3. Without a contract, the cost of any additional training will be invoiced at 300 € excluding VAT.
SYREG, in the process of online sale, is held only by an obligation of means; its responsibility could not be committed for a damage resulting from improper use of Internet network such as loss of data, intrusion, virus, interruption of service, or other involuntary problems.
19. INTELLECTUAL PROPERTY
19.1. SYREG grants a use personal license of remote management program, non-transferable, non-exclusive, for use during the life of the contract all software and documentation concerning the supervision.
19.2. SYREG retains at all times the property rights and interests relating to the software and documentation provided, including all intellectual property rights related to.
19.3. The studies, drawings, plans, schemes, projects and documents of any kind delivered or sent to the customer by SYREG remain the sole property of SYREG and must be treated as confidential. They cannot be communicated, reproduced or executed without the written permission of SYREG. The furnishing of these documents is made for information without commitment and it can in no way engage the responsibility of SYREG.
For any remark about ordering, products or management programs, please contact us by email at firstname.lastname@example.org or + 32 (04) 377 10 52 number (from Monday to Thursday from 9: 00 a.m. to 4: 00 p.m. and Friday from 9: 00 a.m. to 2: 00 p.m.).
21. COMPLAINTS CONCERNING A BILLING
The parties agree that complaints relating to billing and/or other amounts due are taken into consideration only if they are transmitted at SYREG by registered letter within 7 days after the maturity of the sum in question and on condition that it is drafted accurately and detailed. This complaint may not discharge the customer from its payment obligation.
22. SETTLEMENT OF DISPUTES
These terms and conditions are subject to Belgian law. In case of dispute of any kind whatsoever, the courts in the jurisdiction in which is located the headquarters of SYREG are only competent. SYREG reserves in any case, the right to bring the dispute before any other competent court.
SYREG offers the customer the documents for the introduction of the subsidy file to the Région wallonne. However, SYREG is in not responsible for the decision of granting the subsidy and does not intervene in the qualitative process of the file. When the customer obtains the subsidy, he must return the documents to the Région wallonne within the time limits. SYREG is not responsible for any foreclosures by the customer. The delay in the procurement of the received and provisional certificates cannot be attributed to SYREG who is not responsible for the issuance of these documents.