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General Terms and Conditions Fly By Wire bv

All our deliveries are subject to the terms of sale described below. Any deviation must be reported in writing and expressly accepted by us.
  1. Unless stated otherwise and clearly indicated, every order implies acceptance of our terms and conditions by the customer and the rejection of his own terms and conditions of purchase and sale. The customer's order implies that he has read, understood, and accepted the terms and conditions of sale.
  2. By accepting the quotation, order form, or work order, the customer expresses their agreement to our prices. A minimum duration of 1 hour applies to services. A minimum rate of €20 applies to travel.
  3. Quotations are valid for a maximum of 14 days. If suppliers unilaterally adjust the price, FLY BY WIRE BV is entitled, even without submitting a new price quotation to the customer, to pass on this price increase upon simple notification.
  4. The customer shall prepay 50% of the goods upon acceptance of the quotation or upon placing an order. FLY BY WIRE BV will only proceed with the order after receipt or proof of the advance payment. If, due to late payment of the advance, the customer is no longer able to benefit from a specific promotion, FLY BY WIRE BV cannot be held responsible in any way. The customer then naturally has the right to request a new quotation for similar material or a refund of the paid advance.
  5. Hardware, software, and labor hours not mentioned in a quotation will form part of a new quotation. This will be accepted again by the customer. A verbal request from the customer for additional hardware, software, or work is considered a signed order. Naturally, FLY BY WIRE BV will always endeavor to present this in the form of a purchase order. This in no way relieves the customer of the obligation to request a purchase order for signature or, if no purchase order has been signed, to pay for the delivered goods or performed work.
  6. The agreed delivery period applies only to goods available from stock. In all cases, the delivery period is merely an indication and is not binding. The buyer cannot assert any right to compensation, nor demand the termination or dissolution of the agreement, if the deadlines are not met.
  7. The seller is entitled to make partial deliveries.
  8. The goods always travel at the expense and risk of the buyer, regardless of the person undertaking the transport and on whose behalf. Deliveries are subject to the standard rate.
  9. Hardware warranty is valid provided the following conditions are met: products and/or services are presented with the relevant sales document stating the date, amount, signature of an authorized person of the manager(s) or representative(s), and the manufacturer's numbering or serial number(s). This numbering must correspond to the products concerned, and they must always be packaged in the original box. Warranty may be refused if the person and/or company concerned still has outstanding invoices or debts to settle with us. The warranty does not cover transport costs and labor hours exceeding half an hour per system. Nor does the warranty cover damage to our products caused by force majeure, magnetic or electrical induction caused outside our technical service, manipulation by third parties, or damage to our products caused by transport by someone other than us. Furthermore, consumables (ink, floppy disks, paper, CDs, etc.), nor products and/or services for which we cannot maintain our warranty with our suppliers, are exempt from warranty. For software, only the manufacturer is responsible for the warranty. FLY BY WIRE cannot under any circumstances be held liable with regard to software and/or hardware that was not developed by itself. The warranty on our products is valid for 1 year from the date stated on the sales document. This does not apply to products or parts cheaper than 40 euros incl. VAT, for which a warranty of 3 weeks applies, unless otherwise stated on the invoice. Warranties are always carry-in (to the current address of FLY BY WIRE BV). The transport costs for products under warranty are always at the expense of the buyer.
  10. All invoices are payable in cash and no later than 30 days after the invoice date, regardless of the method of payment. Bills of exchange or entering into financing do not constitute grounds for novation of debt nor for modification of these terms and conditions.
  11. The agreements concluded by our representative(s) are only valid after the approval of the manager.
  12. To be valid, any complaint must be lodged by registered letter within eight days of delivery; otherwise, it shall be considered null and void.
  13. The sending or issuance of the invoice constitutes a notice of default for payment in proper and valid form.
  14. In the event of non-payment, the outstanding balance shall become due and payable immediately and in full by operation of law and without prior notice of default, and shall accrue default interest of 12% per month. Furthermore, the seller shall be entitled to claim an additional amount equal to 10% of the outstanding balance, with a minimum of 40 euros, by way of liquidated damages, expressly agreed between the parties.
  15. Notwithstanding Article 1583 of the Belgian Civil Code, FLY BY WIRE BV remains the owner until the day of full payment of the principal and/or interest and/or lump-sum compensation. In doing so, the buyer grants the seller the right to collect the delivered material at any time, wherever it may be located. To the extent necessary, the buyer authorizes the seller to enter the premises occupied by the buyer.
  16. FLY BY WIRE BV can never be held responsible for the loss of data in any form whatsoever. FLY BY WIRE BV will naturally always strive for the most complete preservation of the data possible. This in no way relieves the customer of their personal responsibility to make a backup of their data. Consequently, the customer cannot under any circumstances claim compensation for data loss. The only exception to this is when a Service Level Agreement (SLA) has been signed by both parties. The burden of proof for this rests entirely with the customer.
  17. All terms shall be interpreted for the benefit of FLY BY WIRE BV.
  18. FLY BY WIRE BV is understood to be the seller, and the customer the buyer.
  19. Any dispute that may arise between the parties may be settled exclusively by the Court of Ghent, Bruges Division, for both national and international transactions, and Belgian law shall always be deemed applicable.