ORDER, SALES & INVOICE CONDITIONS
These general terms and conditions apply to every offer, quotation, work sheet, invoice or agreement between SVR bv, established in
8870 Izegem, Minervastraat 4, and with company number RPR Ghent Kortrijk department 1013.204.986 (hereinafter referred to as "SVR Autosport") and
its customer (hereinafter referred to as “Customer”), of which the Customer declares to have taken note and to accept it in full.
Any order, placed orally or in writing with SVR Autosport, as well as any acceptance of a quotation, order form or invoice from SVR
Autosport, implies that the Customer agrees to these general terms and conditions and completely waives the application of
its own general terms and conditions.
I. Price:
1. The Customer acknowledges that the price was indicated in writing in a clearly legible, visible and unambiguous manner upon acceptance of the invoice.
Prices are stated in Euro and exclude VAT, which is charged to the Customer.
2. Our prices are based on the cost prices, wages and the like applicable at the time of ordering and confirmation. Therefore, any
price quotations are only indicative and not binding and SVR Autosport is always entitled to increase the agreed prices, even
even if this occurs as a result of circumstances that were already foreseeable at the time of the offer, acceptance or confirmation. Only the
invoiced amount is binding.
3. Unless the parties agree otherwise in writing, SVR Autosport invoices are payable no later than fifteen days after the invoice date.
4. Each payment will be charged to the oldest invoice. Payment will first be charged to damages, then to interest and then
on the principal.
5. All invoices are payable at the registered office of SVR Autosport.
6. If the Customer fails to pay the invoice within fifteen days of the invoice date, the Customer shall automatically and without further notice be in default.
notice of default the following provisions apply:
● All amounts outstanding and owed by the Customer shall become immediately due and payable;
● The Customer concerned is legally and without prior notice liable to pay interest of 1% per month on the
unpaid invoice amount from the date of invoicing;
● The Customer is also legally and without prior notice liable to pay a fixed compensation amounting to
of 12% of the amounts due, with a minimum of EUR 100 and this without prejudice to the right of SVR Autosport to
to claim higher compensation upon proof of higher actual damages suffered;
● All permitted discounts will expire;
● Does SVR Autosport have the right to suspend the agreement until the invoice has been paid in full, without having to pay any
compensation is due. If SVR Autosport suffers damage (both direct and indirect) as a result of this suspension,
the Customer concerned must compensate SVR Autosport for this.
7. The accrued interest extending over a unit of one full year after payment of the invoice will be automatically and
added to the principal amount of the balance due without any notice of default, in such a way that they themselves also yield interest. The same
happens with the interest due for the successive years, which also automatically and without any notice of default at the end
is capitalized from each annual maturity date.
8. All collection and protest costs of the accepted or unaccepted bill of exchange shall be borne by the Customer, without the use of bills of exchange affecting the
place of payment changes. In the event of non-compliance with any payment terms and conditions, whether in the form of bills of exchange or
If payment is made in any other way, the entire claim becomes immediately due and payable.
9. Debt offsetting by the Customer is expressly excluded.
II. Delivery:
10. All obligations are deemed to have been entered into at the registered office of SVR Autosport and are enforceable there.
11. Our deliveries are made ex works (INCOTERMS 1990) at the registered office of SVR Autosport and are deemed to have been delivered by us.
if the Customer has failed to collect them within the
two weeks after notification of delivery.
12. The delivery period is only indicative and SVR Autosport cannot be held liable for any damages due to the
expiry of the indicated delivery period. The Customer remains liable for the
obligations. Only if the delivery period is exceeded by more than six months, can dissolution follow, without
however, damages may be due.
III. Retention of title and transfer of risk
14. The delivered goods remain the exclusive and full property of SVR Autosport until the Customer has fully satisfied all that
in return for the services provided by SVR Autosport or
to be delivered to SVR Autosport, including payment of the agreed price, costs, interest and
any damages. Nevertheless, the risks of loss or destruction of the goods sold will be fully borne
by the Customer from the moment the goods sold were delivered to the Customer, or were deemed to have been delivered.
IV. Force Majeure
15. SVR Autosport can never be considered as having failed to fulfil its contractual obligations if the execution of the
the Customer's concluded agreement is delayed or prevented
was due to a case of force majeure. Force majeure is considered to be the existence or occurrence of any
circumstance that could not have been foreseen, is irrefutable and independent of the will of the parties involved, and which one of the latter
prevents him from fulfilling on his part the obligations provided for in the contract (such as, for example, without this list being exhaustive,
government order, mobilization, war, epidemic, lockout, strike, demonstration, defects, fire, flood, explosion, lack of
raw materials, energy or labor, changed economic circumstances, vandalism, extraordinary weather conditions, etc.). In
In any event, the parties concerned must take all necessary measures to ensure that those obligations, affected by the event of
force majeure, be carried out normally as soon as possible.
16. In the event of an incident of an economic or commercial nature that could not have been foreseen after the signing of the contract
and the implementation thereof becomes disadvantageous to one of the parties, they come together again to assess the situation and try
to restore the original balance. If the parties reach an agreement, an annex will specify the new provisions for the
execution of the contract. In the event that the parties do not reach an agreement and after a period of one month after the first meeting of the
parties, the parties agree to terminate the contract.
V. Warranty conditions and liability:
17. The Customer acknowledges that he/she has obtained proper and useful information regarding the characteristics of the product before placing the order.
of the product or service, as well as regarding the order, sales and invoice conditions. The product is in accordance with the reasonable
anticipated use and needs, as expected by the Customer.
18. Visible defects must be reported within eight days of delivery. Defects in conformity between the delivered goods and the
agreement within two months and eight days after delivery.
19. SVR Autosport is only liable for clearly demonstrable delivery, manufacturing or material errors. The warranty is provided by the
sales stated on the invoice. Warranty period for new goods is two years from delivery. Warranty period for
second-hand goods are valid for one year from delivery. No warranty is given for wearing parts.
20. The warranty shall lapse in the event of sale by the Customer to a third party for defects resulting from incorrect handling of the delivered goods.
21. The warranty also expires if the Customer has made changes and repairs to the delivered goods himself or has them made by third parties.
and/or if the delivered goods have been treated or maintained in an improper manner. Guarantees on work are exclusively and exclusively in
the workshop of SVR Autosport, unless in the case of a written agreement.
22. Any warranty shall also lapse in the event of incidents resulting from unexpected circumstances or force majeure, as well as in the event of
replacements or repairs resulting from normal wear and tear of the material, damage or accidents resulting from
from negligence, lack of supervision or maintenance and the incorrect use of the material. All guarantees with regard to services provided
or materials for racing or competition vehicles expires when the vehicle leaves the workshop, as the materials and vehicles are subject to
are subject to extreme conditions and very intensive use. All damage resulting from motorsports cannot be traced back to this either
SVR Autosport.
23. The Customer acknowledges that the warranty provided, the legal rights granted to him under the applicable national law
rights regarding the sale of consumer goods
leave intact.
24. The liability of SVR Autosport is strictly limited to the obligations as determined here. The liability of SVR
Autosport is in any case limited to the liability that is mandatory by law. Moreover, SVR Autosport cannot be held liable in any way
be held liable in any way for indirect damage, nor for immaterial damage, whether or not the result of material damage
damage, such as, but not limited to, loss of exploitation, any costs or expenses whatsoever resulting from the
unavailability of the material in question, damage suffered by third parties, etc.
25. The liability of SVR Autosport is in all cases limited to the amount that was/will be paid by SVR Autosport to the Customer.
invoiced.
26. SVR Autosport products are intended for sports and racing cars and are only intended for use in motorsport, even if the
installation takes place on vehicles that are used by the Customer at his own responsibility for the transport of persons on the
public road. The homologation of these products is the sole responsibility of the Customer. If the Customer were to assemble parts
or have it fitted by SVR Autosport on a vehicle intended for use on public roads, this falls exclusively under the
Customer's responsibility. SVR Autosport cannot be held liable for the fact that products are not adapted for
such use, nor for the consequences thereof. The parts/products of SVR Autosport must be installed by professionals who
are specialized by experience in these specific services and therefore in some cases require adjustments during installation that a
may entail additional costs.
27. Tuning and modification of the engine and engine management are not permitted in Belgium for cars intended for use on the
public road and which are not provided with an adjusted homologation with described changes. SVR Autosport does not modify
vehicles intended for use in public traffic and can therefore not be held responsible for any possible
consequences of using a car modified by SVR Autosport on public roads. SVR Autosport emphasizes that it builds machines
and that they are only suitable for use on a circuit or in motorsport. Using such machines on public roads as a car or
any other vehicle is strictly prohibited without the appropriate homologation procedure if applicable. SVR Autosport
is not liable if the machines or vehicles supplied have recognized or unrecognized license plates or homologations that deviate
of or similar to any standard. Any vehicle or means of transport is therefore considered to be a machine and is deemed to be
to be suitable for motorsport at the locations provided for this purpose. SVR Autosport is not a garage for vehicles intended for
passenger transport on public roads, although SVR Autosport is a developer and builder of machines intended for racing and motorsports
that will be spent on the designated areas. All services and products provided are not permitted for use on the
public road, unless otherwise stated.
28. The Customer's vehicles are always stored at his/her risk at the registered office of SVR Autosport. The owner of these vehicles remains
responsible for both own damage and possible damage to third parties. For vehicles that have not been returned within 8 days of being made available
collected, a daily fee of 6.20 euros excluding VAT will be charged, starting from the ninth day.
VI. Disputes:
26. All disputes must be made in writing, under penalty of forfeiture, and will lapse if notified in a timely manner.
27. The Customer who does not protest the received invoice within eight days of receipt, acknowledges the goods stated on the invoice, as well as
to have received a copy of the invoice.
28. In the event of disputes, only the courts and tribunals for the judicial district where the registered office of SVR Autosport is located shall have jurisdiction.
is competent. Belgian law is applicable.
29. If the Customer signs both in his own name and in the name of the company for which he is acting, both parties are jointly and severally liable.
obliged to pay the full debt as provided in
current conditions
VII. Severability- Nullity
32. The nullity, invalidity, unenforceability or unenforceability of one or more provisions of these general sales conditions or
rental conditions, in no way affects the
validity, enforceability or opposability of the other provisions of these general terms and conditions of sale or rental in the
crowd.
33. In the event of nullity, invalidity, unenforceability or unenforceability of one or more provisions of these general terms and conditions
sales or rental conditions, the parties will make every effort to replace the relevant provision with a valid clause that
most closely reflects the intentions and intent of the parties.