Terms and Conditions

Automobilia Trucks Ypres Terms and Conditions
Terms and Conditions for Automobilia T&C
Terms and Conditions for Automobilia Trucks Pittem
Terms and Conditions for Recon Trucks
Terms and Conditions of the CARS Division of Automobilia

1. General Terms and Conditions of Automobilia Ieper NV

These terms and conditions apply to all agreements entered into by Automobilia Ieper NV, unless the parties involved expressly agree in writing to different terms and conditions.

These general terms and conditions are presumed to be known to the customer: the absence of any response within eight days of the very first notice shall render them enforceable, including for subsequent agreements.

These terms and conditions take absolute precedence over the buyer’s order and/or purchase terms, even if the buyer stipulates otherwise.

1. Choice of Law and Jurisdiction

1.1. All agreements entered into by Automobilia Ieper NV shall be governed solely by Belgian law. This provision applies in all cases, regardless of the capacity of the parties, the place where the agreement was concluded, or where the agreement is to be performed, to the extent that the choice of applicable law is permitted.
1.2. All legal claims relating to these invoices or contracts fall under the jurisdiction of the Commercial Court of Ghent, Ypres Division. However, Automobilia Ieper NV may also bring legal claims before the court that would have jurisdiction without the application of this clause. All of the foregoing applies to the extent that the designation of the competent court is permitted.

2. Payment

2.1. Invoices issued by Automobilia Ieper NV are always payable at its registered office. These invoices are payable in cash upon issuance. Any overdue payment shall, by operation of law and without notice of default, accrue contractual interest equal to 1% per month or part thereof. Furthermore, in the event of total or partial non-payment of the debt on the due date without good cause, the outstanding balance shall be increased by a contractual penalty of 12%, with a minimum of 125,00 EUR. If, notwithstanding the foregoing, Automobilia Ieper NV nevertheless grants payment installments, the installments not yet due shall become due and payable upon the first default. The same applies if the customer allows accepted bills of exchange to be protested. In the event of default, any and all rights to commission or agreed-upon discounts shall lapse.
2.2. In the event of late payment, Automobilia Ieper NV reserves the right, without the need for a summons, to suspend its services, regardless of whether they arise from the current contract or from previous or subsequent contracts, and regardless of the vehicle to which they relate, and to resume them only—unless otherwise agreed between the parties—upon settlement of all payments, meaning the full unpaid principal amount, including any interest and damages.
2.3. Any overdue payment, even partial, by the customer as of the due date, entitles Automobilia Ieper NV to declare the contract terminated by operation of law and automatically. Notice of this termination may be given through any legal channel. Late payment interest, as well as the lump-sum compensation, remain due to Automobilia Ieper NV regardless of the termination of the sale.

3. Delivery or Completion Deadlines

Delivery or completion deadlines are always provided for informational or indicative purposes only and do not entitle the client to compensation, a price reduction, or termination of the agreement.

4. Lump-sum compensation upon termination of the agreement

If the customer fails to fulfill an obligation, Automobilia Ieper NV may choose between specific performance or termination of the agreement, where applicable, in accordance with Article 2 in fine, in exchange for lump-sum damages equal to 20% of the purchase price or contract price, unless Automobilia Ieper NV opts for compensation for proven damages.

5. Complaints

In accordance with Article 1641 et seq. of the Civil Code, any complaint or comment must be reported at the time of delivery and, in the case of a latent defect, immediately upon discovery. If Automobilia Ieper NV does not confirm receipt of the timely complaint in writing by return mail, the complaint or comment must—on pain of inadmissibility—also be brought to the attention of and confirmed to Automobilia Ieper NV within five days in a detailed letter with a clear reference to the date of the complaint or comment, by means of aregistered letter to Automobilia Ieper NV, under penalty of inadmissibility. The warranty against hidden defects is strictly limited to the repair of the defective parts in the workshop, without any right to compensation for abnormal wear and tear or any consequential damages. Visible defects arewaived upon acceptance of the goods if the customer was aware of the defect at the time the contract was concluded or should reasonably have been aware of it. Under no circumstances does the customer have the right to request termination of the contract if the defect he claims is of minor significance.

6. Electronic Data Collection – Privacy Statement

The Customer is aware that vehicles manufactured, delivered, or marketed by a company within the Volvo Group are equipped with one or more systems capable of collecting and storing information about the vehicle (hereinafter the “Information Systems”), including, but not limited to, information regarding the vehicle’s condition and performance, as well as information regarding the vehicle’s operation (collectively, the “Vehicle Data”). The Customer agrees not to interfere with the operation of the Information Systems in any way.

The Customer acknowledges that VTC: (i) has access to the Information Systems at all times (including remote access); (ii) may collect the Vehicle Data; (iii) may store the Vehicle Data on systems belonging to the Volvo Group; (iv) may use the Vehicle Data to provide services to the Customer, as well as for its own internal and other reasonable business purposes; and (v) may share the Vehicle Data within the Volvo Group and with selected third parties.

The Customer shall ensure that every driver or any other person authorized by the Customer to operate the vehicle: (i) is aware that personal data relating to them may be collected, stored, used, shared, or otherwise processed by VTC; and (ii) is referred to or provided with a copy of the applicable Volvo Group privacy statement (available at https://www.volvogroup.com/en-en/privacy.html).

The Customer agrees that, if he sells the vehicle or otherwise transfers ownership to a third party, he will ensure that the new owner of the vehicle is aware of this Section 6 and agrees to its terms. This consent must be provided to VTC in writing, upon receipt of a request to that effect from VTC, within 14 calendar days of the transfer of ownership of the vehicle.

The customer consents to the use of their data for the purposes of promoting and developing products and after-sales services, as well as for the provision of the aforementioned services.

For the purpose of product improvement and notwithstanding any conflicting clause, the customer expressly authorizes the manufacturer or importer to perform remote updates of the vehicle’s parameters.

The Customer acknowledges that the data management agreement, available on the following website http://tsadp.volvotrucks.com/ , forms an integral part of these General Terms and Conditions of Sale and agrees that the provisions of that agreement apply to any data processing under these General Terms and Conditions.

7. Warranty

Automobilia Ieper NV is not bound by any warranty other than or more extensive than that provided by the manufacturer or importer. In the event that Automobilia Ieper NV provides a personal warranty, the customer may in any case only invoke this commitment if the vehicle in question is exclusivelyserviced and repaired by Automobilia Ieper NV. Any warranty obligation shall lapse if the customer fails to strictly adhere to the manufacturer’s instructions or uses the vehicle for improper purposes.

8. The conclusion of a contract regarding vehicles, bodywork, components, parts, semi-trailers, and trailers.

8.1. As an authorized dealer, Automobilia Ieper NV receives and records orders for commercial vehicles, components, and parts of the brands it distributes.
8.2. All obligations arising from the concluded sales agreement between the customer and Automobilia Ieper NV are, however, subject to the condition precedent that the manufacturer of the aforementioned brands sells the product to Automobilia Ieper NV and actually delivers it.
8.3. In the event of non-acceptance by the manufacturer, it is definitively established that no sale will take place, which Automobilia Ieper NV may notify the buyer of by means of a simple letter. To the extent permitted, Automobilia Ieper NV disclaims any liability that might arise from this.
8.4. Any agreements regarding the financing of the goods purchased by the buyer are not enforceable against Automobilia Ieper NV. Consequently, the buyer may never invoke the failure to obtain financing as a means of evading his obligations.
8.5. Automobilia Ieper NV has the right to suspend the fulfillment of an accepted order and to require a bank guarantee from the customer if Automobilia Ieper NV has reasonable doubts regarding the ability or intention of the other party to fully fulfill its obligations.

If the customer is unable to submit a bank guarantee for the order to be fulfilled within two weeks of receiving a reasoned notice from Automobilia Ieper NV regarding its reasonable doubts, the agreement shall be terminated by operation of law, without notice of default, to the detriment of the customer, upon simple declaration by Automobilia Ieper NV. The customer acknowledges that any suspension will inevitably result in a delay in delivery, such that any delivery deadline will no longer be binding on Automobilia Ieper NV.

9. Risk

The general risk, and in particular the risk of loss or damage to the goods, passes to the buyer upon signing the purchase agreement or the order form; from that point on, the buyer shall bear all costs associated with the safekeeping and use of the goods.

10. Retention of Title

Ownership of the sold goods will only transfer to the customer once Automobilia Ieper NV has received the full purchase price, including the purchase price of any options as well as interest and additional fees, and any additional costs, has received. As long as this full purchase price has not been paid in full, the customer may not dispose of the purchased item in any form whatsoever, may not make any changes to it, nor remove any part of it. Should the item nevertheless be sold, the retention of title shall be transferred to the resale price. This retention of title is a retention of title within the meaning of Article 101 of the Bankruptcy Act.

11. Fulfillment of orders for commercial vehicles, bodywork, components, parts, semi-trailers, and trailers.

11.1 Automobilia Ieper NV draws the customer’s attention to the fact that manufacturers reserve the right to make changes to their models at any time, without this imposing an obligation on said manufacturers to also apply these changes to models that have already been delivered or already ordered but not yet delivered models.

11.2 The customer is obligated to take delivery of the sold or repaired goods within five days of notification that they are ready for pickup. If the goods are not picked up within the aforementioned five-day period, the customer shall owe a storage fee of 20 € per day.

12. In the event of non-payment, Automobilia Ieper NV has the right to retain the vehicle or other goods belonging to the client that it has in its possession until all payments have been made, namely the full principal amount owed, including any interest and damages. Automobilia Ieper NV may also exercise its right of retention due to outstanding debts arising from deliveries and services other than those relating to the retained vehicle.

13. If any provision of these contractual terms and conditions is void, the remaining provisions shall remain in full force and effect, and the parties shall replace the void provision with another provision that approximates the purpose and intent of the void provision as closely as possible. In the interpretation of these contractual terms and conditions, the Dutch-language version shall prevail.

2. General Terms and Conditions of Automobilia Trucks & Cars NV

These terms and conditions apply to all agreements entered into by Automobilia T&C NV, unless the parties involved expressly agree in writing to different terms and conditions.

These terms and conditions take absolute precedence over the buyer’s order and/or purchase terms, even if the buyer stipulates otherwise.

1. Choice of Law and Jurisdiction

1.1. All agreements entered into by Automobilia T&C NV shall be governed solely by Belgian law. This provision applies in all cases, regardless of the capacity of the parties, the place where the contract was concluded or where it is to be performed, to the extent that the choice of applicable law is permitted.
1.2. All legal claims relating to these invoices or contracts fall under the jurisdiction of the Courts of Veurne or the Justice of the Peace of the Canton of Diksmuide. However, Automobilia T&C NV may, however, also bring legal claims before the court that would have jurisdiction without the application of this clause. All of the foregoing applies to the extent that the determination of the competent court is permitted.

2. Payment

2.1. Invoices issued by Automobilia T&C NV are always payable at its registered office. These invoices are payable in cash upon issuance. Any overdue payment shall, by operation of law and without notice of default, accrue contractual interest equal to 1% per month or part thereof. Furthermore, in the event of total or partial non-payment of the debt on the due date without good cause, the outstanding balance shall be increased by a contractual penalty in the amount of 12% with a minimum of 125.00 EUR. If, notwithstanding the foregoing, Automobilia T&C NV nevertheless grants payment installments, the installments not yet due shall become due and payable upon the first default. The same applies if the customer allows accepted bills of exchange to be protested. In the event of default, any and all rights to commission or agreed-upon discounts shall lapse.
2.2. In the event of late payment, Automobilia T&C NV reserves the right, without the need for a summons, to suspend its services, regardless of whether they arise from the current contract or from previous or subsequent contracts, and regardless of the vehicle to which they relate, and to resume them only—unless otherwise agreed between the parties—upon settlement of all payments, meaning the full unpaid principal amount, including any interest and damages.
2.3. Any overdue payment, even partial, by the customer as of the due date, entitles Automobilia T&C NV to declare the contract terminated by operation of law and automatically. Notice of this termination may be given through any legal means. Late payment interest, as well as the lump-sum compensation, remain due to Automobilia T&C NV regardless of the termination of the sale.

3. Delivery or Completion Deadlines

Delivery or completion deadlines are always provided for informational or indicative purposes only and do not entitle the client to compensation, a price reduction, or termination of the agreement.

4. Lump-sum compensation upon termination of the agreement

If the customer fails to fulfill an obligation, Automobilia T&C NV may choose between specific performance or termination of the agreement, where applicable, in accordance with Article 2 in fine, in exchange for a lump-sum compensation equal to 20% of the purchase price or contract price, unless Automobilia T&C NV opts for compensation for proven damages.

5. Complaints

In accordance with Art. 1641 et seq. of the Civil Code, any complaint or comment must be reported at the time of delivery and, in the case of a latent defect, immediately upon discovery. If Automobilia T&C NV does not confirm receipt of the timely complaint in writing by return mail, the complaint or comment must, on pain of inadmissibilityinadmissibility, also be communicated to Automobilia T&C NV within five days in a detailed letter clearly referencing the date of the complaint or comment, sent by certified mail, andC NV by registered letter, with clear reference to the date of the complaint or comment, within five days, on pain ofinadmissibility. The warranty against hidden defects is strictly limited to the repair of the defective parts in the workshop, without any right to compensation for abnormal wear and tear or any consequential damages. Visible defects are covered upon acceptance of the goods if the customer was aware of the defect at the time the contract was concluded or should reasonably have been aware of it. Under no circumstances does the customer have the right to request termination of the contract if the defect he or she invokes is of minor significance.

6. Electronic Data Collection – Privacy Statement

The Customer is aware that vehicles manufactured, delivered, or marketed by a Volvo Group company are equipped with one or more systems that can collect and store information about the vehicle (hereinafter the “Information Systems”), including, but not limited to, information regarding the vehicle’s condition and performance, as well as information regarding the vehicle’s operation (collectively, the “Vehicle Data”). The Customer agrees not to interfere with the operation of the Information Systems in any way.

The Customer agrees that, if he sells the vehicle or otherwise transfers ownership to a third party, he will ensure that the new owner of the vehicle is aware of this Article 6 and agrees to its contents. This consent must, upon receipt of a request to that effect from VTC, be submitted in writing to VTC within 14 calendar days of the transfer of ownership of the vehicle.

The customer consents to the use of his data for the purposes of promoting and developing products and after-sales services, as well as for the provision of the aforementioned services.

7. Warranty

Automobilia T&C NV is not bound by any warranty other than or more extensive than that provided by the manufacturer or importer. In the event that Automobilia T&C NV provides a personal warranty, the customer may in any case only invoke this commitment if the vehicle in question is serviced and repaired exclusively by Automobilia T&C NV. Any warranty obligation shall lapse if the customer fails to strictly adhere to the manufacturer’s instructions or uses the vehicle for purposes other than those for which it is intended.

8. The formation of a contract regarding vehicles, bodies, components, parts, semi-trailers, and trailers.

8.1. As an authorized dealer, Automobilia T&C NV receives and records orders for commercial vehicles, components, and parts of the brands it distributes.
8.2. All obligations arising from the concluded sales agreement between the customer and Automobilia T&C NV are, however, subject to the condition precedent that the manufacturer of the aforementioned brands sells the product to Automobilia T&C NV and actually delivers it.
8.3. In the event of non-acceptance by the manufacturer, it is definitively established that no sale will take place, which Automobilia T&C NV may notify the buyer of by means of a simple letter. To the extent permitted, Automobilia T&C NV disclaims any liability that might arise from this.
8.4. Any agreements regarding the financing of the goods purchased by the buyer are not enforceable against Automobilia T&C NV. Consequently, the buyer may never invoke the failure to obtain financing as a means of evading his obligations.
8.5. Automobilia T&C NV has the right to suspend the fulfillment of an accepted order and to require the customer to provide a bank guarantee if Automobilia T&C NV has reasonable doubts regarding the customer’s ability or intention to fully fulfill its obligations.

If the customer is unable to submit a bank guarantee for the order to be fulfilled within two weeks of receiving a reasoned notice from Automobilia T&C NV regarding its reasonable doubts, the agreement shall be terminated by operation of law and to the detriment of the customer, upon simple declaration by Automobilia T&C NV. The customer acknowledges that any suspension will inevitably result in a delay in delivery, such that any delivery deadline will no longer be binding on Automobilia T&C NV.

9. Risk

General risk, and in particular the risk of loss or damage to the goods, passes to the buyer upon signing the purchase agreement or the order form; from that point on, the buyer shall bear all costs associated with the safekeeping and use of the goods.

10. Retention of Title

Ownership of the sold goods will not transfer to the customer until Automobilia T&C NV has received the full purchase price, including the purchase price of any options as well as interest and additional fees, and all any additional costs. As long as this full purchase price has not been paid in full, the customer may not dispose of the purchased item, in any form whatsoever, make any alterations to it, or remove any part of it. In the event that the item is nevertheless sold, the retention of title shall be transferred to the resale price. This retention of title is a retention of title within the meaning of Art. 101 of the Bankruptcy Code. W.

11. Fulfillment of orders for commercial vehicles, bodywork, components, parts, semi-trailers, and trailers.

11.1 Automobilia T&C NV draws the customer’s attention to the fact that manufacturers reserve the right to make changes to their models at any time, without this imposing any obligation on the aforementioned manufacturers to also apply these changes to models that have already been delivered or ordered but not yet delivered.

11.2 The customer is required to take delivery of the sold or repaired goods within five days of notification that they are ready for pickup. If the goods are not picked up within the aforementioned five-day period, the customer shall owe a storage fee of 20 € per day.

12. In the event of non-payment, Automobilia T&C NV has the right to retain the vehicle or other goods belonging to the client that it has in its possession until all payments have been made, namely the full principal amount owed, including any interest and damages. Automobilia T&C NV may also exercise its right of retention due to outstanding debts arising from deliveries and services other than those relating to the retained vehicle.

13. If any provision of these contractual terms and conditions is void, the remaining provisions shall remain in full force and effect, and the parties shall replace the void provision with another provision that most closely approximates the purpose and intent of the void provision. In the interpretation of these contractual terms and conditions, the Dutch-language version shall prevail.

3. General Terms and Conditions of Automobilia Pittem NV

These terms and conditions shall always apply to all agreements entered into by Automobilia Pittem NV, unless the parties involved expressly agree in writing to different terms and conditions.

These terms and conditions take absolute precedence over the buyer’s order and/or purchase terms, even if the latter stipulate otherwise.

1. Choice of Law and Jurisdiction

1.1. All agreements entered into by Automobilia Pittem NV shall be governed solely by Belgian law. This provision applies in all cases, regardless of the capacity of the parties, the place where the contract was concluded, or where the contract is to be performed, to the extent that the determination of the applicable law is permitted.
1.2. All legal claims relating to these invoices or contracts fall under the jurisdiction of the Commercial Court of Ghent, Kortrijk Division. However, Automobilia Pittem NV may also bring legal claims before the court that would have jurisdiction without the application of this clause. All of the foregoing applies to the extent that the designation of the competent court is permitted.

2. Payment

2.1. Invoices issued by Automobilia Pittem NV are always payable at its registered office. These invoices are payable in cash upon issuance. Any overdue payment shall, by operation of law and without notice of default, accrue contractual interest at a rate of 1% per month or part thereof. Furthermore, in the event of total or partial non-payment of the debt on the due date without good cause, the outstanding balance shall be increased by contractual damages amounting to 12% with a minimum of 125.00 EUR. If, notwithstanding the foregoing, Automobilia Pittem NV nevertheless grants installment terms, any installments not yet due shall become due and payable upon the first default. The same applies if the customer allows accepted bills of exchange to be protested. In the event of default, any and all rights to commission or agreed-upon discounts shall lapse.
2.2. In the event of late payment, Automobilia Pittem NV reserves the right, without the need for a summons, to suspend its services, regardless of whether they arise from the current contract or from previous or subsequent contracts, and regardless of the vehicle to which they relate, and to resume them only—unless otherwise agreed between the parties— once all payments have been settled, meaning the full unpaid principal amount, including any interest and damages.
2.3. Any overdue payment, even partial, by the customer as of the due date, entitles Automobilia Pittem NV to declare the contract terminated by operation of law and automatically. Notice of this termination may be given through any legal means. Late payment interest, as well as the lump-sum compensation, shall remain due to Automobilia Pittem NV regardless of the termination of the sale.

3. Delivery or Completion Deadlines

Delivery or completion deadlines are always provided for informational or indicative purposes only and do not entitle the client to compensation, a price reduction, or termination of the agreement.

4. Lump-sum compensation upon termination of the agreement

If the customer fails to fulfill an obligation, Automobilia Pittem NV may choose between specific performance or termination of the contract, where applicable in accordance with Article 2 in fine, in exchange for lump-sum damages equal to 20% of the purchaseor contract price, unless Automobilia Pittem NV opts for compensation for the proven damages.

5. Complaints

In accordance with Article 1641 et seq. of the Civil Code, any complaint or comment must be reported at the time of delivery and, in the case of a latent defect, immediately upon discovery. If Automobilia Pittem NV does not confirm receipt of the timely complaint in writing by return mail, the complaint or comment must, on pain of inadmissibility-admissibility, be brought to the attention of and confirmed by Automobilia Pittem NV within five days in a detailed letter clearly stating the date of the complaint or comment, sent by certified mail. The warranty against hidden defects is strictly limited to the repair of the defective parts in the workshop, without any right to compensation for abnormal wear and tear or any consequential damages. Visible defects are covered by acceptance of the goods if the customer was aware of the defect at the time the contract was concluded or should reasonably have been aware of it. Under no circumstances does the customer have the right to request termination of the contract if the defect they allege is of minor significance.

6. Electronic Data Collection – Privacy Statement

The Customer consents to the use of his or her data for the purposes of promotion and development of products and after-sales services, as well as the provision of the aforementioned services.

7. Warranty

Automobilia Pittem NV is not bound by any warranty other than or more extensive than that provided by the manufacturer or importer. In the event that Automobilia Pittem NV grants a personal warranty, the customer may in any case only invoke this commitment if the vehicle in question is serviced and repaired exclusively by Automobilia Pittem NV. Any warranty obligation shall lapse if the customer fails to strictly adhere to the manufacturer’s instructions or uses the vehicle for improper purposes.

8. Conclusion of a Contract Regardingvehicles, bodies, components, parts, semi-trailers, and trailers.

8.1. As an authorized dealer, Automobilia Pittem NV receives and records orders for commercial vehicles, bodies, and parts of the brands it distributes.
8.2. All obligations arising from the concluded purchase agreement between the customer and Automobilia Pittem NV are, however, subject to the condition precedent that the manufacturer of the aforementioned brands sells the product to Automobilia Pittem NV and actually delivers it.
8.3. In the event of non-acceptance by the manufacturer, it is definitively established that no sale will take place, which Automobilia Pittem NV may notify the buyer of by means of a simple letter. To the extent permitted, Automobilia Pittem NV disclaims any liability that might arise from this.
8.4. Any agreements regarding the financing of the goods purchased by the buyer are not enforceable against Automobilia Pittem NV. Consequently, the buyer may never invoke the failure to obtain financing as a means of evading his obligations.
8.5. Automobilia Pittem NV has the right to suspend the fulfillment of an accepted order and to require a bank guarantee from the customer if Automobilia Pittem NV has reasonable doubts regarding the customer’s ability or intention to fully fulfill its obligations.

If the customer is unable to submit a bank guarantee for the order to be fulfilled within two weeks of receiving a reasoned notice from Automobilia Pittem NV regarding its reasonable doubts, the agreement shall be terminated by operation of law and to the detriment of the customer without notice of default, upon simple declaration by Automobilia Pittem NV. The customer acknowledges that any suspension will inevitably result in a delay in delivery, such that any delivery deadline will no longer be binding on Automobilia Pittem NV.

9. Risk

10. Retention of Title

Ownership of the sold goods will not pass to the customer until Automobilia Pittem NV has received the full purchase price, including the purchase price of any options as well as interest and additional fees, and all any additional costs. As long as this full purchase price has not been paid in full, the customer may not dispose of the purchased item in any form whatsoever, make any alterations to it, or remove any part of it. Should the item nevertheless be sold, the retention of title shall be transferred to the resale price. This retention of title is a retention of title within the meaning of Article 101 of the Bankruptcy Act.

11. Fulfillment of orders for commercial vehicles, bodies, components, parts, semi-trailers, and trailers.

11.1 Automobilia Pittem NV draws the customer’s attention to the fact that manufacturers reserve the right to make changes to their models at any time, without this implying any obligation on the part of the aforementioned manufacturers to also apply these changes to models that have already been delivered or that have been ordered but not yet delivered.

11.2 The customer is required to take delivery of the sold or repaired item within five days of notification that it is ready for pickup. If the goods are not picked up within the aforementioned five-day period, the customer shall owe a storage fee of 20 € per day.

12. In the event of non-payment, Automobilia Pittem NV has the right to retain the vehicle or other goods belonging to the client that it has in its possession until all payments have been made, namely the full principal amount due, including any interest and damages. Automobilia Pittem NV may also exercise its right of retention due to outstanding debts arising from deliveries and services other than those relating to the retained vehicle.

13. If any provision of these contractual terms and conditions is void, the remaining provisions shall remain in full force and effect, and the parties shall replace the void provision with another provision that approximates the purpose and intent of the void provision as closely as possible. In interpreting these contractual terms and conditions, the Dutch-language version shall prevail.

4. General Terms and Conditions of Recon Trucks NV

These terms and conditions apply to all agreements entered into by Recon Trucks NV unless the parties involved expressly agree in writing to different terms and conditions.

These general terms and conditions are presumed to be known to the customer: the absence of any response within eight days of the very first notification shall render them enforceable, including for subsequent agreements.

These terms and conditions take absolute precedence over the buyer’s order and/or purchase terms, even if the buyer stipulates otherwise.

1. Choice of Law and Jurisdiction

1.1. All agreements entered into by Recon Trucks NV shall be governed solely by Belgian law. This provision applies in all cases, regardless of the capacity of the parties, the place where the agreement was concluded, or where the agreement is to be performed, to the extent that the choice of applicable law is permitted.
1.2. All legal claims relating to these invoices or contracts fall under the jurisdiction of the Commercial Court of Ghent, Ostend Division. However, Recon Trucks NV may also bring legal claims before the court that would have jurisdiction in the absence of this provision. All of the above appliesthe determination of the competent court is permitted.

2. Payment

2.1. Invoices issued by Recon Trucks NV are always payable at its registered office. These invoices are payable in cash upon issuance. Any overdue payment shall, by operation of law and without notice of default, accrue contractual interest equal to 1% per month or part thereof. Furthermore, in the event of total or partial non-payment of the debt on the due date without good cause, the outstanding balance shall be increased by contractual damages amounting to 12%, with a minimum of 125.00 EUR. If, notwithstanding the foregoing, Recon Trucks NV nevertheless grants payment installments, the installments not yet due shall become due and payable upon the first default. The same applies if the customer allows accepted bills of exchange to be protested. In the event of default, any and all rights to commission or agreed-upon discounts shall lapse.
2.2. In the event of late payment, Recon Trucks NV reserves the right, without the need for a summons, to suspend its services, regardless of whether they arise from the current contract or from previous or subsequent contracts, and regardless of the vehicle to which they relate, and to resume them only—unless otherwise agreed between the parties—upon settlement of all payments, meaning the full unpaid principal amount including any interest and damages.
2.3. Any payment by the customer that is past due, even partially, as of the due date, entitles Recon Trucks NV to declare the contract terminated by operation of law and automatically. Notice of this termination may be given through any legal means. Late payment interest, as well as the lump-sum compensation, shall remain due to Recon Trucks NV regardless of the termination of the sale.

3. Delivery or Completion Deadlines

Delivery or completion deadlines are always provided for informational or indicative purposes only and do not entitle the client to compensation, a price reduction, or termination of the agreement.

4. Lump-sum compensation upon termination of the agreement

If the customer fails to fulfill an obligation, Recon Trucks NV may choose between specific performance or termination of the contract—in applicable cases, pursuant to Article 2 in fine—in exchange for lump-sum damages equal to 20%of the purchase price or contract price, unless Recon Trucks NV opts for compensation for the proven damages.

5. Complaints

In accordance with Art. 1641 et seq. of the Civil Code, any complaint or comment must be reported at the time of delivery and, in the case of a latent defect, immediately upon discovery. If Recon Trucks NV does not confirm receipt of the timely complaint in writing by return mail, the complaint or comment must, on pain of inadmissibility, must also be brought to the attention of and confirmed by Recon Trucks NV within five days in a detailed letter—clearly referencing the date of the complaint or comment—sent by certified mail. The warranty against hidden defects is strictly limited to the repair of the defective parts in the workshop, without any right to compensation for abnormal wear and tear or any consequential damages. Visible defects are covered by acceptance of the goods if the customer was aware of the defect at the time the contract was concluded or should reasonably have been aware of it. Under no circumstances does the customer have the right to request termination of the contract if the defect they allege is of minor significance.

6. Electronic Data Collection – Privacy Statement

The Customer is aware that vehicles manufactured, delivered, or marketed by a Volvo Group company are equipped with one or more systems that can collect and store information about the vehicle (hereinafter the "Information Systems"), including, but not limited to, information regarding the vehicle’s condition and performance, as well as information regarding the vehicle’s operation (collectively, the "Vehicle Data"). The Customer agrees not to interfere with the operation of the Information Systems in any way.

The customer consents to the use of their data for the purposes of promotion and development of products and after-sales services, as well as the provision of the aforementioned services.

7. Warranty

Recon Trucks NV is not bound by any warranty other than or more extensive than that provided by the manufacturer or importer. In the event that Recon Trucks NV provides a personal warranty, the customer may in any case only invoke this commitment if the vehicle in question is maintained and repaired exclusively by Recon Trucks NV . Any warranty obligation shall lapse if the customer fails to strictly adhere to the manufacturer’s instructions or uses the vehicle for improper purposes.

8. The formation of a contract regarding vehicles, bodywork, components, parts, semi-trailers, and trailers.

8.1. As an authorized dealer, Recon Trucks NV receives and records orders for commercial vehicles, components, and parts of the brands it distributes.
8.2. All obligations arising from the concluded purchase agreement between the customer and Recon Trucks NV are, however, subject to the condition precedent that the manufacturer of the aforementioned brands sells the product to Recon Trucks NV and actually delivers it.
8.3. In the event of non-acceptance by the manufacturer, it is definitively established that no sale will take place, which Recon Trucks NV may notify the buyer of by means of a simple letter. To the extent permitted, Recon Trucks NV disclaims any liability that might arise from this.
8.4. Any agreements regarding the financing of the goods purchased by the buyer are not enforceable against Recon Trucks NV. Consequently, the buyer may never invoke the failure to obtain financing as a means of evading his obligations.
8.5. Recon Trucks NV has the right to suspend the fulfillment of an accepted order and to require the customer to provide a bank guarantee if Recon Trucks NV has reasonable doubts regarding the customer’s ability or intention to fully fulfill its obligations.

If the customer is unable to submit a bank guarantee for the order to be fulfilled within two weeks of Recon Trucks NV’s reasoned notification of its reasonable doubts, the agreement shall be terminated by operation of law and without notice of default to the detriment of the customer, upon simple declaration by Recon Trucks NV. The customer acknowledges that any suspension will inevitably result in a delay in delivery, such that Recon Trucks NV will no longer be bound by any delivery deadline.

9. Risk

10. Retention of Title

Ownership of the sold goods will not transfer to the customer until Recon Trucks NV has received the full purchase price, including the purchase price of any options as well as interest and additional fees, and all any additional costs. As long as this full purchase price has not been paid in full, the customer may not dispose of the purchased item in any form, make any changes to it, or remove any part of it. In the event that the goods are nevertheless sold, the retention of title shall be transferred to the resale price. This retention of title is a retention of title within the meaning of Article 101 of the Bankruptcy Act.

11. Fulfillment of orders for commercial vehicles, bodies, components, parts, semi-trailers, and trailers.

11.1 Recon Trucks NV informs the customer that the manufacturers reserve the right to make changes to their models at any time, without this implying any obligation on the part of the aforementioned manufacturers to also apply these changes to models that have already been delivered or that have been ordered but not yet delivered.

12. In the event of non-payment, Recon Trucks NV has the right to retain the vehicle or other goods belonging to the client that it has in its possession, until all payments have been made, namely the full principal amount due, including any interest and damages. Recon Trucks NV may also exercise its right of retention in connection with outstanding debts arising from deliveries and services other than those relating to the retained vehicle.

13. If any provision of these contractual terms and conditions is void, the remaining provisions shall remain in full force and effect, and the parties shall replace the void provision with another provision that most closely approximates the purpose and intent of the void provision. In the interpretation of these contractual terms and conditions, the Dutch-language version shall prevail.

5. General Terms and Conditions of the CARS Division of Automobilia

TERMS OF SALE FOR THE CARS DIVISION OF AUTOMOBILIA (*)

1. Agreement

1. Unless otherwise stipulated in writing, every quotation and every agreement entered into by AUTOMOBILIA CARS DIVISION is governed by these terms and conditions, which form an integral part thereof, are deemed to be known and accepted by each party, and which, by operation of law, take precedence over any conflicting terms and conditions of purchase of either party.

2. A quotation is valid for 20 days. The total price stated in the quotation excludes VAT and other taxes and duties imposed by any government. Brochures, catalogs, or proposals are non-binding and do not constitute a commitment on the part of AUTOMOBILIA CARS.

3. The price is that stated in the sales contract, unless AUTOMOBILIA DEPARTMENT CARS is compelled to adjust this price as a result of a price change implemented by a supplier and/or as a result of an increase in transportation, inspection, customs, or labor costs. The price adjustment will be made in accordance with these changes following written notification to the customer. In that case, the new price as stated on the front of the invoice shall apply. If this price adjustment exceeds 10%, the customer is entitled to terminate the agreement by sending a registered notice to that effect within 10 days of becoming aware of the price adjustment, without either AUTOMOBILIA AFDELING CARS or the customer being liable for any compensation. The total price stated in the sales contract excludes VAT and other taxes and duties imposed by any government, and the invoice will include all applicable taxes and duties as they stand on the date of delivery.

4. A contract is concluded only upon signing the sales contract and is irrevocably binding on the parties, provided that all obligations arising from the concluded purchase agreement between the customer and AUTOMOBILIA AFDELING CARS are subject to the condition precedent that the manufacturer or importer sells the product to AUTOMOBILIA AFDELING CARS and actually delivers it. In the event of non-acceptance by the manufacturer, it is definitively established that no sale will take place, which AUTOMOBILIA AFDELING CARS may notify the customer of by means of a simple letter. To the extent permitted, AUTOMOBILIA AFDELING CARS disclaims any liability that might arise from this.

5. Any agreements regarding the financing of the vehicle purchased by the customer are not enforceable against AUTOMOBILIA CARS DIVISION. Consequently, the customer may never invoke the failure to obtain financing as a means of evading his obligations. AUTOMOBILIA CARS DIVISION has the right to suspend the fulfillment of an accepted order and to require a bank guarantee from the customer if AUTOMOBILIA CARS has reasonable doubts regarding the ability or intention of the other party to fully fulfill its obligations.

6. If the customer cancels the agreement or refuses to take delivery of the vehicle, AUTOMOBILIA CARS DIVISION is entitled, without notice of default and without court authorization, to terminate the agreement at the customer’s expense by means of a registered letter to that effect. In that case, the customer is legally obligated to pay compensation, the minimum lump-sum amount of whichis set at 15% of the price, excluding VAT, without prejudice to AUTOMOBILIA AFDELING CARS’s right to prove greater damages. If AUTOMOBILIA AFDELING CARS explicitly cancels the agreement, the customer has the same rights. In the event of force majeure (Art. 1147 of the Civil Code), the party in default is automatically entitled to terminate the agreement by means of a registered letter to that effect and without any obligation to pay damages. The discontinuation or modification of the production of the ordered goods constitutes, in any case, a situation of force majeure.

7. Unless otherwise stated, all sales are deemed to have taken place in the salesroom of AUTOMOBILIA AFDELING CARS. Only if this is not the case does the cancellation clause on the front of the sales receipts apply.

8. The customer is required to inform AUTOMOBILIA AFDELING CARS whether or not he is an end user. If the customer has concealed from AUTOMOBILIA AFDELING CARS that they are not an end user but a reseller, the sale may be rescinded at the request of AUTOMOBILIA AFDELING CARS at the customer’s expense. In the latter case, compensation amounting to 15% of the agreed price shall be due by operation of law.

9. All obligations of AUTOMOBILIA CARS DIVISION are entered into subject to force majeure. The following shall certainly be considered force majeure: strikes or other forms of work stoppages, labor shortages, accidents, lack of transportation, damage to or destruction of buildings, unforeseen government decisions, pandemics, weather conditions, war, the failure of replacement parts and other repair materials to arrive on site in a timely manner, machine breakdowns, IT malfunctions or failures, and all other forms of operational difficulties or events beyond the control of AUTOMOBILIA AFDELING CARS (as well as its suppliers) are not responsible for. In the event of force majeure, AUTOMOBILIA CARS DIVISION reserves the right to consider the agreement null and void, without the customer being entitled to any form of compensation.

2. Delivery

1. Delivery takes place at the headquarters of AUTOMOBILIA AFDELING CARS upon full payment of the price. The sales contract specifies the estimated delivery time. Any change to the order at the customer’s request automatically extends the delivery period by the time necessary for AUTOMOBILIA CARS DIVISION to accommodate such a change. Any delay in paying the advance payment is automatically added to the delivery period.

2. Delivery or completion deadlines are always provided for informational or indicative purposes only, and the customer is in any case required to send a registered notice of default with an additional final grace period of one month regarding this delay in delivery before establishing non-performance by AUTOMOBILIA DEPARTMENT CARSCARS. In the event that AUTOMOBILIA DEPARTMENT CARS is unable to meet the delivery deadline due to unforeseen circumstances beyond its control, AUTOMOBILIA DEPARTMENT CARS undertakes to notify the customer of this upon becoming aware of such circumstances. Among other things, delivery delays caused by a supplier or during the registration or inspection of the vehicle by customs or DIV constitute unforeseen circumstances beyond the control of AUTOMOBILIA CARS DEPARTMENT.

3. Transfer of Risk and Retention of Title

1.General risk, and in particular the risk of loss, theft, or damage to the goods, passes to the customer upon signing the purchase agreement or the order form; from that point on, the customer shall bear all costs associated with the safekeeping and use of the goods.

2. Ownership of the delivered goods will not pass to the customer until AUTOMOBILIA AFDELING CARS has received the full purchase price, including the purchase price of any options, as well as interest and additional fees, and any additional costs. As long as this full purchase price has not been paid in full, the customer may not dispose of the purchased item in any form whatsoever, make any alterations to it, or remove any part of it. Should the item nevertheless be sold, the retention of title is transferred to the resale price. This retention of title is a retention of title within the meaning of Art. 101 of the Bankruptcy Act.

4. Invoicing and Payment

1. Invoices are payable at the registered office of AUTOMOBILIA CARS DIVISION, in cash and without discount. The advance payment must be made within 7 days of signing the agreement.

2. In the event of late or overdue payment on the due date, default interest shall be due by operation of law and without notice of default at the statutory interest rate after the expiration of a period of 14 calendar days from the third business day following dispatch by mail or, as the case may be, from the calendar day following the sending via email, of an initial reminder free of charge in accordance with Article XIX.2 of the Economic Law Code. In the event of total or partial non-payment on the due date and following a registered notice of default, any amount due shall, in addition, be increased by operation of law by 10%, with a minimum of 125.00 EUR, as lump-sum compensation.

3. In the event of non-payment on the due date, AUTOMOBILIA AFDELING CARS is also entitled, following a registered notice of default and without judicial authorization, to terminate the agreement at the customer’s expense by means of a registered notice to that effect. In that case, AUTOMOBILIA CARS DIVISION to retrieve the goods from wherever they are located, and the customer is automatically obligated to pay damages, the minimum lump-sum amount of which is set at 25% of the price, excluding VAT; any higher amount claimed by AUTOMOBILIA CARS DIVISION must be proven by it.

4. In the event of late payment, AUTOMOBILIA CARS DIVISION reserves the right to suspend its performance, including orders not yet delivered, regardless of whether they arise from the current contract or from previous or subsequent contracts and regardless of the vehicle to which they relate, and to resume them only—unless otherwise specified—upon the fulfillment of all payments pertaining to all invoices, namely the full principal amount including any interest and damages. In the event of non-payment, AUTOMOBILIA AFDELING CARS has the right to retain the customer’s vehicle or other goods in its possession until all payments have been made, namely the full principal amount owed, including any interest and damages. AUTOMOBILIA AFDELING CARS may also exercise its right of retention due to outstanding debts arising from deliveries and services other than those related to the retained vehicle.

5. Warranty

1. AUTOMOBILIA AFDELING CARS informs the customer that manufacturers reserve the right to make changes to their models at any time, without this implying an obligation on the part of said manufacturers to also apply these changes to the models that have already been delivered or ordered but not yet delivered.

2. In accordance with Article 1641 et seq. of the Civil Code, any complaint or comment must be reported at the time of delivery and, in the case of a latent defect, immediately upon discovery. If AUTOMOBILIA CARS DIVISION does not immediately confirm receipt of the timely complaint in writing, the complaint or comment must—under penalty of inadmissibility—also be communicated within five days in a detailed letter with a clear reference to the date of the complaint orremark, by registered letter to AUTOMOBILIA CARS DIVISION. The warranty against hidden defects is strictly limited to the repair of defective parts in the workshop, without any right to compensation for abnormal wear and tear or any consequential damages. Visible defects are covered by acceptance of the goods if the customer was aware of the defect at the time the contract was concluded or should reasonably have been aware of it. Under no circumstances does the customer have the right to request termination of the contract if the defect he invokesis of minor significance. The customer acknowledges having been informed of and accepts the ongoing evolution in technology, production, and aesthetics in the automotive sector, which may result in changes to the details of the ordered model. AUTOMOBILIA CARS DIVISION is not bound by any warranty other than or more extensive than that provided by the manufacturer or importer. In the event that AUTOMOBILIA CARS DIVISION provides a personal warranty, the customer may, in any case, invoke this commitment only if the vehicle in question is serviced and repaired exclusively by AUTOMOBILIA CARS DIVISION. Any warranty obligation shall lapse if the customer does not strictly adhere to the manufacturer’s instructions or uses the vehicle for purposes other than those for which it is intended.

6. For consumers, this warranty is extended to the statutory consumer purchase warranty (applicable only to individual consumers):

1. The warranty for new goods is extended to two years after delivery (Article 1649bis et seq. of the Belgian Civil Code). If the item sold is a used item, a warranty period of one year from delivery applies. Normal wear and tear of the used vehicle at the time of delivery is not covered by the warranty, nor do parts and components that are reasonably replaced within one year of purchase, such as tires, brakes, oil, and batteries. The warranty expires in any case if the customer performs repair work themselves or has it performed by a third party.

2. In the event that the goods do not conform to what was agreed upon between the parties, the customer must, in any case, notify AUTOMOBILIA AFDELING CARS of this within two months from the date on which the customer discovered the nonconformity, failing which the customer forfeits the right to any intervention by AUTOMOBILIA CARS DIVISION.

3. The foregoing provisions do not affect the customer’s obligation to inspect the goods both inside and out at the time of delivery and to report any visible defects immediately upon delivery, failure to do so will result in the loss of the right to any intervention by AUTOMOBILIA CARS DIVISION. Among other things, hail damage, stone chips, scratches, and the like are considered visible defects.

4. Outside the scope of the statutory warranty pursuant to Articles 6.1 and 6.2, the liability of AUTOMOBILIA AFDELING CARS toward the customer, for any reason whatsoever, limited to direct and foreseeable damage to the delivered goods themselves, excluding any damage related to use or operation, and shall not exceed the amounts invoiced by AUTOMOBILIA AFDELING CARS for the delivery or the portion of the delivery to which the complaint relates.

7. Electronic Data Collection – Privacy Statement

The Customer acknowledges that Volvo Car Corporation (VCC): (i) has access to the Information Systems at all times (including remote access); (ii) may collect the Vehicle Data; (iii) may store the Vehicle Data on Volvo Group systems; (iv) may use the Vehicle Data to provide services to the Customer, as well as for its own internal and other reasonable business purposes; and (v) may share the Vehicle Data within the Volvo Group and with selected third parties.

The Customer shall ensure that every driver or any other person authorized by the Customer to operate the vehicle: (i) is aware that personal data relating to them may be collected, stored, used, shared, or otherwise processed by VCC; and (ii) is referred to or provided with a copy of the applicable Volvo Group privacy statement (available at https://www.volvocars.com/nl-be/legal/

The personal data listed in this document is processed by the seller for the purposes of transactions related to the performance of the sales agreement, after-sales service, warranty, safety, direct marketing, promotional and prospecting purposes, as well as customer management for products distributed by the aforementioned party. Such data may also be disclosed to entities that are contractually and/or legally affiliated with the seller and to third-party insurers in connection with the aforementioned purposes. In accordance with the General Data Protection Regulation, any data subject who proves their identity has the right to access their data, the right to have it corrected, to have it completely deleted, or to have it transferred in a machine-readable format. Each data subject also has the right, under certain circumstances, to object to the processing of their data or to request a restriction on such processing. If the processing is based on the data subject’s consent, they always have the right to withdraw their consent. The data subject may exercise the aforementioned rights by contacting the seller, who acts as the data controller. For more information regarding the processing of personal data by this party, please consult the applicable privacy statement provided to you by the seller or available at www.automobilia.be.

8. Applicable Law and Competent Court

1. In the event of a dispute, the courts of the Ghent Commercial Court shall have jurisdiction, although AUTOMOBILIA DIVISION CARS may also bring legal claims before the court that would have jurisdiction without the application of this provision. The agreements are governed by Belgian law. The application of the Vienna Sales Convention and the New York Convention on the Limitation Period in the International Sale of Goods is expressly excluded.

2. If any provision of these contractual terms is void, the remaining provisions shall remain in full force and effect, and the parties shall replace the void provision with another provision that most closely approximates the purpose and intent of the void provision. In the interpretation of these contractual terms and conditions, the Dutch-language version shall prevail.

(*) These General Terms and Conditions apply to all CARS divisions of the Automobilia Group, in particular the following companies: Automobilia Cars nv, Automobilia & Co nv, Automobilia Drive nv, Automobilia Roeselare nv, De Grande Cars nv, Veurne Auto nv, and Recon nv.