General Terms & Conditions

1. Company Information

FRASK INDUSTRIES
Liersesteenweg 189
2860 Sint Katelijne Waver
Belgium
Email: info@frask.be
Phone: +32 475 45 56 98 / +32 473 71 04 08

2. Scope of Application

These General Terms and Conditions apply to all quotations, offers, orders, and agreements between FRASK INDUSTRIES and its customers for the supply of pneumatic air tools and related products. By placing an order, the customer accepts these terms and conditions.

3. Offers and Orders

3.1 Quotations: All quotations are valid for 30 days unless otherwise stated. Prices are subject to change without notice until an order is confirmed.

3.2 Order Confirmation: An agreement is established when FRASK INDUSTRIES confirms the order in writing or by email. We reserve the right to refuse orders without providing reasons.

3.3 Product Information: While we strive for accuracy, specifications, images, and descriptions are for reference only. Minor variations may occur.

4. Prices and Payment

4.1 Prices: All prices are in EUR and exclusive of VAT (21% Belgian VAT applies) unless otherwise stated. Prices exclude shipping, handling, and any customs duties or import taxes.

4.2 Payment Terms: Payment terms are specified on each invoice. Standard payment terms are 30 days net from invoice date unless otherwise agreed.

4.3 Late Payment: In case of late payment, FRASK INDUSTRIES reserves the right to charge interest at the Belgian statutory rate (currently 10% per annum) plus administrative costs of €40 in accordance with Belgian law (Wet Bestrijding Betalingsachterstand).

4.4 Payment Methods: Accepted payment methods include bank transfer, credit card, or as otherwise agreed in writing.

5. Delivery

5.1 Delivery Terms: Stated delivery times are estimates and not binding commitments. FRASK INDUSTRIES will make reasonable efforts to meet delivery schedules but is not liable for delays.

5.2 Delivery Location: Products are delivered to the address specified in the order. Delivery is completed when goods are handed to the carrier.

5.3 Risk Transfer: Risk of loss or damage transfers to the customer upon delivery to the carrier.

5.4 Partial Deliveries: FRASK INDUSTRIES reserves the right to make partial deliveries, which may be invoiced separately.

6. Retention of Title

All delivered goods remain the property of FRASK INDUSTRIES until full payment has been received. The customer must store the goods separately and identifiably until payment is complete.

7. Inspection and Complaints

7.1 Inspection: The customer must inspect delivered goods immediately upon receipt and notify us of any visible defects within 8 days.

7.2 Hidden Defects: Hidden defects must be reported within 8 days of discovery, but no later than the warranty period.

7.3 Failure to Notify: Failure to notify defects within the specified timeframe results in acceptance of the goods in their delivered condition.

8. Warranty

8.1 Manufacturer Warranty: Products are covered by the manufacturer's warranty (Shinano INC or Kuken Air Tools). Warranty periods and conditions are specified in the product documentation.

8.2 Warranty Exclusions: Warranty does not cover:

• Normal wear and tear
• Damage from improper use, maintenance, or storage
• Unauthorized modifications or repairs
• Use contrary to manufacturer specifications
• Consumable parts (e.g., filters, lubricants)

8.3 Warranty Procedure: Warranty claims must be submitted in writing with proof of purchase. FRASK INDUSTRIES will assess claims and determine appropriate remedies (repair, replacement, or credit) at its discretion.

9. Returns and Cancellations

9.1 Cancellation: Order cancellations must be submitted in writing. Cancellation fees may apply based on order processing status.

9.2 Returns: Returns are only accepted with prior written authorization. Products must be unused, in original packaging, and returned within 14 days of authorization.

9.3 Restocking Fee: A restocking fee of 20% may apply to authorized returns.

9.4 Custom Orders: Custom-ordered or specially imported products cannot be returned or cancelled once ordered from the manufacturer.

10. Liability

10.1 Product Liability: FRASK INDUSTRIES' liability is limited to product replacement or credit note value. We are not liable for indirect damages, consequential losses, lost profits, or business interruption.

10.2 Maximum Liability: Our total liability under any agreement is limited to the invoice value of the specific products giving rise to the claim.

10.3 Professional Use: Products are sold for professional use. Customers are responsible for ensuring products are suitable for their intended application and comply with applicable safety regulations.

10.4 Third-Party Claims: The customer indemnifies FRASK INDUSTRIES against third-party claims arising from improper use of products.

11. Force Majeure

FRASK INDUSTRIES is not liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to: natural disasters, war, strikes, supplier failures, transport disruptions, government actions, or pandemics. In such cases, delivery times will be extended reasonably, or the agreement may be cancelled without liability.

12. Intellectual Property

All intellectual property rights related to products, documentation, branding, and marketing materials belong to FRASK INDUSTRIES or our suppliers. Unauthorized use is prohibited.

13. Confidentiality

Both parties agree to keep confidential all non-public business information exchanged during their relationship.

14. Data Protection

Personal data is processed in accordance with our Privacy Policy and Belgian/EU data protection laws (GDPR). By engaging with FRASK INDUSTRIES, customers consent to necessary data processing for order fulfillment and customer relationship management.

15. Applicable Law and Jurisdiction

15.1 Governing Law: These terms and conditions are governed by Belgian law.

15.2 Jurisdiction: Any disputes shall be exclusively submitted to the competent courts of Mechelen, Belgium.

15.3 Language: In case of discrepancies between translations, the Dutch version shall prevail.

16. Modifications

FRASK INDUSTRIES reserves the right to modify these terms and conditions at any time. Updated terms will be published on our website and apply to all subsequent orders.

17. Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

18. Contact

For questions regarding these terms and conditions, please contact:

FRASK INDUSTRIES
Email: info@frask.be
Phone: +32 475 45 56 98
Address: Liersesteenweg 189, 2860 Sint Katelijne Waver, Belgium