General conditions of the after-sales service

These general conditions apply to the repair of products sold to the client by B.E.A. SA (hereinafter referred to as B.E.A.). Any dispensation with regard to the general conditions of the After-Sales Service must be the subject of separate written conditions concluded and signed by the parties, a copy of which must be retained by each of the parties. The general conditions of the After-Sales Service, the special conditions and the invoicing conditions form the After-Sales Service contract between B.E.A. and the client. Should the general conditions and special conditions contradict each other, the special conditions shall be given priority. All the After-Sales Service conventions are established by the B.E.A. Sales Department at the following address:

B.E.A.
Allée des Noisetiers 5
B-4031 ANGLEUR

Tél. : +32 4 361 65 65
Fax. : +32 4 361 28 58

DOCUMENT TO DOWNLOAD : After-Sales service price list

ARTICLE 1: General conditions of warranty

I. The subject of this warranty is the repair, within the scope of the general and special conditions, of the products sold by B.E.A. The general conditions of warranty also cover interventions on non-defective products returned for: renovation, software updates and/or reconditioning.

II. Without prejudice to the application of Article 1.III, all the following conditions must be fulfilled at the time the package¹ is received by the After-Sales Service:

A. The packages must be sent to the After-Sales Service address:

B.E.A.
Allée des Noisetiers 12
B-4031 ANGLEUR

B. The packages must be in a state which allows their handling.

C. The package should ensure efficient protection from any possible external factors.

D. The delivery must be accompanied by a delivery note including the following information:

• name of client;
• date delivery sent by client;
• client’s reference;
• total number of packages;
• total weight of delivery;
• number of products returned.

E. The products should be packaged according to the basic rules of cleanliness.

F. The products should be returned in their housings.

B.E.A. reserves the right to refuse to accept any package not complying with these criteria.

III. This warranty does not apply in cases where the reason for the product’s not functioning can be traced back to a mistake, negligence or inappropriate use on the part of the client and/or third parties. The warranty does not apply for all damage not caused during the manufacturing procedure, such as:

• damage resulting from the client’s electrical installation;
• damage due to faults in the client’s equipment to which the B.E.A. product has been connected;
• damage resulting from accidental actions: fire, water damage, lightning, building collapse, etc…

The warranty does not apply to products which have been overhauled, modified, repaired or dismantled by parties other than B.E.A. service personnel.
The level (or degree) of accessibility permitted to clients is defined in the instruction manuals.

IV. All products returned to B.E.A complying with the conditions as stipulated in Article 1.II during the warranty period as defined in Articles 3.II or 3.III shall, in accordance with Article 2, be repaired by B.E.A. free of charge.

V. Should B.E.A. consider the product “beyond repair”, B.E.A. will offer to exchange the product free of charge, insofar as the product is under warranty. In this case, B.E.A. reserves the right to exchange the product for an identical new product or, if this is not possible, for an equivalent product. In the case that the product is no longer under warranty, this will be considered as downgraded.

ARTICLE 2: Interventions to be performed by B.E.A.

I. Within the scope of the general conditions of warranty, B.E.A. shall repair, replace, procure spare parts for and perform work at B.E.A. on the following modules:

• the main sensor element (ultra high frequency cell, the DRO (dielectric resonator oscillator), the infrared or laser module, the motors);
• the housing (and mounting accessories);
• (the electronic card(s));
• the optical assembly (including lenses).

II. BEA reserves the right to update returned products as part of the after-sales service procedure.

III. BEA reserves the right to replace instead of repair returned products as part of the after-sales service procedure. If replacement occurred, no repair information about the product defect will be supplied.

ARTICLE 3: Warranty periods

I. All calculations for the warranty periods are based on the B.E.A. dispatch date² , After-Sales Service dispatch date³ and date of receipt at B.E.A.⁴ The warranty periods are based on “calendar days”.

II. All new products sold by B.E.A., with the exception of products without a serial number, generally benefit from a 3-year warranty period starting from the date of shipment.

III. Every repair forms the subject of a specific warranty for six months based on the After-Sales Service dispatch date.

IV. All products no longer under warranty which are returned to B.E.A. aged less than five years will be repaired in accordance with the established pricing regulations.

V. Except in the case of exceptions (railway, …) and/or agreements between B.E.A. and the client, all products returned to B.E.A. aged over five years will automatically be downgraded.

ARTICLE 4: Invoicing

I. Repairs of defective equipment, interventions on functioning equipment and the downgrading of products aged over 5 years are invoiced in accordance with the official price list available on the B.E.A. website since May 2009.
B.E.A. reserves the right to adjust the After-Sales Service tariffs having provided information to the clients by post or e-mail in advance.

ARTICLE 5: Payment

I. All invoices not challenged within 8 working days are deemed to have been accepted.

II. All our invoices are due on the agreed date. All late payments will incur interest at a rate of 1% higher than the discount rate starting with the date the invoice becomes due and without the need for a formal notice.

III. For all invoices or invoiced items not paid within 10 working days after the sending of a letter of formal notice by registered post, B.E.A. shall be due, as additional fees, a lump sum payment of 10% of the total amount of the invoice without prejudice of the interests specified above. (Art.5.II)

ARTICLE 6: Applicable law – Jurisdiction

I. These general/special conditions of the After-Sales Service of B.E.A. are subject to Belgian law.

II. All disputes will exclusively resolved by the courts of the administrative district responsible for the headquarters of B.E.A.

¹Package : Any box or packaging that is part of a shipment.
²BEA dispatch date: the date the shipment was sent, from the Production center on , to the freight carrier or to the Post Office.
³After-Sales Service dispatch date : the date the shipment was sent, from the After-Sales Service on, to the freight carrier or to the Post Office.
⁴Date of receipt at B.E.A.: the date the shipment was received by BEA from the freight carrier or the Post Office.