These terms govern the sale of goods by Fred Corp., including electronic kits, components, assembled boards, radio equipment, and related accessories, whether supplied fully assembled, partially assembled, or as parts.
1. Scope and precedence
The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale. In order to be valid, any derogation must be expressly agreed to in advance in writing.
2. Nature of the goods
Goods are supplied for experimentation, education, prototyping, and amateur use. Unless a product page states otherwise, they are not certified under CE or any equivalent conformity scheme, are not finished consumer products, and are not intended for use in safety-critical, medical, aviation, or life-support applications.
The client is solely responsible for how the goods are assembled, powered, modified, enclosed, and operated, and for any equipment connected to them.
3. Regulatory compliance and radio equipment
Where the goods are capable of radio transmission, the client is solely responsible for holding any licence required to transmit, for observing the frequency allocations, power limits, and emission requirements applicable in their jurisdiction, and for any filtering or additional equipment needed to meet them.
Fred Corp. accepts no liability arising from operation of the goods without the required authorisation, or outside the limits set by the competent authority.
4. Payment
Our invoices are payable within 21 working days, unless another payment timeframe is indicated on either the invoice or the order.
In the event of non-payment by the due date, Fred Corp. reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due. Fred Corp. will be authorised to suspend any provision of goods or services without prior warning in the event of late payment.
If a payment is still outstanding more than sixty (60) days after the due payment date, Fred Corp. reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
5. Taxes and withholding at source
Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities. Under no circumstances can Fred Corp. become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to Fred Corp. in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
Import duties, customs charges, and local taxes on goods shipped outside Belgium are payable by the client.
6. Delivery and performance
Fred Corp. undertakes to do its best to supply performant goods and services in due time in accordance with the agreed timeframes. However, none of its obligations can be considered as being an obligation to achieve results.
7. Claims
In order for it to be admissible, Fred Corp. must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
Claims relating to goods that have been modified, repaired, resoldered, or operated outside their stated specifications will not be accepted.
8. Support
Support is provided for goods supplied by Fred Corp. Where a design is published openly and manufactured by a third party, support for that hardware is the responsibility of whoever built or sold it. Support for the associated open-source software remains available to everyone through its public issue tracker.
9. Liability
Fred Corp. cannot under any circumstances be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
To the extent permitted by law, Fred Corp.'s liability is limited to the invoiced value of the goods concerned, and excludes indirect or consequential loss, including loss of use, loss of data, and damage to equipment connected to the goods.
10. Intellectual property
Where goods are based on an open-source hardware or software design, the applicable open-source licence governs the design files and the software, and nothing in these terms restricts the rights that licence grants. Trade marks, logos, and certification marks are not covered by those licences and remain the property of their respective holders.
11. Consumers
Where the client is a consumer within the meaning of Belgian law, the mandatory provisions protecting consumers apply and take precedence over any clause of these terms that conflicts with them. This includes the statutory right of withdrawal for distance sales and the statutory guarantee of conformity.
12. Applicable law
All our contractual relations will be governed exclusively by Belgian law.