This website received the AnySurfer label, a quality mark for accessible websites in Belgium. For more information, please visitwww.anysurfer.be.

Go to page content
Skip navigation. Page content starts here.

You are here: home → organization → vito as a client

Print this page

Purchase conditions

  1. VITO. VITO is a public utility institution in the form of a PLC. VITO is subject to the government assignments Act (WOO) of 24 Dec 1993 and all accompanying royal decrees. In addition to the stipulations in this Act, the following purchase conditions are also in effect.
  2. TENDERS. Unless specific terms state otherwise, tenders must be compiled in Euros. Quotes should be received in 2 copies and all contents must comply with the determinations in our tender invitations. If these conditions are not fulfilled, then the supplier must clearly state this in his proposal and in writing. Price quotes must be submitted without costs and commitments for VITO.
    VITO is interested in alternative offers which result in economically appealing solutions.
  3. ORDERS Orders are made under our purchase conditions and the accompanying special delivery conditions, which are also applicable in their own right, even when they deviate from the sales or supply conditions of the seller/supplier - unless explicitly agreed otherwise in writing.
    Verbal agreements are not binding unless they have been confirmed in writing by VITO. Written orders are only valid if they have been signed by an authorised person. Strike action, labour shortages, disasters and force majeur releases us from our agreed purchase obligations, without entitling claims for any kind of compensation.
  4. CONFIRMATION. The supplier must confirm all orders in writing within eight calendar days of receiving our assignment. If the supplier does not raise objections in writing within this period, he is assumed to be in agreement with our purchase conditions, even if they deviate from his own supply conditions. In any case, deviations from our purchase conditions are only valid if they have been agreed in writing.
  5. DELIVERY PERIOD AND DELIVERY DATE. The delivery period starts on the date of the order. The delivery date is regarded as the day on which the goods are delivered to us. Delivery dates must be strictly adhered to.
    Failure to comply with the execution and delivery period stated in the order gives us the right to partly or fully annul the contract without needing to establish a later delivery date. If the ordered goods cannot be delivered on time, then the supplier must inform VITO of this within a day of receiving the assignment. If we do not annul the contract, all delays will be met with a fine of 0.2% of the price of the late delivered good for each day of delay, up to a maximum of 10% of the price. In case of complete or partial failure to deliver, the fine amounts to 10% of the price of the undelivered goods; simple failure to comply with the delivery date will automatically result in the fine being imposed.
    If the delivery is not completed in full within fifteen days of the stated delivery period, we retain the right, as a means of replacement, to order the goods in part or in full from a third party, and this at the cost and risk of the defaulting supplier. Goods that have been delayed, for which notification has been given, still entitle VITO to demand the appropriate fine for delays as well as all other compensation. Acceptance of a late delivery, or performance, does not mean we surrender our right to compensation.
    If the ordered item or ordered goods are destroyed as a result of force majeure before they can be delivered, then VITO is released from its payment obligations. All orders must be delivered in full, unless VITO agrees to partial delivery in writing. Execution in partial deliveries to VITO cannot be regarded as acceptance for the entire delivery.
    All goods must be delivered to the VITO address in Mol, on a working day between 08.30 o'clock and 12.00 o'clock and from 13.00 o'clock to 16.00 o'clock. All deliveries must be accompanied by 2 copies of a delivery note, which mentions the type of despatch, the number of items, the weight and the order number.
  6. INSPECTION AND FORMAL NOTICE.
    Delivered goods must comply with the plans, specifications, descriptions, drawings or samples that are applicable to the order, as well as the determinations in article 16 of these purchase conditions. VITO retains the right, without any kind of formal notice or legal intervention, to annul the purchase and to return the goods at the cost and risk of the supplier, if the goods display faults or do not comply with the requirements, even when the faults and/or shortcomings come to light after the goods are used or processed; this without prejudicing VITO's rights, including the right of replacement and/or compensation.
  7. FREIGHT-PACKAGING.
    The supplier must provide DDP delivery (delivered duty paid), inclusive of packaging, customs costs, import duties and transport insurance.
    In case of loss or damage during transport, which includes during unloading and during the period before receipt at the end destination, the supplier is exclusively responsible and explicitly absolves VITO. It must be possible to return borrowed packaging to the supplier DDP. The buyer must then be fully credited for the amount that has been charged for the packaging.
  8. TRANSFER OF PROPERTY AND RISK.  Ownership and risk for the delivered goods transfers to the buyer after the delivered goods have been accepted at the agreed time and place via the agreed method. This does not prejudice VITO's rights, as stated in articles 5 and 16.
  9. LIABILITY. The supplier is liable for damage caused by his personnel or other persons he deploys to execute the order or perform other actions. VITO is not liable for loss or damage to equipment, tools, devices or other objects belonging to the supplier or parties he has authorised. The supplier must identify the objects he or his authorised persons have brought on to the VITO site as his property, and must have appropriate insurance against fire or other risks. Any claims of force majeure in this matter are explicitly excluded.
  10. CONFIDENTIALITY. The supplier is bound to confidentiality with regards to the information, drawings and models he receives from VITO. He may only use these items to perform VITO assignment and is obligated to not reproduce them or make them available to third parties, with the exception of information that the supplier must provide to his suppliers in order to carry out the assignment, on condition that the same confidentiality agreement is reached between the supplier and his suppliers. A copy of this agreement must be provided to VITO in advance.
  11. INDUSTRIAL PROPERTY. The supplier must ensure that the delivery and/or its use by VITO or any other user, does not or will not infringe the industrial property rights of any other party. The supplier must release VITO from all entitlements, claims, demands for compensation, fines, costs, expenditure or other financial obligations resulting from this assurance being infringed by the supplier. All costs for providing the rights stated in this matter, must be covered by the supplier.
  12. REGISTRATION OF CONTRACTORS. Suppliers of immovable goods must mention the registration number they have been assigned by the Belgian government in all correspondence. If this number changes, the supplier must immediately inform VITO by registered letter. If this condition is not adhered to, the order will be irrevocably annulled without compensation and all costs, fines, duties, taxes, deductions etc. owed by VITO in accordance with the law, will be claimed from the supplier.
  13. SUB-CONTRACTING. Under no circumstances will VITO permit the order to be partly or fully sub-contracted, unless written authorisation has been received. The supplier continues to be liable for his sub-contractors and/or contractors at all times.
  14. SITE REGULATIONS. Site regulations and the VCA certificate (if required), are applicable to all works that must be carried out on installations and/or buildings at the VITO site.
  15. SUPPORT TOOLS. Drawings, models, stamps, tools, specifications, contract documents and instructions provided by VITO to the supplier prior to or during the agreement, or which the supplier has/had manufactured, remain or become the property of VITO. Upon request from VITO, these objects must be returned immediately and free of charge. The objects must be clearly marked by the supplier.
    If these objects are not returned, VITO may delay payment until they are returned and/or deduct costs, which have been incurred because of the failure to return the objects, from any potential payment. These objects cannot be shown to third parties without written consent from VITO.
  16. INVOICE. Three copies of the invoice must be sent to the VITO accounts department. This invoice must be accompanied by a delivery note which has been signed by VITO and which confirms receipt of goods. All invoices must feature a VITO order number. The invoice must never be attached to the delivered goods.
    In general, partial invoices will not be accepted, unless this is explicitly part of the order agreement.
    Invoices from EU countries must feature all required INTRASTAT details.
  17. ACCEPTANCE, QUALITY, GUARANTEE. If no additional requirements are established, the delivered goods must comply with the generally accepted sector regulations (technical norms, European guidelines, CE-conformity, instructions, methods...), guidelines for industrial safety (safety regulations for machines, risk inventory, etc.), as well as existing norms implemented by the Belgian Institute for Standardisation.
    The supplier must guarantee exceptional quality of goods and suitability for the intended purpose.
    Acceptance of goods takes place by VITO, at the VITO-site, and is always subject to inspections into accuracy, suitability and absence of errors. If no other arrangements have been explicitly agreed, checks will take place in accordance with the delivery and acceptance conditions that have been established in the generally acknowledged sector regulations, bearing in mind the requirements VITO has established for the goods in the order.
    After notification, goods can always be returned 8 days after receipt. In case of justified returns, VITO will first contact the supplier; after approval from the supplier, VITO will return the goods together with a copy of the delivery note. In response, the supplier must send a credit note.
    Defects and errors that can be attributed to incorrect execution, ineffective building processes, unsuitable construction or unsuitable materials, entitle VITO to demand free replacement goods, in addition to the legal possibilities available to the supplier. In urgent cases, VITO is entitled to have replacement materials provided or have them repaired at the cost of the supplier.
    Testing certificates and inspection reports for materials associated with the delivery must be supplied to VITO within 5 days of delivery.
    Hidden errors or defects that are only confirmed during use or processing, entitle VITO to demand costs for the used material, wages and other costs from the supplier. If no alternative arrangement has been agreed, the guarantee period amounts to one year and is automatically extended by the period during which the goods cannot be used due to discovered errors. This period starts from the moment when the goods are first used. If replacement goods are delivered, a new one-year period will start. A copy of the guarantee certificate must accompany the goods upon delivery.
    The product liability of the supplier in relation to VITO personnel and third parties cannot be limited, even when the delivered good are components of other products.
  18. PRICES. The agreed price is a maximum price for DDP delivery at the agreed place and contains all costs and duties, including the costs for transport and insurance, turnover tax, import duties and costs for packaging, excluding those for borrowed packaging. However, if market prices for goods that are part of the order generally decrease, then VITO is entitled to partake in new price negotiations. If no agreement is reached, then VITO is entitled to freely determine the size of the remaining deliveries.
    If the supplier reduces the prices of the concerned goods, then VITO retains the right to accordingly adjust the price of yet to be delivered goods from the day of the price reduction.
  19. PAYMENTS. Unless agreed otherwise, payment take place 50 days after the end of the month in which receipt and full approval is given to the goods or, if the invoice is received at a later date, sixty days after receipt of invoice.
    Payment takes place in the currency in which the price is expressed. Payment does not relieve the supplier from any guarantees and/or liability to which he is bound in accordance with the agreement or otherwise. All invoices will be paid via bank transfer to a bank or post-office account belonging to the supplier.
    VITO does not accept payment in the form of bills of exchange.
  20. STORAGE BY THE SUPPLIER.  If, for whatever reason, VITO is not able to receive the goods at the agreed time, with them being ready for delivery, then the supplier must store the goods, secure them and take all reasonable measures to prevent deterioration in quality until the goods can be delivered. VITO will then be obligated to pay the supplier a reasonable remuneration for the costs. In this case, VITO will pay for the goods and will assume ownership, but the supplier will continue to be responsible for the risk to goods until delivery has been completed to VITO.
    In case of force majeure on the part of VITO, both parties will bear their own costs.
  21. TERMINATION OF AGREEMENT. If the supplier does not fulfil, does not timely fulfil or does not appropriately fulfil one or any of the obligations relating to the purchase agreement or later agreements that originate from it, even in case of his bankruptcy, payment delays and termination or liquidation of the supplier's company, he is legally deemed to be in default and VITO is entitled to unilaterally terminate the agreement, in part or in full, without further notification and without legal intervention, without being obligated to pay compensation and without prejudicing any additional rights. All claims that VITO may have or may later receive against the supplier as a result of these cases, will always be demandable in full.
  22. CATALOGUES. If delivery of the ordered goods takes place using catalogues or lists from manufacturers or suppliers, then two copies of them must be supplied to the purchasing department before the first delivery and in case new versions are released.
  23. PROFESSIONAL ETHICS. In terms of professional ethics, VITO closely follows procedures in order to abide by applicable laws and regulations, so that all transactions are accurately and honestly reflected. VITO thus also expects its personnel and the personnel of third parties to closely follow these procedures. Therefore, although VITO is convinced that the supplier implements and supports such procedures, VITO would like to kindly request the supplier to immediately inform VITO of any deviation on the part of VITO, which the supplier many discover when executing the order.
  24. AUTHORITY. The delivery assignment issued by VITO, and all agreements derived from it, will be subject to Belgian law. Only the Court of Turnhout is authorised to rule on potential disputes which may arise from this agreement.
    Should any suitably authorised body deem one or multiple clauses in the current purchase conditions to be unenforceable, this will not result in all purchase conditions being deemed as unenforceable.


Back