GENERAL TERMS AND CONDITIONS OF SALE
Article 1: Applicability these conditions of sale apply to every agreement between NIKOLA cvba and its customers, insofar as the parties have not explicitly deviated from them.
The quotations or price quotations made by NIKOLA cvba are valid for 5 days, unless otherwise indicated.
Article 2: The customer must report any detected defects to NIKOLA cvba during the delivery. If this period is exceeded, the right to complain lapses. No complaints can be made about new damage caused to the vehicle after delivery.
Article 3: The agreement shall be concluded upon confirmation of the customer’s acceptance of the price offer to NIKOLA cvba. The prices stated in an offer shall be in euros and shall be exclusive of VAT, unless indicated otherwise.
Article 4:The delivery times stated by NIKOLA cvba cannot be regarded as strict deadlines. These are estimates that are made on the basis of the planning but are subject to delivery of parts by third parties.
Article 5: Guarantee 1. NIKOLA cvba guarantees all its works or modifications for a period of 1 year of legal warranty. The guarantee on vehicles sold corresponds to the statutory guarantee provided that the manufacturer’s guarantee is observed if it is still valid. Car sold in the state as she is, known to the buyer. Free of damage or technical problems.
Article 6: The liability of NIKOLA cvba is at all times limited to the invoice value.
Article 7: Invoice price and payment 1. The invoice price consists of the agreed price for the repair or sale. This includes the costs of file management, cleaning and delivery of the vehicle (with the exception of costs incurred by third parties). The costs of any replacement vehicle must be explicitly agreed between NIKOLA cvba and its client.
Article 8: Payment must be made when the vehicle is collected. Exceptionally, and only with the explicit consent of NIKOLA, a payment period of 5 days may be granted for repair work. This cannot under any circumstances apply to deliveries of cars sold.
Article 9: After expiry of the aforementioned payment period, the customer shall be in default without notice of default being required. From that moment on, an interest of 10% is due on the outstanding amount.
Article 10: If the customer fails to meet his payment obligations, all reasonable costs incurred to obtain payment out of court shall be borne by the customer, whereby at least the amount due shall be owed: 450 euro file costs plus costs to be paid to third parties.
Article 11: Payment must be made without discount or setoff.
Article 12: Force majeure 1. If NIKOLA cvba is temporarily prevented from fulfilling its obligations due to force majeure, these will be suspended. Force majeure is understood to mean circumstances that prevent NIKOLA cvba from fulfilling its obligations and that cannot be attributed to NIKOLA cvba. This also includes: strikes, unforeseeable circumstances at suppliers, or third parties on which NIKOLA cvba depends.
Article 13: If a situation of force majeure as referred to in this article lasts longer than one month, both parties are entitled to dissolve the agreement, without there being any obligation to pay compensation in that case.
Article 14: If NIKOLA cvba has partially fulfilled its obligations at the commencement of the force majeure, it shall be entitled to invoice this part separately and the customer shall be obliged to pay this invoice as if it were a separate contract.
Article 15: Complaints 1. The customer shall examine the delivered repair or the delivered vehicle immediately upon receipt. In doing so, the customer must check whether the delivered vehicle conforms to what has been agreed in terms of quality as well as to the manufacturer’s standards.
Article 16: The customer must report any detected defects to NIKOLA cvba within a week after delivery. If this period is exceeded, the right to complain lapses. No complaints can be made about new damage caused to the vehicle after delivery.
Article 17: Even if the customer submits a complaint on time, his obligation to pay and purchase orders placed shall remain in force until NIKOLA cvba has decided otherwise.
Article 18: Parts can only be returned to NIKOLA cvba with the prior written consent of NIKOLA cvba.
Article 19: Replacement car All agreements concerning a replacement car are explicitly stated on the replacement car document provided for this purpose.
Article 20: Dispute resolution and applicable law Any dispute shall be settled by the courts of Brussels.
Article 21: Whilst we take every possible step to confirm the free supercharging status, autopilot versions software and hardware, tow hook or tow accessory and other hardware and software options of the vehicles, it is the case that the terms and conditions of use are defined and administered by Tesla Motors and as such may be subject to change.
We cannot be held responsible if these terms change without notice.
All agreements between NIKOLA cvba and the customer are governed by Belgian law.