Website: www.vimex.red Last updated: June 2026

These General Terms and Conditions of Sale (“Terms”) govern the use of the website www.vimex.red and all offers, quotations, order confirmations and sales agreements of Vimex (“we”, “us”, “our”, “the seller”). By using this website or purchasing from us, the buyer accepts these Terms.

1. About us

Vimex is a Belgian trader in used material handling equipment, including forklifts, aerial work platforms and reach trucks.

Vimex SRL

Chaussée de Wervicq 387, 7780 Comines, Belgium

Company / VAT number: BE 0874.431.244

Email: cedric@vimex.be — Phone / WhatsApp: +32 491 08 15 87

2. Applicability and definitions

2.1 These Terms exclusively govern all quotations, offers, order confirmations and sales and purchase agreements entered into by the seller. Provisions deviating from these Terms shall only apply if agreed between the buyer and the seller in writing, and only for the particular agreement for which they were agreed; in all other respects these Terms shall prevail.

2.2 The buyer’s own general terms and conditions shall not apply and are expressly rejected, even where they are referred to in the buyer’s order, purchase confirmation or other documents.

2.3 In these Terms, the term “machines” or “goods” shall also be understood to mean delivered installations, devices, parts, attachments, accessories, batteries, chargers and tools, as well as any items related thereto, in the broadest sense of the word.

3. Trade sales to professional buyers (B2B)

3.1 All goods are sold at trade (dealer) prices to professional buyers and traders. Our offering and these Terms are aimed exclusively at business-to-business (B2B) transactions.

3.2 By purchasing from us, the buyer confirms that it is acting in the course of its trade, business or profession and not as a consumer.

3.3 The seller does not direct its offering at consumers. Any natural person who nevertheless purchases from the seller declares to be acting for professional purposes and purchases industrial second-hand equipment strictly “as is”. Insofar as a purchase would nonetheless qualify as a consumer sale under mandatory law, all exclusions and limitations of warranty, guarantee, liability and costs contained in these Terms shall apply to the fullest extent permitted by such mandatory law.

4. Quotations and prices

4.1 All quotations, whether verbal or in writing, are non-binding and lapse after 8 days unless otherwise agreed in writing.

4.2 The seller may assume that all data, specifications, drawings and other information furnished to it by the buyer are correct, and shall base its offer thereon.

4.3 The seller shall not be liable for errors or deviations in pictures, descriptions, indications of measurements, weights, operating hours or technical specifications appearing in advertisements, listings, price lists, offers and/or order confirmations.

4.4 All prices are always ex-works (EXW) Comines (Incoterms 2020) and exclusive of VAT, packaging, loading, transport, insurance, customs and export formalities, inspection and certification costs.

4.5 The sales price is based on the seller’s own purchase price and other cost factors. If any of these cost components increases after the order confirmation but before delivery — including, without limitation, supplier prices, import or export duties, other duties or taxes, or exchange rates — the seller shall be entitled to pass such increase on to the buyer or to withdraw its quotation.

5. Orders and confirmation

5.1 Every sale becomes binding on the seller only after its written confirmation; the seller’s invoice may serve as order confirmation. This also applies to sales made through representatives.

5.2 The sales agreement is entered into subject to a resolutive condition: if full payment has not been received within six weeks after the invoice / order confirmation date, the seller may treat the agreement as dissolved by operation of law, without judicial intervention and without any compensation being due to the buyer. In that case the seller is free to resell the goods, without prejudice to its right to compensation under clause 13.

6. Goods sold “as is”, without any warranty

6.1 The equipment we sell is second-hand material and is sold “as is”, without any warranty or guarantee of any kind. The buyer is aware that the goods are second-hand and accepts them in their current condition.

6.2 We give no guarantee as to the condition, fitness for a particular purpose, or the number of operating hours shown on the machine.

6.3 By accepting the goods, the buyer is deemed to have inspected them and to have noted and accepted any visible defects.

6.4 Parts that are subject to wear and tear on account of their nature or operating circumstances (including, without limitation, tyres, batteries, forks, chains, hoses and filters) are in no event covered by any guarantee, nor is any loss resulting from careless or inexpert use, overloading, lack of maintenance or other external influences.

6.5 Where a guarantee has exceptionally been agreed in writing, fulfilment of that guarantee (repair, replacement or partial credit, at the seller’s option) shall serve as sole and complete compensation. The guarantee lapses immediately if the buyer performs, or has third parties perform, repairs or changes to the goods without the seller’s prior written permission. A guarantee claim does not entitle the buyer to suspend or refuse payment.

6.6 The seller shall never be liable for, or contribute to, any costs of whatever nature arising after delivery, including, without limitation, costs of repair, maintenance, spare parts, breakdown, towing, transport, storage, inspection, testing, certification, homologation, registration or bringing the goods into compliance with any legislation or standard. All such costs are exclusively for the account of the buyer.

7. CE marking and certification

7.1 Some of our products are imports and do not carry CE marking as referred to in EU Directive 2006/42/EC. The buyer is fully aware of this. In such cases we act only as an agent and not as the principal party to the sale. Machines are supplied without approval, certificate or marking.

7.2 Where a machine is fitted with a hook on a bucket or arm, this may only be used as a towing hook and never as a lifting hook.

8. Delivery and transfer of risk

8.1 All sales are always and without exception concluded ex-works (EXW) Comines in accordance with Incoterms 2020. The risk of the goods shall pass to the buyer at the moment the seller makes the goods available to the buyer at its premises.

8.2 Delivery and performance dates are indicative only and are not binding. Exceeding a delivery date cannot give rise to any claim for damages or to cancellation of the order, nor entitle the buyer to refuse acceptance of or payment for the goods, except after written notice of default granting the seller a period of at least three weeks to perform.

8.3 Where the seller arranges transport at the buyer’s request, this is done exclusively at the buyer’s risk and expense; the risks of storage, loading, transport and unloading are borne by the buyer, who must take out adequate insurance against these risks.

8.4 In the event the purchase involves a trade-in and the buyer continues to use the goods to be traded in pending delivery of the newly purchased goods, the risk of the traded-in goods shall remain with the buyer until ownership thereof has been transferred to the seller.

8.5 In accordance with the EXW delivery term, the seller does not provide, arrange, sign or take any responsibility for any customs, export, transit or other documents, formalities or permits of any kind. All export declarations, customs clearance, transit and transport documents (including, without limitation, EX-A, T1, EUR.1, certificates of origin and CMR), licences, registrations, homologations and any other paperwork are exclusively the responsibility of, and at the expense of, the buyer. The buyer shall indemnify the seller against any claim, fine, duty or cost arising from the buyer’s failure to complete such formalities correctly.

9. Force majeure

9.1 Force majeure is understood to include all circumstances beyond the seller’s reasonable control which prevent or hinder delivery or timely delivery, including, without limitation, non-delivery or late delivery to the seller by its own suppliers, transport disruptions, war, strikes, government measures, energy or IT failures, and extreme weather.

9.2 In the event of force majeure, the seller may, at its option, suspend delivery for the duration of the circumstances or dissolve the sales agreement in whole or in part, without any compensation being due to the buyer.

10. Payment

10.1 Our invoices are payable in Belgium by the due date stated, without discount and without set-off. Set-off by the buyer of any counterclaim against the purchase price is not permitted.

10.2 If payment is not made by the due date, interest of 10% per annum — or, if higher, the interest rate under the Belgian Act of 2 August 2002 on combating late payment in commercial transactions — is due automatically and by operation of law, without notice of default, and the seller may suspend further deliveries and the fulfilment of any of its other obligations.

10.3 In addition, a fixed compensation fee of 10% of the invoice amount (minimum €50) is due after notice of default has been issued to no avail, without prejudice to the seller’s right to recover the actual collection costs where it engages third parties for collection.

10.4 The seller may at any time, at its discretion, require the buyer to provide adequate security for the payment and performance of its obligations. If the buyer fails to provide such security within the term set for that purpose, it shall immediately be in default, and the seller shall be entitled to suspend its own obligations or to dissolve the agreement and recover its loss from the buyer.

10.5 A complaint shall not defer or suspend the buyer’s payment obligation.

11. Retention of ownership

11.1 The goods remain the property of the seller until the buyer has fulfilled all of its obligations arising from or in connection with the sales agreement, including full payment of the price, any interest and costs (e.g. transport, customs, insurance) and any compensation owed.

11.2 As long as ownership has not passed, the buyer may not sell on, pledge, encumber, process or otherwise dispose of the goods without the seller’s prior written permission.

11.3 If the invoice remains unpaid in whole or in part, the seller is entitled to recover the goods at the buyer’s expense. The buyer irrevocably grants the seller access to the place where the goods are kept.

11.4 If the seller cannot invoke its retention of title because the delivered goods have been merged, transformed or acquired by accession, the buyer shall be obliged to pledge the newly formed goods to the seller upon first request.

12. Liability

12.1 The seller shall only be liable for loss suffered by the buyer as a direct and sole consequence of a shortcoming attributable to the seller. Any liability of the seller is in all cases limited to the invoice value of the goods concerned or, if lower, the amount actually paid out under the seller’s insurance in the case at hand.

12.2 The seller shall never be liable for indirect or consequential loss, including, without limitation, loss due to business interruption or standstill, delays, malfunctions, loss of profit, loss of production, loss of use, or claims of the buyer’s customers or other third parties, nor for damage occurring during transport.

12.3 The buyer indemnifies the seller against all third-party claims, including product liability claims, arising from or in connection with goods resold or supplied by the buyer which consisted wholly or partly of goods delivered by the seller.

12.4 Nothing in these Terms excludes or limits the seller’s liability for its own fraud or intentional fault, or any other liability that cannot lawfully be excluded under mandatory Belgian law.

13. Changes, cancellation and returns

13.1 Changes to or cancellation of a concluded sales agreement require the seller’s written permission. In the event of cancellation of an order by the buyer, we reserve the right to claim compensation equal to 20% of the total value of the goods or services concerned, without prejudice to our right to claim higher, proven damages.

13.2 Delivered goods are not taken back. Where a return is exceptionally agreed, it is accepted at 70% of the price, DDP at our warehouse; packaging at 50% of the stated value.

14. Complaints

14.1 Any complaint must be substantiated and sent to us by registered letter within eight days of receipt of the goods. Complaints received later shall not be handled.

14.2 Without prejudice to clause 6, the seller shall not handle complaints regarding the condition of delivered used machines, which are sold “as is”.

14.3 A complaint about delivered goods shall have no effect on previous deliveries or on goods yet to be delivered, even if delivered or to be delivered under the same sales agreement, and shall not suspend the buyer’s payment obligation.

15. Non-performance and insolvency of the buyer

15.1 If the buyer fails to fulfil one or more of its obligations, is declared bankrupt, applies for judicial reorganisation or any comparable insolvency procedure, proceeds to wind up its business, or if all or part of its assets are seized, the seller shall be entitled to dissolve the sales agreement — or the part of it not yet executed — without judicial intervention, and to reclaim the delivered but unpaid goods, without prejudice to its right to compensation for loss, interest and costs.

15.2 In the event of non-fulfilment of any of its obligations, the buyer shall be in default by the mere expiry of the agreed term, without notice of default being required.

16. Website content

The content of this website (texts, images and links) has been compiled with the greatest possible care. However, we cannot be held liable for any damage arising from information that may be incomplete or incorrect. We are entitled at any time to change, correct or remove all or part of the content. We are not responsible for the content of files or third-party websites linked from this website.

17. Intellectual property

Copyright and all applicable intellectual property rights in this website are reserved. The content, or parts of it, may not be reproduced or used publicly without our prior written consent. Unauthorised or improper use constitutes an infringement of these rights.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, in whole or in part, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed replaced by a valid and enforceable provision that most closely reflects the intent of the original provision.

19. Governing law and jurisdiction

19.1 These Terms and all sales are governed exclusively by Belgian law.

19.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Sales Convention) shall not apply, nor shall any other international rules from which the parties may lawfully derogate.

19.3 Any dispute falls under the exclusive jurisdiction of the courts of the judicial district of the seller’s registered office, unless mandatory rules of law provide otherwise. The seller may nevertheless choose to bring the dispute before the court that is competent under the general statutory rules of jurisdiction.

19.4 The parties may agree in writing to some other form of dispute settlement, such as arbitration or mediation.

20. Contact

📍 VIMEX (Belgium) — Chaussée de Wervicq 387, 7780 Comines

📞 WhatsApp or phone: +32 491 08 15 87

✉️ Email: cedric@vimex.be