General terms and conditions of sale
- Our conditions apply to all offers, orders, deliveries or verbal or to all written conventions. They bind all parties except all other special written conditions. No other general terms and conditions shall apply, even if these have not been rejected explicitly by our company (the seller).
- Offers and orders are only executed after written acceptance and signature of our company. Offers made by our agents or our representatives are binding only after written confirmation. Our offers are only approximate. If after the date of the offer the prices of social charges, transport, taxes or any other right that might burden the amount, are modified, the price of the offer can be changed without previous notice.
- Unless otherwise stipulated in writing, our delivery times will only be approximate and will never be binding. No delay of delivery can be the cause of a refusal of the delivery or the payment of a compensation.
- Any and all complaints or protests must reach us by registered mail within eight days after delivery. After that period the merchandise and the prices are considered as definitively and totally accepted.
- We reserve the right to invoice the deliveries in function of their execution, even if they are partial.
- The merchandise is transported at the risk of the buyer himself, even if they are sold on a carriage paid base.
- The customer engages himself to accept the ordered merchandise. In case of cancellation prior to the delivery of the goods, the vendor is entitled to a compensation of 30 % of the amount of the order.
- In case of defective products, our responsibility is limited to the simple replacement of the merchandise. Our company can never be held responsible for the consequences due to possible errors or for the results of using our products as we have no insight into the circumstances under which these products are used or treated. The user must check if the products are in conformity to the local merchandise legislation before using them. Any and all information concerning our products is confidential and may not be copied or transmitted to a third party.
- All accounts are to be paid cash at our registered office.
- The payment of the price by the buyer must be effected in cash, without any discount, within a delay of thirty days starting from the date of invoice, except if stipulated otherwise by the vendor in writing.
- The customers engage themselves to respect the submitted prices in the different stages of distribution.
- Any price modification due to a change of import or export rights, V.A.T., the exchange market, transportation costs or insurance costs are to be supported by the buyer who has no right to cancel the already placed orders. The above mentioned enumeration is not restrictive and only given as example.
- Any amount unpaid on the due date shall, automatically and without prior notice, attract interest at a rate of 2 % above the Belgian legal interest rate, with a minimum interest rate of 12 % per annum.
- The seller reserves the right to increase by 10 % the amount of any invoice unpaid on the due date. The minimum amount of any such increase shall be € 50,00.
- Should an invoice remain unpaid on the due date, all invoices shall immediately become due for payment, regardless of their original date of maturity. As from and as long as the buyer fails to honour his payment engagements, the seller shall have the right to cancel all further deliveries.
- Should the buyer fail to honour his engagements, the seller may consider the contract cancelled and a letter sent by registered mail by the seller to the buyer shall be evidence of the seller’s exercise of this right. Such action shall not in any way limit or prejudice the seller’s other rights.
- If in the opinion of the seller there is a deterioration in the solvability or the creditworthiness of the buyer on account of measures of judicial execution against the buyer and/or other negative demonstrable events, the seller reserves the right to suspend all or part of any contracts in operation and to ask the buyer to provide such guarantees as the seller may deem proper to ensure the fulfilment by the buyer of his engagements under the contract. Such request may be made before or after the delivery of all or part of any order. Should the buyer fail to meet any reasonable demand for such a guarantee, the seller shall have the right to cancel all or part of any contracts in operation. Such action shall not in any way limit or prejudice the seller’s other rights for damages or interests.
- RETENTION OF TITLE CLAUSE
Until payment in full to the seller for the goods, the goods shall remain the property of the seller. Regarding the foregoing, the risk in the goods and all liability to third parties in respect thereof shall pass to the buyer on delivery. The Buyer shall be entitled to transform the goods or to incorporate them in a new product or products. In that case the seller reserves to himself the legal and equitable title to the fi nal product or products into which the goods are incorporated or mixed. The Buyer shall store the fi nal products separately and property of these products shall remain with the seller until full payment will have been made to the seller for the goods. The buyer may sell the goods in the normal course of his business but on condition that the buyer, in a fiduciary capacity as bailee of the goods, and for so long as he has not fully discharged his debt to the seller, shall hold and pursue claims for the proceeds of their sale equal to the price of the goods for and on behalf of the seller. The buyer shall fully pursue such claims and if necessary shall recover the sums due by legal process. The buyer shall if so required by the seller, allow the seller to conduct in the buyer’s name legal proceedings in respect of the monies due on the sale of the goods. Any sums recovered by the seller as a result of such proceedings (including sums accepted by the seller in settlement thereof whether or not equal to the sums claimed) shall be applied to the payment of the monies due to the seller from the buyer and then to the reasonable costs incurred by the seller in the course of such proceedings. Any balance remaining shall be paid to the buyer. Prior to the sale of the goods, the buyer shall, so far as reasonably practicable, store the goods separately from similar goods of the buyer, mark the goods as the property of the seller and shall not remove, obliterate or in any manner alter any label, mark or other means the seller may have of identifying the goods.
- The conditions of this contract shall not be modified in any way by the drawing or acceptance of bills of exchange or by any other arrangement, nor shall any such act constitute a novation.
- Any and all disputes arising out of this contract shall be referred to the Courts of Turnhout or, at the seller’s discretion, to the courts having jurisdiction at the buyer’s domicile. Possible claims of the buyer do not relieve him of the obligation to pay within the delay.