General Terms and Conditions of Sale

 

APPLICABILITY AND DEVIATIONS

These general terms and conditions apply to all agreements concluded with our company. The customer declares to have taken note of these conditions and to accept them without reservation. Any deviation from these terms, even if stated on our documents, shall only be binding upon us if expressly confirmed in writing by one of our directors.

QUOTATIONS

Prices and conditions stated in our quotations are valid for a period of one (1) month only and subject to the condition that no changes occur at the level of our manufacturers.

RETENTION OF TITLE

All goods delivered, regardless of any transformation they may undergo, remain our property until full payment and settlement of all obligations arising from the agreement have been made.

DELIVERY TIMES

Delivery times are always indicative. We undertake to make all reasonable efforts to comply with them. In the event of force majeure, such as fire, strike, lock-out or any extraordinary circumstance beyond our control, we reserve the right to postpone or cancel deliveries. Any delay shall never give rise to any compensation on our part. Delays cannot be invoked for the full or partial cancellation of an order unless, after a formal notice of default, which has remained without effect for at least fifteen (15) days.

RISK

Our products are delivered in Oekene and always travel at the buyer’s expense and risk.

CANCELLATION

In the event of cancellation of an order, the buyer shall be liable to pay a fixed compensation equal to 30% of the order amount excluding VAT. This provision also applies in the event of partial cancellation.

COMPLAINTS

To be admissible and valid, any complaints must be submitted in writing by registered mail within eight (8) days following receipt of the goods and/or invoice.

PAYMENT

Invoices are strictly payable in cash. In the event of non-payment on the due date, all price reductions or benefits granted, in whatever form, shall lapse and be added by operation of law to the principal amount. Furthermore, any invoice not paid on the due date shall, by operation of law and without prior notice of default, bear late payment interest at a rate of 10% per annum from the invoice date.
In the event of full or partial non-payment on the due date, without serious grounds, the outstanding balance shall, after an unsuccessful formal notice of default, be increased by 15%, with a minimum of EUR 65 and a maximum of EUR 2,500.
Failure to pay an invoice on its due date shall render all outstanding amounts immediately due and payable, regardless of any previously granted payment terms. Deliveries and execution of orders may be suspended if previous deliveries have not been paid on the due date. The method of payment shall not give rise to novation nor to any change in jurisdiction.

JURISDICTION

The formation, existence and consequences of this agreement are governed exclusively by Belgian law. All disputes shall fall under the exclusive jurisdiction of the courts of the judicial district of Kortrijk.