GENERAL TERMS AND CONDITIONS OF SALE
1. Delivery term
The delivery term is always approximate and never binding. It is always calculated from the date of the written acceptance of the order by the seller.
Failure to deliver within the delivery term shall not be considered a reason to cancel the order or to terminate the agreement and shall not warrant payment of any compensation.
2. General terms and conditions
By accepting our goods and/or services the buyer automatically accepts our general terms and conditions without reservation.
3. Retention of title
The seller continues to own the goods until the price has been paid in full. The risk with regard to the goods passes to the buyer at the time of delivery
In the event of resale the seller will demand the sum from the buyer corresponding to the value of the resold goods.
The buyer is obliged to return unpaid goods on request and authorises the seller or a party designated by the seller where applicable to enter the space where the goods are kept and to take back these goods.
4. Special conditions
Representatives of the seller are not authorised to grant the buyer special conditions. A manager of the seller or his/her authorised representative must confirm any special agreement, addition or omission in writing.
5. Place of delivery - Transport
Unless stipulated otherwise, delivery is made in the seller’s factory. The goods are transported at the buyer’s risk.
6. Complaints
To be admissible, complaints must be addressed to the seller by registered mail within eight days of delivery of the goods.
Complaints do not give any right to deferred payment.
The goods must not be returned without the seller’s written permission and the granting of this permission in no way entails an implicit acknowledgement of an error by the seller.
7. Prices
The seller’s prices are in euros, excluding VAT, other taxes or charges, such as packaging, and ex works and such like.
8. Payment
All invoices are payable in Kluisbergen.
Unless stipulated otherwise on the invoice, payments received within 10 days from invoice date, give right to a cash discount as stipulated on the front of the invoice. After this time, the nett amount without discount is to be paid on the due date indicated on the front of the invoice.
If any special payment terms are granted, the total outstanding amount shall be immediately due and payable by operation of law should the payment term not be observed.
Annual interest at 12% and compensation at 15% with a minimum of 65 euros shall be added, by operation of law and without prior notice, to any amount remaining unpaid on the due date.
9. Force majeure
In the event of force majeure, such as fire, lockout or strike, the buyer is entitled to suspend the performance of the agreement or to adapt the agreement to the circumstances, without being obliged to pay any compensation in either or both cases.
If the force majeure lasts for more than sixty working days, each party is entitled to terminate the agreement immediately and by operation of law without being obliged to pay any compensation.
10. Suspension and termination of the contract
In addition to the right to suspend performance, the seller can terminate the agreement with immediate effect by operation of law, without prejudice to the right to compensation, if the buyer fails to fulfil his or her obligations promptly in whole or in part. The seller shall notify the buyer of this by registered mail.
In this case, the buyer must make the identifiable goods available to the seller immediately and in any event within 48 hours of receiving the written notification.
11. Disputes
All disputes regarding the concluded agreement are governed by Belgian law and the courts of Oudenaarde have exclusive jurisdiction.
12. Special conditions
The issuance of a commercial instrument or any other arrangement does not renew or change the stipulations of the contract in question.
13. Defeasance
The nullity of one or more stipulations does not entail the nullity of the agreement.