1. Our general terms and conditions of sale apply to all agreements entered into by or with our company, to the exclusion of our customer’s own terms and condition, unless explicitly accepted by us in writing. The application of these general terms and conditions is accepted by the customer by entering into the agreement or accepting a delivery. In case of cancellation the customer owes a fixed compensation equalling 10% of the price of the order, unless the seller provides proof of higher losses. This compensation shall cover the fixed and variable costs as well as any loss of profits.
2. The goods are delivered in the manner indicated on the order form or on the front of the invoice.
3. Our prices are indicated in euro and are always exclusive of VAT. Any increase of the VAT rate in the period between the order and the delivery will be charged to the buyer. The orders are invoiced at the prices and under the conditions applicable at the moment on which the order is accepted.
4. The buyer is to immediately take receipt of and inspect the goods. Complaints are to be formulated immediately upon delivery. Once the delivery not has been signed in acknowledgment of receipt, no complaints are accepted. If the buyer is not present at the delivery, this is mentioned on the delivery note.
The seller is not responsible for problems resulting from the incorrect and/or unauthorised use of the product, problems resulting from force majeure and from any actions or deliberate error of any person, including the buyer or his representative.
5. Delivery is made at the buyer’s risk, who is to take out an insurance against any possible damage. The risk is transferred to the buyer at the moment on which the goods leave the seller’s warehouse. If the buyer wrongfully refused to take receipt of the goods, he must pay the resulting costs, such as the costs of storage and transport, in addition to any other amounts payable to the seller, e.g. the agreed price, the interests and the fixed compensation. The buyer is to ensure that the goods can be delivered by the seller in a normal manner at the agreed place and time, and that the place of delivery is accessible. If these conditions are not met, the buyer has the obligation to pay a compensation for all losses incurred by the seller, including waiting time.
6. Unless otherwise indicated on the invoice, the price is payable at the latest thirty days after receipt of the goods. In case of non-payment or late payment, the price will be increased by operation of law and without any formal notice of default being required, by a fixed compensation equalling 10% of the invoice amount, with a minimum of 50 euro. In addition, the highest possible late payment interest rate referred to in the legislation in force on combating late payment in commercial transactions is applicable by operation of law and without a formal notice of default being required. In case of (partial) late payment, the above-mentioned fixed compensation and interests will also be payable. These provisions remain applicable if we allow payment by instalments or grant payment facilities. Without prejudice to the provisions of paragraph 4, if the buyer objects to the invoice, a letter containing the reasons for the objection is to be sent by registered post at the latest 8 days following the date of the invoice and in any case before the goods are used or resold. Any late payment or non-payment also makes all invoices issued at that time fully payable without a formal notice of default being required. Furthermore any payment facility or discount granted, both in the past and for the future, will automatically be cancelled. Objections do not suspend the obligation to pay. If a customer has ceased payments was declared bankrupt or applied for a judicial reorganisation, the seller reserves the right to unilaterally cancel the contract without a formal notice of default being required, without prejudice to the seller's right to compensation.
7. In case of late payment or non-payment for any reason or in case of non-observance of one single contractual obligation, we reserve the right to take one of the following actions: - either unilaterally suspend the execution of all current orders after a prior notice of default was sent and not responded to within a period of eight days, without entitling the contracting partner to any compensation, but without prejudice to our right to claim a compensation. - or to unilaterally cancel the contract without prior judicial authorisation and after a prior notice of default was sent and not responded to within a period of eight days, without prejudice to our right to claim a compensation.
8. Any case of force majeure or any coincidence releases our company by operation of law from any obligation, and the contracting partner will not be entitled to any compensation. If our company depends on deliveries by a third company, for instance, for the fulfilment of its obligations, these provisions also apply in case of force majeure or a coincidence affecting this third company and causing a delay in or an impediment for the fulfilment of our obligations. The following situations are regarded as force majeure: malfunction of equipment, lock-out, theft, accidents, exceptional weather conditions, strike, fire, exceptional traffic congestion, bankruptcy of the supplier, failed harvest.
9. The courts of the legal district where the registered office of the seller is established will have exclusive jurisdiction in case of disputes. Belgian law shall apply at all times.