- The conditions apply to all our offers and agreements, deviating conditions only apply after written confirmation. The sales conditions of third parties are in any case, not applicable.
- All our offers are always without any obligation whatsoever and free of charge.
- The prices we conclude are based on the import duties, similar tariffs, export duties in the region of origin, freight costs, insurance premiums, fees, taxes and other government charges that apply to the transaction at that moment.
- If one or more of these factors change prior to delivery, we are entitled to reasonably adjust the prices accordingly.
- A change in the exchange rate in one or more of the currencies of which the creation and/or execution of a transaction is based in the broadest sense, will give us the right to change the price or cancel the order as desired.
4. Risk relating to delivery
- Upon delivery to factory or warehouse, the goods are for the account and risk of the buyer.
- The method of transport, packaging etc., can be determined by us, unless the buyer has indicated otherwise, without us being liable for this.
5. Delivery times
- The stated delivery terms in our offers, confirmations or elsewhere are estimates. Exceeding the delivery term does not give the buyer the right to a damage compensation, also not after a notification of default.
- If the stated price on the order slip - which is based on the presumption of immediate payment - is not paid to us by the buyer ultimately by the expiry date of the invoice, the buyer shall be considered as being in legal default and the following provisions shall apply.
- All costs relating to the payment, including exchange costs and bank fees, shall be for the account of the buyer.
- Deviating payment terms can be concluded in writing. However, upon exceeding these terms, all payment terms that apply for the not-yet expired invoices shall legally lapse and these shall be immediately claimable. The payment terms that apply for the orders, can also be held for COD (Cash on Delivery) payment if we so choose. The same applies when the buyer exceeds the line of credit established by us. Payment terms, stated on the orders, only apply insofar as these are established in the invoicing.
- Upon non-payment by the expiry date, a legally established interest of 10% annually shall be owed without default notification being required and starting from the day of expiry. A financial damage compensation of 10% of the owed amount shall also apply with a minimum of € 75 per invoice.
7. Explicit dissolution clause
- The non-payment of an invoice within 8 days after the expiry date, legally dissolves the sales agreement, without notification of default. The buyer shall be credited for these goods for the value that applies according to our assessment, minus the cost of repossession and the financial damage compensation referred to in clause 10. Despite this clause, the seller is also free to start an enforced payment procedure.
- The supplied goods remain the property of the supplier (the seller) until full payment is made of the outstanding principle sum, plus possible fees and interests. The delivery also takes place at the risk of the buyer, who is expected to take out insurance against possible damage claims. The buyer shall immediately inform the supplier (the seller) if the goods are stored in a space that the buyer sublets. In this case, the buyer shall make known the identity and the place of residence of the tenant so that the supplier can inform the tenant of his retention of title.
- All complaints concerning the quality of the supplied goods and/or deviation in the specifications must ultimately be reported by the buyer within 8 days in writing to us.
- Complaints concerning hidden flaws in the supplied goods should also ultimately be reported in writing by the buyer within 8 days after discovery.
- All returns must take place as returned postage paid to our warehouses, and after prior written approval.
- All goods are warrantied against manufacturing errors.
- We are never bound to any kind of liability, other than - according to our preference -
a. redelivery of the goods that display serious manufacturing flaws.
b. compensation of the damage up to the amount of the invoice value of the defective goods.
- We are never liable for any damage, direct or indirect, than what is stated above, even when the damage is caused by hidden flaws.
- If the buyer continues to be in default of compliance, exceptionally with an annulment of an order, he shall owe by way of a penalty clause a financial damage compensation of 30% of the entire order in accordance with Article 1229 of the Belgian Civil Procedures Code, plus an interest of 10% annually on this damage compensation starting from the day of notification of default.
- It shall also be considered an annulment of an order with refusal as a result of non-payment of a COD delivery. In such a case, the penalty clause as stated above shall apply, plus the consequential shipping and repossession costs.
- Upon force majeure and other circumstances of a nature that fulfilment of the transaction can be expected of us, including when we are unable to deliver due to our own suppliers, the delivery obligation shall be suspended and the delivery time extended to match the duration of the those circumstances.
- When these circumstances last longer than 3 months, we are entitled to annul the transaction without being bound to pay a damage compensation.
11. Final provisions
- In case of disputes, only the courts of Turnhout, Belgium are authorised as ruling body unless the seller chooses to summon before the court of the place where the buyer is established.
- Belgian law applies to this agreement.