Unless expressly determined in writing, the following provisions apply to all our sales agreements and agreements with regard to services to be performed by us. Our terms and conditions take precedence over those of the buyer or purchaser, even if they provide that they take precedence over ours. Our acceptance of order forms or the sending of an order confirmation does not affect this rule.
- Offers and Quotations
All our offers and quotations are without obligation. The matters handled by intermediaries, agents, representatives…, bind us only after written confirmation, even if no confirmation has been sent for earlier matters.
- Order Confirmations
The order binds the customer, but only binds us after written confirmation.
All our prices are net exclusive of VAT. Since these prices are subject to change at the hands of manufacturers, due to changes in exchange rates and/or import duties, customs agency and freight forwarder rates, we will charge the price of the day.
The delivery periods, which start from the day following the day on which we are in possession of all the information to be provided, as well as the receipt of any advances to be paid, are non-binding and approximate. Any delayed delivery cannot give rise to compensation, refusal to take delivery of the goods or dissolution of the agreement. Unless otherwise stipulated, the goods are delivered and accepted in our warehouses in Lichtervelde. The goods always travel at the buyer’s risk, even in the case of carriage paid delivery.
- Force majeure
We are relieved of any liability in the event that, due to circumstances beyond our control, we are unable to fulfil our obligations (accident, strike, lock-out, riots, war, import ban, fire in our workshops,…) We reserve the right to the right to suspend the term of execution of the agreement as long as the force majeure lasts, or to suspend the agreement by means of terminate a written notice to the customer.
All our invoices are payable at the registered office, net without discount, on the date of the invoice or on the due date indicated on the invoice. If the invoice is not paid within the set term, the invoice amount will automatically and without prior notice be increased with an interest of 1% per month from the invoice date. If the payment has not been made within 30 days after the due date, the balance still due will be increased, without notice or notice of default, by a fixed and irreducible amount of 10% of the balance with a minimum of € 100.00, by way of express agreement between the compensation agreed between the parties and this by operation of law.
- Corresponding Execution
The corresponding execution is only guaranteed with the usual deviations.
- Complaints and Returns
Visible defects are covered by the acceptance of delivery. Any complaint due to hidden defects must be sent in writing to the registered office of the company within one month of receipt of the goods. If, in our opinion, the complaint is correct, we reserve the right to choose between payment of fair compensation, at most equal to the invoice value of the delivered and poorly recognized goods, or free replacement of these goods after they have been returned in their original condition, with the exclusion of from any other compensation (eg compensation for indirect damage). Any liability for accidents to persons and/or damage to objects, machines, installations and buildings, as well as any claim for compensation of a professional nature due to a mistake in delivery, a lack of conformity of the delivered goods, is expressly rejected. . In those cases, we are under no obligation, at our own discretion, to either take back the delivered goods at the sale price or to replace them. The goods may not be returned without our written consent. If a return shipment takes place, which we have not agreed to, and we nevertheless proceed to take delivery, this will always take place subject to rights and at the expense of the buyer and stored at his expense and risk.
- Retention of Title
The goods remain our property until they have been paid in full, including interest and costs. Prior to this, it may not be used for the benefit of third parties, eg as a pledge or guarantee.
Deliveries are made ex warehouse unless otherwise determined by us in writing. Even with carriage paid delivery, the risk and danger of shipment are for the account of the buyer.
If the buyer or customer cancels his order for any reason, conventional, flat-rate and by operation of law compensation will be due, the amount of which is determined at 25% of the purchase price.
- Delivery delay
We reserve the right, before proceeding with the delivery, to obtain bank or mortgage security for the fulfilment of the payment obligations of the buyer, regardless of the delivery period or the payment terms that have been agreed.
- Applicable Law
Belgian law applies to this agreement. In the event of a dispute, only the courts of the district of our registered office are competent. This jurisdiction clause can only be deviated from by our decision.