GENERAL CONDITIONS OF SALES
Article 1
Our offers and rates are issued without obligation and can be changed at any time and without prior notice. The rates are exclusive of V.A.T. or other taxes and delivered ex-works, unless stated otherwise.
Article 2
Orders received, either directly or through the intermediary of our agents, representatives or other staff, are only binding on us after written confirmation by the body authorised to commit us.
Article 3
Orders shall be invoiced at the prices and under the conditions on the date of acceptance of the orders. However, we reserve the right to automatically re-invoice any price increase when it is the result of a price increase applied by the manufacturer of the products to be delivered.
Article 4
Delivery terms: Delivery times are for information purposes only and can never be used against us as a claim for damages due to late dispatch/delivery. Delays in meeting the delivery deadlines do not give right to refusal of the ordered goods. All cases of force majeure, accidents, war, general or partial strike, lock-out, riots, lack of raw materials and/or transport possibilities release us from any responsibility.
Article 5
Complaints: Complaints or objections must reach us by registered mail within five days of receipt of the goods in order to be eligible. Complaints about quantities can only be accepted if they are checked at the time of unloading itself. When picking up goods, the check-up must be done by the collector before leaving our company/loading area. The submission of complaints does not give the buyer the right to postpone the payment of the delivered/collected goods.
Article 6
Return of goods: In principle, we never take back delivered goods. If, exceptionally and in certain cases, we agree to the return of the goods, this will only be done for unused, fresh materials. This return will only be done at 80% of the value. The costs of return will be charged.
Article 7
Any cancellation of an order or order confirmation must be made in writing. It is only valid if accepted in writing by the seller. In case of cancellation, a fixed fee of 20% of the price of the order is due.
Article 8
All our invoices are always payable in Eke, unless stated otherwise on the invoice. Bills of exchange or other payment agreements shall not be regarded as a deviation in this respect.
Article 9
Products/custom made goods/colours: are only carried out after written order, and must be collected at the latest within 14 days after notification. These uncollected goods will be invoiced at the price indicated.
Article 10
Our prices are set for payment net and without discount thirty days after invoice date. There is no discount for cash unless otherwise stated on the invoice.
Article 11
In the event of non-payment by the due date, interest on arrears of 10% from the due date and a fixed compensation of 10% with a minimum of 50,00 euros will be charged, by operation of law and without formal notice, by way of a conventional penalty clause for extrajudicial costs, without prejudice to the possible application of article 1244 of the Civil Code in favour of the debtor. The legal costs are not included in this amount. In the event of non-payment of an invoice, all claims shall become due and payable and cash payment may be demanded upon delivery.
Article 12
The delivery of the merchandise takes place on the truck, brought before the shipyard or place of residence of the buyer. The unloading of the merchandise is at the buyer's expense. Unloading can only take place at the shipyard at the express prior request of the client. If the site is difficult to access due to bad weather conditions or other causes, the seller cannot be obliged to unload at the site. If the buyer nevertheless requests to unload at the site, the buyer is responsible for any damage to footpaths, verges and underground infrastructure such as drainage pipes and wells.
Article 13
If the delivery is delayed, the buyer is not entitled to compensation or destruction of the order. Compensation can only be claimed by the customer if this has been explicitly stipulated in writing.
Article 14
Only the present terms and conditions of sale are binding between the parties and may only be deviated from by means of a special written agreement.
Article 15
Empty goods must be returned by the buyer's own efforts. Only empties charged by our company will be refunded by our company. The charged empties must be returned in good condition by the buyer within 6 months otherwise the deposit will not be refunded.
Article 16
Sold collections and deliveries will not be taken back unless expressly agreed in writing.
Article 17
In the event of a dispute, the courts of the district of Ghent shall have exclusive jurisdiction. The present general terms and conditions have been drawn up and are subject to Belgian law.
Article 18
As a mutual guarantee and commitment to rapid dispute resolution by the arbitration, the B.A.I. (Belgian Arbitration Institution) is charged with the appointment of arbitrators who shall be authorised to settle any dispute definitively in accordance with its operating rules, which can be obtained free of charge from the Belgian Arbitration Institution, Lieven Bauwensstraat 20, 8200 Bruges. This clause forms an integral part of the terms and conditions of sale and replaces all conflicting jurisdiction clauses.
Article 19
Current sales and delivery terms apply to traders as to non-traders.