General terms and conditions of sale:
These conditions apply to all offers, acknowledgements, agreements and deliveries unless confirmed otherwise in writing. They supersede in all cases the conditions of the buyer. By issuing a purchase order, the buyer accepts these conditions. Data about technical properties of our products is for information only and no claims can be derived from them.
- All orders are executed based on pricing, discounts and conditions applicable at the date of delivery. Every increase of transport-rates or import duties after ordering are borne by the buyer. All prices and discounts depend on the ordered quantity. A decrease of the ordered quantity can result in a review of the original agreed price. When pick-up of material is delayed, a warehousing fee of 1% per month will be charged. For the cost of money, an interest equal to the main refinancing operations interest rate of the European Central Bank, increased with 7 percent points and rounded to the next higher half percent point, will be charged.
- All dimensions are measured by the buyer. Dimensions provided by the buyer or third parties, dismiss the seller from every responsibility of the dimensions of the delivered product do not match. All supplied dimensions will be considered span sizes i.e. without spacing.
- The merchandise is considered being received and approved in the warehouse of the seller. The customer can inspect the goods prior to delivery. Every complaint after inspection will not be taken into account. Under no circumstance, the seller can be held responsible for defects, visible or non-visible, on the delivered goods nor for delivery delays. The warranty for products delivered is limited to the warranty the seller receives from its suppliers and can never be higher than the replacement of the delivered goods. The seller can under no circumstance by held responsible for damage, including company damage, resulting for the goods to the buyer or third parties. The buyer will protect the seller from all claims, charges, rights and legal claims that third parties would exercise in the name of the seller.
- Potential complaints concerning deliveries and invoices of the seller have to be communicated in writing within 8 days after receipt. If not, acceptance by the buyer is considered. Filing a complaint, even within the predetermined timeframe, does not dismiss the buyer from paying the invoice on its date of expiration. The seller is only obliged to repair or replace the goods that the seller accepted as defective. Under no conditions, the seller can be held responsible for any other consequential damage.
- All deliveries by the seller will be done within a normal and reasonable delivery time. The seller will not be bound by binding delivery times nor obligations from the buyer towards third parties. Strikes, accidents and other causes that can obstruct production or supply, will be considered force majeur and allow delay of delivery or execution of the order. This can however not induce cancellation of the order or agreement, and can not result in a claim of any kind.
- The seller remains owner of the intellectual property rights of all projects it executes. Each transfer or execution of these projects can only occur upon written authorization by the seller. Industrial drawings, plans, technical descriptions etc delivered by the seller remain property of the seller and can under no circumstance be forwarded to third parties, nor multiplied or used I a way for which the seller has not granted written permission. If the buyer provides drawings and technical descriptions to the seller, the buyer will protect the seller from potential claims from third parties related to copyright and rights from patents, brands or models.
- The seller will not be obliged to execute the agreement is case of force majeur. No compensation can be claimed in this case. Force majeur is defined as any circumstance, out of the will of the seller – even if this was predictable at the moment of the agreement – that disturbs definitely or temporary the realization of the agreement, and additionally, if not already covered, war, danger of war, civil war, riot, strike, workman exclusion, blocked means of transport, fire and other serious troubles in the company of the seller or its suppliers.
- All invoices are payable cash at the location of the seller.When an invoice is unpaid at its date of expiration, the amount of the invoice will be increased, and without the need for a notice of default, by an interest rate of 12%/year and an indemnity of 20% of the amount mentioned on the invoice with a minimum of 125.00 euro. Until full payment of the invoice, the goods remain property of the seller even when the delivered goods have been processed. In this last case, the property right applies to the goods derived form the processed goods. When intermediate invoices remain unpaid, the seller can postpone the execution of the works or agreement until full payment or can terminate the agreement without being subject to any claim. In the above case, the buyer remains obliged to the full payment of the invoices at the agreed price, potentially increased by compensation.
- All claims and disagreements related to the execution of the agreement are subject to Belgian Law. Only the courts of Antwerp are authorized.