General Sales Conditions
1. Application: The general conditions of sale apply to all quotations and deliveries made by the seller to the buyer with the exeption of those changes which have been expressly agreed to in writing by both parties.
2. Buying conditions: In case the buyer’s purchasing conditions conflict with the general conditions of sale, the conditiions of sale will apply.
3. Agreements: All agreements and promises, whether or not in conflict with the general conditions of sale, made by seller’s representative or staff will only be valid if expressly agreed upon in writing. In case orders cannot be delivered entirely, the remaining part will be noticed for subsequent deliverty. Subsequent deliveries are always sent with the next shipment. By the simple act of giving an order to seller, the buyer accepts that these conditions of sale are applicable.
4. Offers: Pictures, sizes, weights, etc... which seller mentions in catalogues or elsewhere, are not binding in any way and exclusively meant to give an idea of the offered article. Deviations in whatever form, do not give buyer the right to refuse the goods, to withhold payment, or to claim indemnity. Submission of catalogues and/or pricelists do not force seller to deliver and they remain his property
5. Delivery: Seller is never committed to any offer or agreed item of delivery and reserves the right of sale between times. Although the agreed times of delivery will be observed as much as possible, any liability of the seller due to non-delivery or delayed delivery is excluded. A delivery later than the agreed time of delivery does not annil the buyers’s obligations, unless the buyer has annilled the order in writing for that reason. Seller always keeps the right to deliver ordered goods - without giving any explanation - cash on delivery or ast for payment for the shipment. The costs thus incurred are at buyer’s charge.
6. Force majeur: Circumstances beyond his control, arising from whatever cause, relieve the seller of the obligations of delivery.
7. Claims : Claims must bemade within 5 days after receipt of the goods. Claims do not discharge the buyer of the obligation to pay within the period stated in the conditions of sale. If it appears that a claim is founded, the seller shall make this known to the buyer for an amount not exceeding the invoice value without being bound to pay any other damages. Goods may only be returned with the seller’s express permission.
8. Defaults: Seller is in no way held responsible for visible or invisible defaults of the goods he delivered, nor for the damage hereby caused to materials or persons.
9. Garantuee: Only goods, which at normal use show manufacturing faults or for which a written claim has been sent to seller within 5 days after receipt, will be taken back under guarantee.
10. Price increase: If one or more of the factors upon which the cost-price was based undergoes an increase - even if this occurs because of foreseeable circumstances - the seller has the right to increase the agreed price accordingly.
11. Risk: The goods are at the buyer’s risk from the moment they leave the seller. Delivery of orders : carriage paid.
12. Property: Delivered goods remain the sole and unalienable property of the seller till all demands have completely been met. In case of late payment all delivered goods will instantly be claimed by the seller without prior summons and/or notification.
13. Interest: Payments must be made according to the indicated conditions of payment. Payment after the due date implicates that an interest of 1,5% per month will be charged, calculated from the invoice date of the outstanding amount. If the buyer remains in default of payment, the seller has no obligation to make further deliveries and can demand the undoing of the agreement as well as payment of damages.
14. Compensation: The buyer does not have the right to settle any claim the buyer has on the seller or his successors, with claims pertaining to deliveries made under the conditions of sale, the seller has on the buyer.
15. Damages: The buyer who has on the due date not fulfilled his obligation to pay, expressly undertakes to pay the seller or his successors, in excess of the prinicipal sum, the interest and possible legal costs, damages of 15% of the invoice amount with a minimum of 1.500 BF.
16. Annulation: If a buyer annuls an order, the buyer shall pay damages to the seller amounting to 25 % of the annuled order, without any obligations on the part of the seller to bring proof of damages.
17. Return: Goods will only be taken back after agreement in writing between buyer and seller. All goods, which return, or are sent back for repair, have to be sent carriage paid.
18. Repayability: Non-payment of one single invoice permits the seller to legally and instantly claim the remaining debt, including the undue invoices.
19. Express defeasance clause: If the buyer omits to fulfill his obligations, the sale will be legally ended without prior summons and/or notification. The action of the will of seller by registered mail wil be sufficient hereto.
20. Court: In the event of any dispute, the Courts in the court district of Antwerp alone shall have jurisdiction. If the dispute falls within the judicial competence of the justice of the Peace, the Justice of the Peace in the sevent district of Antwerp alone shall have jurisdiction. The laws of Belgium shall be applicable.
21. Currency: The invoice is to be paid iin the currency stipulated on the invoice.