Terms and Conditions
GENERAL SALES AND PAYMENT CONDITIONS
The general terms and conditions of sales and payment are an integral part of the agreement, with the exclusion of the customers own terms and conditions.
1. The goods and/or services are or were delivered as described on the order form and/or the invoice. In the absence of agreement between the order form and the invoice, the invoice takes precedence over the order form.
2. No commitment made by any employee of our company, representative or agent shall bind our company until our company has expressly accepted such commitment in writing.
Any amendment to the agreement between our company and the customer must, in order to be valid, have been the subject of express written acceptance by our company.
3. Provided delivery times are purely indicative and do not bind our Company. Our company undertakes to make every effort to deliver the goods and/or services within the planned delivery times, but delays in delivery can never constitute grounds for any claims by the customer against our company.
4. Our company is entitled to terminate the agreement with the customer as of right in case of force majeure. Force majeure is any accidental or sudden event that has occurred without the company's intervention and which makes it impossible for the company to fulfil its obligations under the agreement. Cases of force majeure include late delivery by a supplier, an epidemic among personnel, a strike, mobilisation, war, natural disasters, events preventing the normal operation of our company or its supplies, etc.
5. Complaints relating to delivered tangible and/or intangible merchandise, either goods and/or services, must be deposited in writing at the registered office of our company within eight days of delivery and/or installation, stating reasons. The eight-day period is an expiry period.
Complaints relating to hidden defects must be deposited in writing at the company's registered office within eight days of their discovery.
The burden of proof regarding compliance with the period within which the complaint must be lodged with our company lies with the customer.
If a complaint is justified, our company always has the right to make a choice between replacement, repair or return of the goods against a refund of the price.
6. Our prices are, material delivered carriage paid, net, exclusive of V.A.T. and/or any other taxes, duties, taxes and freight charges, calculated.
7. Our invoices are payable in cash, i.e. within 10 days of the invoice date by transferring the invoice amount to one of the financial accounts indicated on the front of the invoice.
8. If an invoice is not paid on the due date, interest will be payable ipso jure in accordance with Article 5 of the Belgian Late Payment in Commercial Transactions Act of 02/08/2002 in implementation of European Directive no. 2000/35 of 29/06/2000 on combating late payment in commercial transactions (Belgian Official Gazette 07/08/2002). The interest rate applied automatically is equal to the reference interest rate increased by 7 percentage points and rounded up to the higher half percentage point, but with a minimum of 10%. The reference interest rate is that applied by the European Central Bank to its main refinancing operations. The applicable statutory interest rate and any change thereto are communicated by the Belgian Minister of Finance via a notice in the Belgian Official Gazette.
8.1. In addition, if the invoice is not paid within fifteen days after the expiry of the due date, the customer will automatically owe an additional fixed compensation for extrajudicial collection costs caused by the non-payment without prior notice of default. This compensation is a graduated compensation, it amounts to 10% on the first tranche of € 25,000.00, 7.5% between € 25,001.00 and € 50,000.00 and 5% from € 50.001.00. This compensation does not affect the right of the company to claim compensation for the judicial recovery costs caused by the non-payment.
9. The company reserves the right to carry out deliveries and/or services against cash on delivery if invoices that are overdue at the expense of the customer are outstanding.
10. The company remains the owner of the delivered goods until full payment. The buyer undertakes not to alienate, lease, pledge or dispose of the delivered goods in any way before full payment. If the company wishes to make use of its retention of title, it does not have to file a legal claim and it is sufficient for it to contact the buyer, the liquidator or the trustee with the unambiguous statement that it wishes to exercise its right to reclaim. In the event of the exercise of its retention of title, the company has the right to recover the costs of recovery and any loss in value incurred by the goods since delivery. Where appropriate, the company also has the right to regard the default as a breach of contract and to claim compensation of 20% of the sale price on that basis.
11. The buyer has the right at all times to cancel the goods and/or services ordered by it, provided that it pays the company compensation for 20% of the sales price or the contract price, respectively, without prejudice to the company's right to case, under article 1794 of the Civil Code, to claim compensation for all its expenses, all its labor and all that it could have gained from the contract.
12. The parties expressly agree that all agreements between them are subject exclusively to Belgian law. The Courts in the judicial district of Ghent, Oudenaarde section are the only competent Courts to adjudicate in case of conflict between the parties.