1. Competence
The contract is subject to the Belgian Law. These general conditions are also drawn up in French and Dutch. The Dutch text shall always override in case of dispute.
In case of one article being contrary to the law, only this article will be considered as void.
2. Application
Except for explicit, exceptional and written agreement, the following conditions of sale are valid. They are supposed to be known by the contracting parties and they prevail against those of the buyers.
3. Delivery time
The terms of delivery are always approximate, they are observed as much as possible, but they are never binding to the seller.
A delay in delivery can in no case give cause for damages or interests due by the seller.
4. Place of delivery - transportation
The goods shall be received and accepted at the seller's warehouse. They are always dispatched at the buyer's risk, even in case of carriage paid. Once the receipt is signed by the buyer for acceptance and approval, the buyer has no more means to recover from the seller, even in case of a delivery not in accordance with the order.
5. Complaints
All complaints and contestations shall be made in writing to be admissible : for complaints concerning quantity and damage immediately after receipt of the goods; in all other cases within 7 days after delivery and in all cases before the use or resale of the goods.
A complaint does not postpone the obligation to pay. If a complaint is found justified, the seller has the right to allow a reasonable price reduction, to take back the delivery or to arrange for another delivery at his own expense. Return of the goods may only take place following the written approval of the seller. The seller will never be bound to compensate more than the invoice-value of the goods in question.
6. Payment
All invoices are payable at the house of the seller, cash, nett and without discount, unless otherwise agreed on and confirmed in writing. When not provided with a special written authorization signed by a delegate of the firm, the seller's agents and representatives do not have the authority to bind the firm nor to give acquittal or exemption in her name.
In case of non-payment of an invoice, cheque or a bill of exchange on the appointed due date, an interest of 10% will be applied. At the same time, immediate payment of all amounts, expired or not, that the buyer is due by whatever reason, will be claimed.
Every delay in payment gives the seller in his official capacity, the full right to declare each current sale, also those of which the goods are not yet delivered, to be disbanded or postponed and he retains the right to take back the goods that were already delivered or that were in dispatch.
On the due date the buyer is in default by law without reminder by application of art. 1139 BWB. In case of complete or partial non-payment of the amount due on the expiry date, without serious reasons and after serving notice upon the buyer, the amount due shall be increased by 12% with a minimum 25€.
7. Damage and rescission
The seller can cancel the agreement in case of non-observance of the agreement by the buyer. In case the contract is cancelled by the buyer, the seller can claim damages equal to 20% of the contract's worth, under reserve of increase if the losses are higher.
When, due to force majeure the seller is in the impossibility to carry out the agreement, he retains the right to cancel the agreement without the buyer having the right to claim compensation.
The seller retains the right to consider the agreement as disbanded by law without serving notice upon the buyer, in case of bankruptcy, insolvency or whatever change in the legal state of the buyer.
8. Property provisions
The goods sold remain the property of the seller until full payment of the invoice.
In case of non-payment the seller retains the right to take back the goods delivered without any mediation of a Court.
All risks to which the goods are exposed shall pass to the buyer upon delivery.