General terms and conditions
1. The general terms and conditions mentioned below, as well as any particular terms, are assumed to be accepted by the buyer, even if such general terms and conditions or particular terms conflict with the general or particular terms and conditions from the buyer.
2. Despite contractual derogation, our deadlines for delivery and performance are given as mere guidelines and are not legally binding. Delays in delivery and/or performance – for whatever cause – do not give rise to an obligation to indemnify the buyer, nor does it entitle the buyer to cancel or legally cancel the agreement.
3. When it is impossible for us to perform the agreement as a result of force majeure (strike, lock-out, revolt, war, epidemic, shortage of transport or man labour, problems of supply), we have the right to suspend the performance of the agreement as well as the right to terminate the agreement.
4. Each delay in delivery, due to the buyer, grants us the right, either to suspend the performance of the agreement, or to invoice the goods sold and to hold those goods at the disposal of the buyer at our warehouse.
5. All offers based on the level of wages and the cost of materials, as applicable on the moment the offers are made, it being understood that we are entitled to alter the prices agreed upon proportionally, in the event of possible increases of the level of wages and the cost of materials. In addition, each offer is undividable and replaces all previous ones.
6. All prices given are exclusive of VAT and ex-works.
7. Save contractual derogation, goods are shipped on the buyer’s risk, on its behalf and for its account. All costs related to shipping, including possible taxes, are borne by the buyer.
8. In order to be valid, complaints have to reach us in writing and complaints should be received within 8 days as of the invoice date or the delivery date.
9. Our acceptance of the cancellation of an order by the buyer is evidenced by a written confirmation from our side.
10. Terms of payment:
– our invoices are payable in cash
– save contractual derogation, all our invoices are payable at our statutory office as published in the Annexes of the Belgian State Gazette. This modality is not altered by the emission of bills of exchange, nor by us giving receipt.
– non—payment on the date of maturity, triggers an interest of 12% per year, due by law and without any formal notice. In addition, a 10% increase will be applied on all amounts outstanding by way of contract indemnification
– non-payment on the date of maturity grants us the right to suspend all pending orders without notification and to take back all goods delivered for which the buyer grants his irrevocable authorisation, excluding the necessity for us to obtain a judgement in that respect.
– as long as the delivered goods are not fully paid for, they remain our property, however the risk for the goods is with the buyer.
– an incomplete delivery does not justify a refusal to pay for the goods already delivered
– in the event of disputes, only the courts of Antwerp are competent – the agreement is governed by Belgian law