General conditions of sale
1. The following general conditions apply to all of our contracts. Any variance from or addition to these conditions must confirmed in writing by both parties. These conditions prevail on the possible conditions of the co-contractor, which are not binding.
2. Our price estimates should be considered as such and only bind us after a written confirmation (order confirmation). Comments about our confirmations have to reach us within eight days to be considered. A transportation cost of 10,00 EUR will be added for every order under 250,00 EUR excl. VAT, unless otherwise stipulated in writing.
3. In all circumstances and in contravention of article 1583 of the Belgian Code, the property of the sold goods shall not pass to the buyer unless and until the total invoice price has been paid. A possible bankruptcy of the buyer shall not damage the right of recovery of the goods which are held by the buyer. (art. 101 of the Bankruptcy Act).
4. The delivery or execution times provided by us are provided without obligation and are only communicated for your information. No matter the situation, the exceeding of these terms cannot be invoked as a reason for the dissolution of his order or for charge compensation. When we are not able to execute the delivery due to circumstances beyond our control, strike, lock-out, etc, we reserve our right to end these deliveries without having the right to claim any compensation.
5. In case of cancellation of order by the customer, the latter is bound to pay a fixed compensation amount of 20 % of the complete order’s value with a minimum of 250,00 EUR. We reserve our right to prove that the damage exceeds the aforementioned amount.
6. We reserve also our right to consider the agreement as dissolved automatically and without any prior notice in case of bankruptcy, apparently inability and also in case of every modification of the legal situation of the buyer.
7. We expressly exclude our liability for mistakes which result from dubious, incomplete and/or telephonic information. The buyer accepts that the material can variate in structure, surface and colour, which can cause possible consequences for the final result. Therefore we are not liable for colour differences of the materials.
8. The co-contractor has the obligation to verify the executed deliveries. Complaints concerning visual deficiencies must be submitted in writing and duly substantiated within 8 days after the receipt of the goods. Complaints concerning hidden deficiencies must be submitted by registered letter and duly substantiated within 8 days after the discovery of the deficiency. The delivery is definitive and no complaints will be accepted after this term. Complaints do not discharge the co-contractor from his obligation to pay the invoice, in order that the payment terms are respected.
9. Any complaint with respect to an invoice must be notified in writing within 8 days after the date of invoice. All invoices must be paid by the relevant due date, unless otherwise stipulated in writing. In case of late payment shall, automatically and without any prior notice, default interest be due at the rate of 12 % per year. In case of non-payment or incomplete payment of the debt, without serious cause, and in case of no response to a notice of default, the outstanding amount will be increased with a fee of 12 % with a minimum of 250,00 EUR and a maximum of 2.500,00 EUR, even if a delay period was grated. All recovery costs are not included in this fixed compensation. Non-payment at the due date of one single invoice will result in the immediately becoming due of all other pending invoices by operation of law, whether they are due or not.
10. In no case we are liable for damages of all kind arising from bad storage, handling by the buyer or abnormal usage of the goods. Without prejudice to the above, our liability for damage in any case is limited to the price of the contract, with exclusion of compensation.
11. If the buyer does not obtain one of his commitments, resulting from the present agreement, among others payment default, we reserve our right to consider the present agreement as dissolved automatically in disadvantage of the buyer and to stop further orders. For this purpose, it is sufficient to express our explicit wish by among others registered letter. This does not give right to any compensation for the buyer.
12. Only Belgian law applies to every dispute and only the courts of the judicial district of Gent, division Oudenaarde, are authorized to take note of the dispute.