General conditions

Article 1: GENERAL
Unless other conditions are, expressly and in writing, accepted by us, all our sales contracts are subject exclusively to the general sales conditions set out on the back of this document.
They are inseparably attached to our offers and order confirmations.
Any reference by the buyer to their own purchasing, procurement, or other conditions are expressly rejected by the seller.

 

Article 2: OFFER - ACCEPTANCE
a) Any offer issued by the seller is entirely nonbinding. The order accepted by the representatives and/or agents only binds the seller when the seller has confirmed the order in writing.

 

Article 3: SUPPLY
a) The goods transport risks are borne by their destination, even when the transport costs have been paid. The seller reserves the right to deliver orders in instalments and to invoice those instalments individually, as well as to supply and invoice 10% more less than the order content. If the buyer does not, does not properly, or does not timely fulfil any obligations undertaken as part of the agreement with the seller, or if there is significant and reasonable doubt whether the buyer will be able to fulfil his contractual obligations toward the seller, the seller is entitled, without notice of default or legal intervention, either to suspend the performance of every agreement made with that buyer, or to terminate those agreements in part or in full, such without being liable to claims for damages and notwithstanding any other rights the seller may have.
If the seller wishes to exercise its right to terminate that desire shall be so expressed in the form of a notice to terminate, delivered by registered letter. The delivery time shall commence on the date that the order is accepted. If at that time not all information required for the performance of the order have been provided by the buyer, the delivery time shall not commence until all required information has been supplied. The delivery time is an approximate and is therefore nonbinding. Exceeding of the delivery time - for any reason whatsoever - does not entitle the buyer to compensation for damages, terminate the agreement, or non-fulfilment of any obligations that the buyer assumed under the agreement made with the seller.

 

Article 4: WARRANTY
a) The conformity of the goods is determined by the state of the goods at the time of risk-transfer. The buyer can only can only claim for any hidden defects that have become apparent within 6 months, to be counted from the date of receipt of the goods, and this on the condition that he has informed the seller accordingly by telex, telegram, or letter, within 8 days, to be counted from the date the defect was discovered. In such an event, the buyer will be entitled only to replacement of the goods supplied, excepting all claims for damages.
c) Unless explicitly otherwise agreed in writing, the seller does not guarantee any specific use or application. In the event of changes and repairs performed without written consent from the seller, the warranty is null and void.

 

Article 5: LIABILITY Without diminishing any of the above, the liability of the seller for any damages, which might be or are allegedly caused by the goods supplied, is limited to the price of those goods. Any indirect damage, including operational losses, installation costs, damage to persons or goods, is expressly excepted.

 

Article 6: PAYMENT All our invoices are payable to our office in Antwerp. Unless otherwise stipulated in writing, all our invoices are payable within 30 days of the date on the invoice. The invoices are payable without any deduction or settlement. Any amount that remains unpaid on the due date will, by law and without notice of default, be subject to interest, calculated based on the tariff applied on the date of the invoice by the Nationale Bank van België (National Bank of Belgium) for advances and current accounts on government bonds, increased by 2%. In the event of non-payment on the due date, the seller retains the right to raise the amount of the invoice concerned by 10%, with a minimum charge of 25.00 Euros. If the seller has serious indications that the buyer will be unable to make payment, or if the buyer does not provide the requested assurances, the seller is entitled to:
- cancel the supply of any goods not yet delivered
- for goods that have been shipped, to take any reasonable measures to prevent these goods from
coming into the possession of the buyer and to safeguard the seller’s rights for the future. Notwithstanding the risk borne by the buyer in relation to the goods, the seller retains title to the goods supplied until their price has been paid in full.
In the event of delivery in instalments, and if individual payments for those instalments were permitted, title to the goods remains with the seller until such time that the whole order has been paid in full. The non-payment on the due date of a single invoice makes the balance of all other invoices, including those not yet having come due, immediately and automatically claimable. The drawing and/or acceptance of bills of exchange or other negotiable documents does not constitute a roll-over of debt and does not constitute a deviation from the sales conditions.

 

Article 7: COMPLAINTS
Complaints about deficiencies, incorrect deliveries, and externally visible defects must be made by the buyer within 14 days of receipt of the goods. If this term is exceeded any possible liability on the part of the seller is voided.

 

Article 8: MODELS, TOOLS, STAMPS, AND MOUNDS
Models, tools, stamps, and moulds made specially for an order remain the property of the seller, even if their costs have been charged to the buyer. The seller is entitled to destroy any such items after a period of two years, without further notification to the buyer, if in that period no further order has been placed.

 

Article 9: AUTHORITY
Any dispute between the parties will be subject exclusively to the competence of the court of commerce of Antwerp and the Law of Belgium.
The costs of any procedures and the fees for our counsel shall be borne by the buyer, in the event of a judgement.

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