GENERAL TERMS OF SALE
The general terms of sale are suitable except for the cases explicitely accepted in written by the seller. If our sales conditions are contrary to the purchase conditions, only our sale conditions will be suitbable.
Our catalogues, price-lists and publicity material are only considered as indication. In no case they can impose any obligation or guarantee to the buyer. A delay in the delivery may not in any case lead to cancellation of the order. The goods are dispatched ex-works, at the own risk of the consignee. The mentioned prices are net prices, invoiced at the prices suitable on the day of delivery. All taxes, duties and V.A.T. levied in Belgium or abroad, are on charge of the customer.
In order to be valid any complaint must be made in writing to our firm, at the latest 8 days which follow the receipt of the goods. In case of professional use the guarantee covers the rectification of the defective goods free of charge, with excluding of all other direct or indirect damage.
In order to commit our firm every order must be confirmed in our offices. In the absence of any express written provision to the contrary, all invoices are payable at Diksmuide, at 30 days of date of invoice.
An interest of 1% a month will be due in justic and without any dun far any invoice unpaid on the due date. Any amount unpaid on the due date shall, automatically and without prior notice, attract intrest at a rate of 2% above that applied on the invoice date by the Belgian National Bank for current account advances against government securities.
In case of non-payment of the invoice thirty days after the due date, the buyer will be due to the seller as indemnification, an amount of 15% of the original amount of the invoice, in the target from 1 Euro till 12.500 Euro, more an amount of 10% of the original amount of the invoice, in the target from 12.501 Euro 25.000, more an amount of 7.5% of the original amount of the invoice, in the target from 25.001 Euro and above, without increasing a total indemnification of 12.500 Euro. Should an invoice remain unpaid on the due date, all invoices shall immediately become due for payment, regardless of their original dat of maturity. Should the buyer fail to honour his engagements, the seller may consider the contract cancelled and a letter sent by recorded delivery by the seller to the buyer shall be evidence of the seller’s exercise of his right. Such action shall not in any way limit or prejudice the seller’s other rigths.
If in the opinion of the seller there is a deterioration in the creditworthiness of the buyer, the seller reserves the right to ask the buyer to provide such guarantees as the seller may deem proper to ensure the full performance by the buyer of his engagements under the contract. Such request may be made before or after delivery of all or part of any order. Should the buyer fail to meet any reasonable demand for such a guarantee, the seller shall have the right to cancel all or part of any contracts in operation.
The goods sold shall remain the property of the seller until full payment had been received by him. Nevertheless, the buyer shall be entitled to sell these goods to a third party within the normal course of his business and to deliver them provided that (if the seller so requires) the buyer shall, as long as he has not fully discharged his debt to the seller, hand over the seller the claims that he has against the third party and which emanate from this transaction. The proceeds of the sale should be credited to a separate account.
The buyer shall also be entitled to transform these goods or to incorporate them in a new product or products. In that case the seller reserves to himself the legal and equitable title to the final product or products into which the sold goods are incorporated or mixed. The buyer shall store the final products separately and property of these products shall remain with the seller untill full payment will have been made to the seller for the goods sold to the buyer. All risks are on the buyer’s account.
The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill of exchange or by any other arrangement, nor shall any such act constitute a novation. In case of non-payment of a bill of exchange, the whole amount will be requirable again. All costs correspondence and collection, also those of non-accepted bills of exchange, are in charge of the buyer. Disputes arising out of this contract shall be referred to the commercial Court of Torhout or of Diksmuide, the Commercial Court of Oostende or Veurne or the Court of First instance of Brugge or Veurne, or, at the seller’s discretion, to the Courts having jurisdiction at the buyer’s domicile.