General conditions of sale
1. Acceptance of the invoice implies formal acceptance of the General Conditions, with which the buyer acknowledges being acquainted. The purchase arises the moment that the order is accepted by The Seller, either expressly, or implicitly. No accepted order may be cancelled by The Purchaser without the approval of The Seller, and without payment of compensation.
2. Invoices are payable within thirty days of the invoice date. Failure to pay one of the invoices on the due date renders all claims against The Purchaser immediately due, and The Seller may choose either to suspend, or one-sidedly, completely or partly cancel the execution of orders being processed. The latter agrees, at any time, and at the request of The Seller, to draw up an inventory of the goods not paid for in his possession.
3. In the event of failure to pay on the due date, lawfully and without any notice of default, interest of 10% is owed for the delay, from the invoice date, on the outstanding sums. In addition, in this case, a fixed sum of compensation of 10% of the outstanding amounts is due.
4. The Seller may unilaterally cancel the sale, or suspend delivery, without this giving rise to any claim for damages on the part of The Purchaser, in the event of force majeure. Force majeure is considered to be all circumstances, and which cannot reasonably be foreseen by him, and which are not attributable to him, which hinder the regular arrival of raw materials, or the normal manufacture of products, in particular: war, riot, transportation failure, strike and lock-out.
5. The goods remain the property of The Seller until payment in full of the principle sum, interests and costs of the relevant invoice. The Purchaser is not permitted to remove them until they are paid for in full.
6. Unless expressly agreed otherwise, delivery dates are not binding, only indicative. The Seller does not guarantee the means of transportation, or the periods within which transportation is executed.
7. The Seller guarantees the quality and quantity of the products on their departure from the factories and storage places. Except if expressly agreed otherwise, goods travel at the risk and peril of the Purchaser even when the transportation costs are for the account of The Seller. In order to be admissible, complaints about visible flaws or lack of conformity must be reported to us immediately, and confirmed in writing within a week of receipt of the goods. In addition, The Purchaser must take all steps to render a mutually agreed survey possible, and must place the goods at the disposal of The Seller to this end. Whatever the cause of the complaint may be, restitution is, according to The Seller’s choice, limited to the replacement free of charge, or the return of the price of the faulty or non–conforming goods, and excludes any claim for damages. As all colours may alter over the course of time, no guarantee is given against changes in colour.
8. Each delivery is invoiced at the price applicable on the day of the order.
9. The prices mentioned on the price list do not include V.A.T.
10. The first order, regardless of its scale, and every order under 250.00 EURO net, must be paid cash on delivery.
11. Belgian Law applies exclusively for purchases and sales. The Courts of Turnhout are exclusively competent for all disputes relating to the agreement.