General terms of sale
- The general terms of sale apply to all orders we have received and are considered to be accepted by the simple fact of the ordering. Deviating terms of purchase can only have binding effect if they have been accepted by us in writing,
- Only offers drawn by us are valid and only for a period of 3 months after the date of issue. Deviations are made by letter only. At all times, the prices can be increased if a major costelement ( wages- raw materialcost ) was increased with 10% or more
- All orders transmitted engage our customers: we are liable only after a written confirmation. Observations concerning our confirmations of order should be made on pain of estoppage, only by letter within a week after the date of confirmation
- Except if otherwise provided., our samples, drawings and other data give merely an approximation and variations can never be invoked by the purchaser in order to refuse payment to break the contract of to claim any indemnification
- The delivery time ends when the goods are placed at the purchasers disposal in our workshops. Except if otherwise provided in written, we only give an approximation of the delivery time which has no binding effect. Even in case of a binding time of delivery indemnifications due to delayed delivery can. only be used for provided they have been agreed upon beforehand and by letter In no case can the amount of the indemnification exceed ten per cent of the overall sale price. Even in case of a binding time of delivery subject to the condition of indemnification, we will be entitled in extraordinary circumstances, such as war, disorders, fire or any other destruction source, sickness or shortage of staff in general, strikes or lock-outs, activity disturbances of shortcomings of under-suppliers and so on to suspend deliveries or to waive the sales agreement without any right for the purchaser to claim any indemnification.
- Except if otherwise provided by letter. all deliveries are ex works. In case of free or FOB deliveries goods travel at purchaser's risks. Unless otherwise provided in written, purchased goods should be collected within two weeks alter they have been placed at the purchaser's disposal, If not, we will be entitled without summons, to make out the invoice for the sold goods and to claim their payment or to consider the sales agreement to be broken, All costs due to the first mentioned measure will be chargeable to the purchaser. In the second case, the purchaser will owe a lump sum totalizing thirty per cent of the sales amount.
- The purchaser can but become the owner of the delivered goods when he has paid all he owes to us for the delivery, including all costs, interests and penalties, if any. Consequently, all goods that have not completely been paid, cannot be at his disposal. More particularly their ownership cannot be transferred to third persons. We will be entitled to claim back all goods that have not been completely been paid on due date. All costs due to the first mentioned measure will be chargeable to the purchaser
- Apart from the payment conditions agreed upon, we will be entitled to request a bank guarantee at any moment. As long as this guarantee has not been given, we will have the right tot suspend all further deliveries. That right also holds true for cases when the purchaser had not met all payment claims for already delivered goods.
- Complaints relative to both quality and quantity should be made in writing within 24 hours after the arrival of our goods if it concerns transportdamage or within 2 working days after the delivery for all other complaints and should be precised and well-founded. In any case our liability is limited to the replacement of the defect goods within the normal period necessary for the production and the delivery of the replacement goods and we ‘re not liable for any other charge of any kind. In order to be admitted, all complaints should be made in written within the above mentioned delays. However our liability ends when the goods have not been used judiciously.When a complaint results to be well-founded, we will only be obliged to replace freely the delivered goods or parts thereof without owing any indemnification whatsoever. Delivered goods can be returned but with our previous agreement. Freight had to be prepaid by the Purchaser. In case of claims we’ve the right to stop all further deliveries without any liability or imndemnity for eventual losses. Complaints made by customers of a purchaser will not be accepted. Complaints can never justify deferred payment.
- Unless otherwise provided in written, payments of the invoices are made cash and net without any costs chargeable to us.
- All invoices which have not been paid on their due date will be increased without summons and with good right by an interest of 15 per cent. All invoices which have, without any plausible reason, partially or entirely, not been paid on their due date will automatically be increased by an indemnification of 12 per cent with a minimum of BEF 2000 and a maximum of BEF 60 000 without requiring any summons,
- The above mentioned provision does not prejudice our right, in default of payment and if we prefer so, to claim the cancelling of the sales agreement with indemnification. Each time a sales agreement is entirely or partially cancelled for any mistake or deficiency of the purchaser whatsoever he will owe us a lump and undivised indemnification totalizing thirty per cent of the amount of the cancelled agreement or part of it
- In case of orders made by order and for the account of third persons, the principal will be jointly and severally liable towards us. until fulfilment of all engagements.
- For all disputes, only the Court of our domicile is competent to the exclusion of all other legislation.