1. GENERAL CONDITIONS
All sales are subject to the following terms and conditions of sale. These are deemed to have been accepted by the customers, even if these should conflict with their own general and/or specific terms and conditions of purchase. Such latter terms and conditions are not binding to our companies, unless we explicitly have accepted these. The fact that we have not specifically rejected such terms and conditions may never be interpreted as an automatic agreement.
All quotations are offered on a non-binding basis. Our prices were determined on the basis of delivery to our warehouses or work sites at the agreed date. Any increases in taxes, levies, excise and other duties, wages and commodities prices that become effective after receipt of the quotation or closing the agreement, and apply to the goods offered or sold, are at the buyer’s risk and expense.
3. TERMS OF DELIVERY
Our Terms of Delivery are based on good faith. This means that we are unable to accept any terms and conditions pursuant to which compensation for damage should be paid due to delays in the execution of an order. Partial deliveries may be performed. Excepting for special agreements, the start date of the delivery period falls upon receipt of the official order, i.e. from the date on which we received all details relating to terms and conditions of performance.
The goods - even those delivered free of shipping charges or using our own services, will be carried at the addressee’s risk and responsibility.
5. COMPLAINTS AND GUARANTEE
Each complaint must be received by us in writing within eight days of delivery. After this date, no complaints may be accepted. In order to verify the correctness of the claim, any document or parts found in error must be delivered to our warehouses free of charge.
The following faults or errors do not fall within the scope of our guarantee: faults or errors that arose due to any external incidents, such as poor or incorrect maintenance, overburden, incorrect assembly and other causes outside our control. Under no circumstances can we be held liable for any form of consequential damages.
6. PROVISO OF PROPERTY
The goods will remain our property until the moment of full payment.
Our invoices must be paid in Ghent. Excepting any other provisions that we may issue, all invoices must be paid in cash. We reserve the right of suspending all orders in process, lawfully and without any prior notice, upon non-payment of an invoice before the due date. In the event of overdue payments, the amount due, fully lawfully and without any prior notice, will be increased by 1% in monthly interests, effective as from the due date. Each invoiced amount left unpaid on the due date will entitle us, lawfully and without any prior notice, to a conventionally determined compensation for losses amounting to 10% of the invoiced amount, subject to a minimum of € 50.00; such without prejudice to our right to recover the actual losses sustained, including but not limited to legal expenses, counsellor fees, administrative fees etc.
In the event of specific products, customisation of the ordered product, the customer accepts having to pay an advance in accordance with an amount as set out in the quotation. Payment of this amount will also be accepted by the customers as a minimum fee for conventional compensation for losses.
Any disputes will be submitted to the District Court of Ghent, Belgium.