General terms and conditions

1. By placing an order or giving an assignment, our customer explicitly accepts the following stipulated general terms and conditions. These general terms and conditions apply to all agreements with and by us. Terms and conditions differing from these shall only apply if expressly written by us. Actual deviating conduct, even repeatedly, shall not entitle the customer to rely on them and shall not constitute an acquired right on our part. Deviating provisions on the order forms of our customers are expressly acknowledged as not applicable. They a contrario acknowledge the present conditions as the rules governing the contract between ourselves and the customer.

2. Indications or prices in catalogues, folders, rates, etc. are to be regarded as information. The prices charged are always the prices of the day.

3. Orders placed by the customer and accepted by us must be collected within the agreed period. In the event of non-collection we shall be entitled to declare the sale/purchase fully or partially cancelled without prior notice to the detriment of the buyer, who shall in that case be liable to pay a fixed indemnity of 30% of the price of the goods, including VAT, or else to force the buyer to accept delivery.

4. Goods are always deemed to have been sold, delivered and accepted at our registered office. They shall therefore always travel at the expense and risk of the customer, irrespective of whether the shipment is carriage paid, fob or cif.

5. Delivery dates are always provided by us to the customer for information purposes. Delays in delivery do not constitute grounds for cancelling the purchase to our detriment or for compensation. In the event of force majeure, we shall be released from our delivery obligation without compensation.

6. OWNERSHIP RESERVATION The goods remain our property until full payment of the price. All risks are borne by the buyer. The paid advances remain acquired by us as compensation for possible losses on resale.

7. All complaints regarding the non-conformity of deliveries and invoices must reach us within eight days, counting from the delivery/shipment of the invoice. Complaints about quantities must be formulated at the time of delivery/acceptance. Any complaint made outside these deadlines shall be inadmissible. All complaints need to
be formulated in a registered letter. Complaints that are found to be justified shall oblige us to replace the non-conforming goods, without the customer being entitled to any compensation whatsoever. The processing or sale of goods implies that the client is deemed to have accepted the goods, even for hidden defects. Complaints on account of non-conformity after processing or sale are consequently inadmissible.

8. Invoices must be paid at our head office on the agreed due date. If no due date has been stipulated, our invoices are payable in cash within 8 days. Unless stipulated otherwise, our agents and representatives may not receive any payments. In the absence of payment by the due date, interest on arrears shall be payable, ipso jure and without notice of default being required, at the rate of 12% per annum on the principal sum including VAT, always with effect from the date of invoice.

9. The non-payment on the due date of a single invoice renders the balance due of all other invoices, even those not yet due, immediately payable ipso jure.

10. In the event of any breach of contract on the part of the customer, including non-payment (non-payment or non-timely payment), the customer shall be liable, ipso jure and without prior notice, to pay liquidated damages in the amount of 15% of the principal sum, including VAT, with a minimum of EUR 50.

11. If the customer fails to fulfil his obligations, the agreement may be dissolved by us ipso jure and without notice of default, without prejudice to our rights to all damages and interest. The expression of our will by means of a registered letter on our part shall suffice for this purpose.

12. In case of dispute, the courts of Bruges or, at our choice, the courts of the customer’s place of residence, are solely competent. In any case, in case of dispute, the customer will have to summon us before the courts of Bruges.