Suivez-nous :
Article 1 - General Provisions
The provisions in our general terms and conditions are an integral part of all our commercial transactions, regardless of any subsidiary or contradictory clauses communicated by our contracting parties, unless we provide explicit written acceptance. By receiving this document, the contracting party acknowledges having read all conditions and unreservedly agreeing to them, even if they contradict its own purchase conditions, unless a written objection is submitted within 5 business days from the first communication of these conditions. The invalidity of a clause, in whole or in part, does not invalidate the other general conditions.
EcoDDS Unique Identifier: FR207624_07MAVL
Article 2 - Contracts
All our proposals, catalogs, brochures, price lists, technical data sheets, samples, measurements, and various information provided to the client do not constitute offers and are made without any commitment on our part. An agreement is only concluded with us and comes into effect after we have expressly accepted or confirmed an order in writing.
Article 3 - Prices
All our offers and prices are calculated at the daily rates applied by our own suppliers and at current foreign currency exchange rates. We reserve the right to adjust sales prices in the event of an increase in prices applied by our suppliers, currency fluctuations, tax rate increases, as well as in case of non-compliance with the contract for the repurchase of committed quantities.
Article 4 - Deliveries
The indicated delivery times are approximate only and without guarantee of delivery on a fixed date. The expiration of this period does not cancel the contract in favor of the buyer, and no penalty or damages for delay may be imposed on us. If, due to unforeseen circumstances, we are prevented from fulfilling our commitments, we have the choice to suspend the execution of the contract for as long as these circumstances persist or to terminate the agreement by simple written communication to the client and without payment of compensation. Defects in machinery and equipment, strikes, and lack of transport material at our premises or with our suppliers will always be considered cases of force majeure.
Article 5 - Inspection - Warranty
The buyer agrees to inspect the goods immediately upon delivery. Any damage due to transport and/or any shortage during transport must be immediately reported on the bill of lading upon signing for receipt; any invisible damage due to transport must be reported in writing within 24 hours after receipt. Complaints regarding damage or loss due to transport will not be considered thereafter. Other invisible damage / hidden defects upon delivery can only lead to replacement if they are detected within a reasonable time and reported within 8 days after their discovery. The seller’s warranty is limited exclusively to the replacement of products recognized as defective, excluding any other indemnity or compensation. Products we present for specific work are to be tested at the user’s responsibility. The final result depends on imponderable factors. Our advice, based on long experience, is provided for informational purposes. We have no influence on the actual practical application of the product by the user and can in no way be considered the contractor for the work to be performed. In all cases, our liability is limited to the value of the products delivered or used. They do not engage our responsibility and cannot be subject to legal proceedings.
Article 6 - Transfer of Ownership
The goods remain our property, regardless of their delivery, until full payment of invoices, including costs and interest. Should the goods have been resold by the buyer and partially or fully delivered before payment of the amounts due to us has occurred, we retain our rights to the proceeds of the sales or to the claim resulting from these sales; this is without prejudice to our right to have the resale canceled or to consider it unenforceable. The transport of goods is always at the buyer’s risk and peril and without liability for our company, even in the case of free delivery. We assume no responsibility for loss, theft, damage, and others, which may occur for any reason whatsoever during transport. Insurance against transport risks will only be contracted at the client’s written request and expense.
Article 7 - Payment
Unless otherwise stated, invoices are payable in Nivelles. The invoice amount must be paid net. Discount and bank charges are the responsibility of the buyer. A discount for immediate payment can only be settled if it is the express subject of a prior agreement. In case of non-payment on the fixed due date, an annual interest of 8.5% will be claimed by right and without formal notice, until full payment. In case of total or partial non-payment of the invoice, in whole or in part, on the due date, without valid reason, the outstanding balance will be increased by 8.5% after an unsuccessful formal notice by means of a lump-sum compensation with a minimum of 150 Euro and a maximum of 1860 Euro, even after acceptance of a grace period. Non-payment on the due date of a single invoice automatically renders the outstanding balance of all other invoices immediately due, even if not yet due, without prior formal notice, as of the invoice’s due date. The drawing and/or acceptance of bills of exchange or other negotiable documents does not imply novation and does not constitute a derogation from the sales conditions. All collection and claim costs related to an accepted or refused bill of exchange are the responsibility of the buyer. Any dispute regarding an invoice must be submitted within 8 days after receipt.
The shipping date or the date the goods are made available to the buyer sets the starting point for payment deadlines. If the seller’s confidence regarding the buyer’s solvency is challenged by judicial enforcement actions against the buyer and/or other demonstrable events likely to question and/or eliminate confidence in the correct fulfillment of the buyer’s contractual obligations, the seller reserves the right to demand appropriate guarantees from the buyer. If the buyer refuses to consent, the seller reserves the right to cancel the order in its entirety or a part thereof, even if the goods have already been shipped in whole or in part. In such a case, a lump sum will be due as compensation as mentioned in Art. 8.
Article 8 - Cancellation
In all cases where the agreement is canceled by order or at the expense of the client, the client undertakes to pay us a lump sum corresponding to 20% of the agreed price, as compensation for loss of profit, unless greater damage is proven. Should the sold goods already be in production, we are entitled to full compensation. Nevertheless, we will always have the right either to demand termination with compensation or forced execution.
Article 9 - Settlement of Debts
The courts of the judicial district of Nivelles have sole jurisdiction for any dispute. The parties expressly agree that in case of any dispute concerning this agreement, only Belgian law applies. All costs related to legal collection, including fees, are the responsibility of the buyer.