GENERAL CONDITIONS OF SALE
Unless expressly agreed otherwise in writing, the conditions of sale listed below apply to all our sales. The purchaser and any other person who receives our goods should be aware of these conditions within the scope of Article 3 below. These conditions always take precedence over purchasers’ conditions. The purchaser may only derogate from the seller’s general conditions with the seller’s express written agreement.
ART.1. Our products are delivered exclusively in standard packaging. The weights used as a basis for invoicing are those determined by us. A delay in the supply shall not give rise to any damages or interest or any other compensation payable by us.
ART.2. Recommendations concerning the techniques used are provided to the best of our knowledge and based on our research work and our experience, without the assumption of any liability. Similarly, any instructions and information on the compatibility and application of our products are provided without assuming any liability and require the seller to conduct their own tests and trials.
ART.3. Our goods are transported at the purchaser’s own risk, whatever the means and conditions of transport, even when dispatch costs are covered by the seller.
ART.4. In order to be acceptable, complaints must be made immediately in writing and at the latest within eight days from the receipt of the goods. After this deadline has lapsed, no complaints, whether for apparent or hidden defects, will be accepted. Our liability for damages resulting from the delivery of non-compliant goods or from an incorrect delivery is limited to the value of the purchase price of the used part of the goods for which the complaint was submitted. Any additional complaints, even for hidden defects, are formally excluded.
ART.5. Any case of force majeure, such as problems in the company, strikes, lockout, lack of raw materials, war, communication difficulties, legal or administrative provisions, automatically suspends our delivery obligation. These events entitle us to automatically terminate the contract in full or in part without the buyer having the right to claim compensation.
ART.6. Unless previously agreed otherwise, all our invoices are payable in cash as soon as they are received, net and without any discounts. Our prices are subject to change without notice. If an invoice has not been paid by the due date, all the collecting fees shall be borne by the purchaser. In addition, we reserve the right to automatically increase the total invoice amount by 10%, with a minimum of €50 in debt recovery charges. From the due date, interest calculated at the European Central Bank’s discount rate plus a further 3% will be owed automatically and without a formal demand being required. In case of any doubt concerning the purchaser’s solvency, we reserve the right to claim advance payments at any time or deposits for subsequent deliveries. If the purchaser’s payments are overdue, we have the right to suspend any deliveries without prejudice to any other rights.
ART.7. The material remains our property, even if the purchaser has modified it, as long as the purchaser has not met all their contractual obligations. The risks of the goods sold are the purchaser’s responsibility as soon as delivery takes place. In the event that our products are seized, the purchaser is under the obligation to inform us promptly. We have the right to demand that goods belonging to us are returned at any time. However, if we do not exercise this right, the sale will not be terminated unless expressly stated by us.
ART.8. Confidentiality clause: the purchaser commits never to disclose or pass on information or documentation concerning our products to third parties.
ART.9. All brands, names and images used to refer to or present the products sold are the seller’s exclusive property. In accordance with the laws governing our intellectual property rights, the reproduction and use of these elements or a part of them is strictly prohibited. The aforementioned trade names are trademarks.
ART.10. In the event of a dispute, the Nivelles court (Belgium) shall have sole jurisdiction. The creation of bills of exchange or other trade bills does not derogate from this sole jurisdiction.