BELGIUM

Unless expressly agreed otherwise in writing, the following terms and conditions of sale shall apply to all our sales. They are deemed to be known by the buyer and any person who takes delivery of our goods, within the meaning of Article 3 below, and shall always prevail over those of the buyers. The seller’s general terms and conditions can only be waived with the seller’s express written consent.

ART.1. Our products are delivered exclusively in standard packaging. The weight used as a basis for invoicing is the weight recorded by us. A delay in delivery shall not give rise to any claim for damages or compensation on our part.

ART.2. Advice on applied techniques is given to the best of our knowledge and based on our research and experience, without any liability. Similarly, all indications and information on the compatibility and application of our products are provided without liability and require the purchaser’s own examination and testing.

ART.3. Our goods travel at the buyer’s risk, whatever the means and conditions of transport, even in the case of “carriage paid” shipments.

ART.4. In order to be valid, any claims must be made immediately in writing and no later than eight days after receipt of the goods. At the end of this term, no further claims, either for visible or hidden defects, will be accepted. Our liability for damages resulting from the delivery of non-conforming or incorrect goods is limited in value to the purchase price of the used part of the goods in dispute. Any further claims, even for hidden defects, are expressly excluded.

ART.5. All cases of force majeure such as operational disruptions, strikes, lockouts, lack of raw materials, war, communication difficulties, legal or administrative provisions, shall automatically suspend our obligation to deliver. Such events entitle us to terminate the contract in whole or in part, by operation of law, without the buyer being entitled to claim compensation.

ART.6. Unless otherwise agreed in advance, all our invoices are payable in full upon receipt, net and without deduction of any discounts. Our prices are subject to change without notice. If an invoice is not paid by the due date, any collection costs shall be borne by the buyer. In addition, we reserve the right to automatically increase the invoice amount by 10% with a minimum of €50 as a lump sum compensation. From the due date, interest shall be payable, by operation of law and without the need for formal notice, calculated at the discount rate of the European Central Bank plus 3%. In case of doubt regarding the creditworthiness of the buyer, we reserve the right to demand advance payments or guarantees for subsequent deliveries at any time. If the buyer is in arrears, we shall be entitled to suspend all deliveries without prejudice to any other rights.

ART.7. The goods shall remain our property, even in the event of modification by the buyer, as long as the buyer has not fulfilled all contractual obligations. All risks associated with the goods sold shall be transferred to the buyer upon delivery. In the event that our products are seized, the buyer is obliged to notify us without delay. We are entitled to demand the return of goods belonging to us at any time. However, if we make use of this right, the sale will only be cancelled if we expressly declare it so.

ART.8. Confidentiality clause: the buyer undertakes never to disclose or pass on information and documentation about our products to third parties.

ART.9. All brands, names, and visuals used to designate or present the goods sold are the exclusive property of the seller. In accordance with the laws governing our intellectual property rights, the reproduction and representation of these or any part of the elements is strictly forbidden. The trade names mentioned are registered trademarks.

ART.10. In the event of a dispute, the court of Nivelles (Belgium) shall have exclusive jurisdiction. The creation of bills of exchange or other negotiable instruments shall not derogate from this exclusive jurisdiction.

FRANCE

ART. 1. Our products are delivered exclusively in standard packaging. The weight used as a basis for invoicing is the weight recorded by us. A delay in delivery shall not give rise to any claim for damages or compensation on our part.

ART. 2. Advice on applied techniques is given to the best of our knowledge and based on our research and experience, without any liability. Similarly, all indications and information on the compatibility and application of our products are provided without liability and require the purchaser’s own examination and testing.

ART. 3. Our goods travel at the buyer’s risk, whatever the means and conditions of transport, even in the case of carriage paid shipments.

ART. 4. In order to be valid, any claims must be made immediately in writing and no later than eight days after receipt of the goods. At the end of this term, no further claims, either for visible or hidden defects, will be accepted. Our liability for damages resulting from the delivery of non-conforming or incorrect goods is limited in value to the purchase price of the used part of the goods in dispute. Any further claims, even for hidden defects, are expressly excluded.

ART. 5. All cases of force majeure such as operational disruptions, strikes, lockouts, lack of raw materials, war, communication difficulties, legal or administrative provisions, shall automatically suspend our obligation to deliver. S Such events entitle us to terminate the contract in whole or in part, by operation of law, without the buyer being entitled to claim compensation.

ART. 6. Unless otherwise agreed in advance, all our invoices are payable in full upon receipt, net and without deduction of any discounts. Our prices are subject to change without notice. If an invoice is not paid by the due date, any collection costs shall be borne by the buyer. In addition, we reserve the right to automatically increase the invoice amount by 10% with a minimum of €50 as a lump sum compensation. From the due date, interest shall be payable, by operation of law and without the need for formal notice, calculated at the discount rate of the European Central Bank plus 3%. In case of doubt regarding the creditworthiness of the buyer, we reserve the right to demand advance payments or guarantees for subsequent deliveries at any time. If the buyer is in arrears, we shall be entitled to suspend all deliveries without prejudice to any other rights.

ART. 7. The goods shall remain our property, even in the event of modification by the buyer, as long as the buyer has not fulfilled all contractual obligations. All risks associated with the goods sold shall be transferred to the buyer upon delivery. In the event that our products are seized, the buyer is obliged to notify us without delay. We are entitled to demand the return of goods belonging to us at any time. However, if we make use of this right, the sale will only be cancelled if we expressly declare it so.

ART. 8. Confidentiality clause: the buyer undertakes never to disclose or pass on information and documentation about our products to third parties.

ART. 9. All brands, names, and visuals used to designate or present the goods sold are the exclusive property of the seller. In accordance with the laws governing our intellectual property rights, the reproduction and representation of these or any part of the elements is strictly forbidden. The trade names mentioned are registered trademarks.

ART. 10. In the event of a dispute, the court of Lille (France) shall have exclusive jurisdiction. The creation of bills of exchange or other negotiable instruments shall not derogate from this exclusive jurisdiction.

GD LUXEMBOURG