GENERAL TERMS AND CONDITIONS OF SALE
1. Applicability
The general terms and conditions of sale apply to all offers and deliveries from the seller to the buyer, unless changes are expressly agreed upon in writing by both parties. By placing an order, signing a quotation, or accepting a delivery, the buyer expressly declares to have taken note of these general conditions and agrees to them, even if they are not confirmed in writing again.
2. Purchase Conditions
In the event that the buyer's purchase conditions conflict with the General Terms and Conditions of Sale, only the latter conditions shall apply. Deviating conditions from the buyer are only valid if they have been expressly accepted in writing by the seller in advance.
3. Agreements
Agreements and commitments, whether or not deviating from these terms of sale, made by representatives or staff of the seller, are only effective against the latter if he has expressly confirmed them in writing. If orders cannot be fully delivered, the remaining part will be noted for subsequent delivery. By simply placing an order with the seller, the buyer accepts the applicability of these General Terms and Conditions of Sale. Each partial delivery is considered a separate delivery and can be invoiced separately.
4. Quotation
Images, measurements, and weight specifications, etc., provided by the seller in catalogues or otherwise, are not binding on him and are solely intended to give an impression of the offered item. Deviations in any form do not give the buyer the right to refuse the goods, withhold payment, or claim damages. The sending of catalogues and/or price lists does not obligate the seller to deliver and remains his property. Offers from the seller are always non-binding and only become binding after written order confirmation. Prices in offers are subject to changes in raw material prices, transport costs, wages, energy prices, and other external cost factors.
5. Delivery Times
All offers and delivery times are entirely non-binding and subject to prior sale. Although the agreed delivery times will be observed as much as possible, any liability of the seller for non-delivery or delayed delivery is excluded. Exceeding the delivery time does not relieve the buyer of his obligations, unless the order has been cancelled in writing by the buyer due to exceeding the delivery time.
The seller reserves the right to deliver ordered goods cash on delivery without stating reasons or to require payment before dispatch. The collection costs incurred as a result are the responsibility of the buyer.
Transport and packaging costs are, unless otherwise agreed in writing, the responsibility of the buyer. Any transport damage must be reported by the buyer immediately and on the transport document, failing which complaints will no longer be considered.
6. Force Majeure
Force majeure, however arising, relieves the seller of any obligation to deliver.
Force majeure includes, among other things: natural disasters, pandemics, war, fires, strikes, disruptions by suppliers or carriers, energy shortages, government measures, and any other event beyond the reasonable control of the seller.
7. Complaints
Complaints must be submitted no later than five days after receipt of the delivered goods.
Complaints do not relieve the buyer of their payment obligations.
If the complaints are found to be justified, the seller has the right to take back the complained goods and replace them with similar goods, or to credit the buyer up to the invoice amount.
Returns may only be made with the seller's consent.
8. Defects
The seller is in no case liable for visible or invisible defects in the goods supplied by him, nor for any material or bodily damage resulting therefrom.
The seller is not liable for damage resulting from incorrect use, improper installation, lack of maintenance, or modifications made by the buyer or third parties. Indirect damage (such as loss of profit, loss of turnover, administrative costs, consequential damage, etc.) is always excluded.
9. Warranty
Only goods that show manufacturing defects under normal use and for which a written complaint was addressed to the seller within five days of receipt will be accepted under warranty.
10. Price Increase
If one or more cost price factors increase after the date of an offer, the seller has the right to increase the agreed price accordingly.
Price adjustments may arise from changes in raw materials, transport, energy prices, exchange rates, taxes or levies.
11. Risk
The goods travel at the risk of the seller.
12. Retention of title
The delivered goods remain the property of the seller until full payment of all claims has been made.
In the event of late payment, the goods may be immediately reclaimed by the seller without notice or default.
The buyer may not alienate, pledge or encumber the goods in any way as long as full payment has not been made.
13. Interest
Payments must be made according to the specified payment conditions.
After the due date, an interest rate of 1.5% per month applies, by operation of law and without notice of default.
In the event of default, the seller is not obliged to make further deliveries and may terminate the agreement and claim damages.
Collection costs and return costs of receipts and bills are the responsibility of the buyer.
14. Compensation
The buyer is not authorized to apply set-off against the seller or their successors.
15. Damage clause
In the event of late payment, the buyer agrees to pay compensation equal to 15% of the invoice amount with a minimum of 37.18 euros, due by operation of law and without notice of default.
16. Cancellation
In the event of cancellation of an order by the buyer, they owe the seller a compensation of 25% of the cancelled order, without the seller being obliged to demonstrate any damage.
17. Returns
Goods will only be accepted for return after written agreement. Goods sent back or for repair must be sent carriage paid.
18. Due Date
Non-payment on the due date of one invoice makes the balance of all other invoices, even if not yet due, immediately payable.
19. Explicit Termination Clause
If the buyer fails to fulfil their obligations, the sale is automatically terminated by law and without notice of default. A registered letter from the seller suffices as a declaration of intent.
20. Court
In the event of a dispute, only the courts of the judicial district of Limburg shall have jurisdiction.
Belgian law applies.
The seller reserves the right to bring disputes before another competent court if the circumstances require it.
21. Currency
The invoice is payable in the currency mentioned herein.
22. Amendment of the General Terms and Conditions
The seller reserves the right to amend these terms at any time.
The amended terms will be communicated in advance and will apply to all new orders or deliveries from the date of entry into force.