Contractual stipulations
1. The present clauses are the only valid ones between parties. The customer renounces all stipulations and conditions that are contradictory to the conditions stated below. Execution of a customer order stating different stipulations and conditions does not in any way imply our acceptance thereof, does not evoke rights on the part of the purchaser which deviate from the present clauses. If a purchase order or a contract was drawn up, its clauses take precedence over the present clauses. The company can only be lawfully bound by one of the managers.
2. The vendor is not responsible for faults which are visible and which the purchaser himself could have been able to see. Any hidden faults must be reported in writing to the vendor within 8 days of delivery. After this period the delivery will be considered as having been explicitly accepted.
Complaints concerning discrepancies in quantities must also be reported in writing to the vendor within 8 days of delivery. Discrepancies in quantities must be stated on the delivery note or transport documents, in the absence of which the purchaser explicitly accepts the delivery.
Complaints can no longer be accepted if the purchaser has processed the delivered products or supplied these to third parties.
Complaints of any nature never defer the purchaser’s payment obligations. The right of claim expires if the products were modified or repaired by the purchaser.
The guarantee is the guarantee supplied by the manufacturer, with a maximum of 1 year to be calculated from the day of purchase. The guarantee only covers the best possible repair of the goods, or replacement if required.
When the goods are sent back to the vendor, the original packaging should be used. Damage because of inadequate or poor packaging is charged to the purchaser. The purchaser must keep the data relating to the statement of origin of the appliances at all times. Return to the vendor should be free of charge and can only be done after reception of a return note, completed and signed by the purchaser. Repaired goods are returned to the purchaser at his expense.
All other returns, such as too many goods or goods incorrectly ordered by the customer, cannot be accepted.
Except for written agreements stating otherwise, all our invoices are to be paid in cash in Wilrijk. In case of non-payment on the agreed date, the customer legally and without being served notice, owes interest on arrears at an interest rate of 2% above the legal interest rate with a minimum of 12%. In addition, legally and without being served notice, a fixed compensation of 10% will be due on the amount in arrears, with a minimum of € 65. In case of split delivery the vendor may send an invoice concerning the goods already delivered. In case of non-payment of the latter, the vendor may invoke deferment of completion concerning the goods still to be delivered.
In case of non-payment on the agreed date, all further deliveries will have to be executed against cash payment, and therefore all commercial and financial agreements deviating from our standard conditions of sale will become invalid.
The vendor may transfer invoices that are not paid cash to his credit insurer.
3. When an agreement is dissolved at the charge of the customer, the latter owes a fixed compensation of 30% of the selling price. If the articles involve made-to-measure or series outside the normal product range of the vendor, however, the compensation is 100% of the selling price.
4. In case of non-payment of a single invoice on the expiry date the amount due of all other, even non-expired invoices, can legally be claimed immediately.
5. Should the purchaser neglect to fulfil his commitments, the sale may be dissolved legally and without notice being served, without prejudice to our rights to all compensations and interests. The expression of our intention by registered letter will suffice for this purpose.
6. If our confidence in the creditworthiness of the purchaser is undermined by acts of legal implementations against the purchaser and/or demonstrable other events which render confidence in the proper execution of the commitments agreed by the purchaser questionable and/or impossible, we reserve the right to suspend the entire order or part of it and to demand suitable guarantees from the purchaser, even if the goods were dispatched completely or partially. Should the purchaser refuse to comply, we reserve the right to cancel the entire order or part of it. All this without prejudice to our rights to all compensations and interests.
7. RETENTION OF PROPERTY: The goods remain the property of the vendor until complete payment of the price. All risks are at the purchaser’s charge. The advances paid by the purchaser remain in our possession as compensation for the possible losses on resale by us.
8. In case of resale of goods, even if processed, and property of the vendor, from this date the purchaser transfers any claims resulting from this resale.
9. Drawing and/or accepting bills, cheques or other negotiable documents does not entail novation and does not imply a deviation from the conditions of sale.
10. In case of dispute the courts of Antwerp or the courts of the domicile of the purchaser, at the purchaser’s choice, are solely competent. Unless stipulated otherwise the parties have agreed that only Belgian law applies to this agreement.
11. All sizes and end-user prices mentioned in this catalogue are for reference only.
All prices can be changed without prior notice.
All prices can be changed without prior notice.
