The general sale and payment conditions form an integral part of the agreement, excluding the customer's own terms and conditions.
1. The goods and/or services are, respectively were, delivered as described on the order and/or on the invoice. In the absence of agreement between order and invoice, the invoice has priority over the order.
2. No commitment whatsoever made by a staff member of our company, a representative or an agent, binds our company, as long as our company has not explicitly accepted such an undertaking in writing. In order to be valid, any change to the agreement between our company and the customer must have been the subject of written and explicit acceptance by our company.
3. The expected delivery periods are purely indicative and do not bind our company. Our company commits itself to make every effort to deliver the goods and / or services within the prescribed deadlines, therefore delays in delivery can never constitute grounds for any claim by the customer against our company.
4. Our company is legally entitled to determine the termination of the agreement with the customer in the event of force majeure. Force majeure is any accidental or sudden event that has occurred without the involvement of our company and which makes it impossible for our company to perform its obligations under the agreement. Among other things, there is force majeure in the event of late delivery by a supplier, an epidemic among the staff, strike, mobilization, war, natural disasters, events that make the normal operation of our company or its supply impossible, and so on.
5. Complaints with regard to delivered material and/ or intangible merchandise, either goods and/ or services, must be deposited in writing and with motivation within eight days after delivery and/ or installation at the registered office of our company. The eight-day period is an expiry period. Complaints with regard to hidden defects must be submitted in writing and with motivation, within eight days after the discovery of the defect, at the registered office of the company. The eight-day period is an expiry period. The burden of the proof regarding respecting the period within which the complaint must be deposited at our company lies with the customer. If a complaint is justified, our company has always the right to make a choice between replacement, reparation or return of the goods against reimbursement of the price.
6. Our prices are calculated, goods delivered free of charge, net, excluding VAT and/ or any other taxes, duties and freight costs.
7. Each order with a value of less than € 100,00 will give rise to an additional cost of € 25,00 to partially cover the administrative costs that the implementation of such an order entails.
8.1. Our invoices are payable in cash, i.e. within 10 days after the invoice date by transferring the invoice amount to one of the financial accounts indicated on the front of the invoice.
8.2. If an invoice is not paid on the due date, interest will be charged by operation of Article 5 of the Belgian law concerning late payment in commercial transactions of 02/08/2002 in implementation of the European Directive No. 2000/35 of 29/06/2000 on combating late payment in commercial transactions (Belgian Official Journal 07/08/2002). The interest rate applied by operation of law is equal to the reference-interest rate, increased by 7 percentage points and rounded to the higher half percentage point, but with a minimum of 10%. The reference interest rate is applied by the European Central Bank for basic refinancing operations. The applicable statutory interest rate and any change thereof is communicated by the Belgian Minister of Finance through a notice published in the Belgian Official Journal.
8.3. In addition, if the invoice has not been paid within fifteen days after the due date, an additional lump-sum compensation for extrajudicial collection costs caused by the non-payment will be owed by the customer by operation of law, without prior notice of default. This compensation is a multi-stage compensation, they account for about 10% on the first € 25.000,00, 7.5% between € 25.001,00 and € 50.000,00, and 5% from € 50.001,00. This compensation does not affect the right of the company to claim compensation for the legal costs caused by the non-payment.
9. The company reserves the right to execute deliveries and/ or services cash-on-delivery if invoices have expired due to the customer.
10. The company remains the owner of the delivered goods until full payment of those goods. The buyer undertakes not to dispose, rent or dispose of the delivered goods in any way before full payment. If the company wishes to make use of its retention of title, it does not have to take legal action and it is sufficient for the company to go to the buyer or the liquidator with the unambiguous statement that it wishes to exercise its right to reclaim the goods. In the event of exercising its retention of title, the company has the right to reclaim the costs of recovery and any possible loss in value that the goods have undergone since delivery. If applicable, the company also has the right to regard the default as a breach of contract and to claim compensation for damages of 20% on the selling price.
11. At all times, the buyer has the right to cancel the ordered goods and/ or services, provided that he pays the company a compensation for 20% of the sale price or the contract price, respectively the contract price, without prejudice to the right of the company, if applicable, to claim compensation under Article 1794 of the Dutch Civil Code for all its expenses, all its work and everything that it could have won at the time of its adoption.
12. The parties expressly agree that all agreements between them are exclusively subject to Belgian law. The Courts in the judicial district of Ghent, department Oudenaarde are the only competent Courts to judge in case of conflict between parties.