Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Application: These general conditions of sale apply to all sales of goods and services made by the Company to the exclusion of any other conditions communicated by the purchaser of these goods and/or services (hereinafter referred to as the ‘Co-contractor’) at any time whatsoever. Any deviating conditions must be expressly accepted by the Company in writing.
By placing an order, the Co-contractor confirms that he/she has read the Company's general terms and conditions of sale and accepts them in his/her relationship with the Company.
Orders: All orders are placed in the purchaser's own name, to the exclusion of any business management. The purchaser acts as guarantor for his successors. It is further expressly agreed that the purchaser is jointly and severally liable for payment of the invoice by the successors.
Complaints : Complaints relating to defects in the goods delivered and/or the services provided which were ascertained or could reasonably have been ascertained at the time of delivery or performance must be made by detailed registered letter within eight days of delivery or performance. After this period, no claim of this type will be accepted.
Guarantee: The Company's guarantee is limited to the replacement of goods delivered or the repair of defects in the services provided or, if this is not possible, the reimbursement of the purchase price.
Under no circumstances will the Company be liable for general or specific indirect damage of any kind suffered by the Co-contractor.
Force majeure: The Company is not liable for delays in the performance or non-performance of its commitments caused by events over which it has no control and which affect the Company or its suppliers, regardless of whether or not these events were foreseeable.
Price and payment: The Co-contractor will be invoiced for the delivery of goods and the provision of services that have been ordered by the Co-contractor, at the rates indicated for the goods and/or services concerned. Invoices relate solely to the goods and services to which they expressly refer, to the exclusion of any other goods and services that may have been ordered from the Company for or by the Co-contractor. All invoices are payable in cash on the invoice date. Any delay in the payment of an invoice will give rise, as of the due date, ipso jure and without notice of default, to interest of zero point fifty-nine per cent (0.59%) per month, any month started being considered as a full month.
Without prejudice to what is specified in the previous paragraph, the amount of the invoice will be increased, on the basis of an irrevocable penalty clause, by ten per cent (10%) of the unpaid amount, with a minimum of twenty-five Euros.
In accordance with the provisions of Article 31.15 of the Law of 14 July 1991 on trade practices and consumer information and protection, the Co-contractor may invoke without limitation the rules of common law relating to compensation for damages in order to obtain equivalent compensation from the Company if the latter does not comply with its contractual obligations towards the Co-contractor.
In order to be admissible, any claim relating to an invoice must be submitted by detailed registered letter within three days of receipt of the invoice. A complaint relating to an invoice may only relate to the amounts invoiced or other information appearing on the invoice and not to defects in the goods delivered and/or the services provided.
The absence of an immediate reaction in the event of a breach by the Co-contractor may under no circumstances be considered as a waiver by the Company of its right to invoke this breach at a later date.
Breach and termination: In the event of unilateral breach of the contract by the Co-contractor, judicial termination to the detriment of the Co-contractor or termination by the Company on the basis of Article 1184 of the French Civil Code, the Co-contractor will be required to pay a fixed indemnity equal to twenty percent (20%) of the total fixed price. If the contract is terminated to the detriment of the Company, the Co-contractor may invoke, without limitation, the rules of common law relating to compensation for damages.
Breach and termination: In the event of unilateral breach of the agreement by the Co-contractor, judicial termination to the detriment of the Co-contractor or termination by the Company on the basis of Article 1184 of the French Civil Code, the Co-contractor will be required to pay a fixed indemnity equal to twenty percent (20%) of the total fixed price. If the agreement is terminated to the detriment of the Company, the Co-contractor may, without limitation, invoke the rules of common law relating to compensation for damages in order to obtain equivalent compensation from the Company.
Severability: If an article of these general terms and conditions is declared null and void, this nullity will not affect the validity of the other articles.
Applicable law: All contracts concluded with the Company are governed by Belgian law.