Completion of the contract
- Unless expressly agreed by both parties, these general terms and conditions will apply to all relationships between the parties.
- All the elements of our offers are non-binding and for information purposes only.
Applicable law – jurisdiction:
the relationships between the parties are subject to Belgian law. In the event of dispute of any nature whatsoever, it is expressly agreed that only the courts of Mons will be competent and, for disputes within its jurisdiction, the Justice of Peace in Enghien.
Prices – Payments:
- All prices are net on departure from our stores without packaging.
- Unless otherwise stated, the prices agreed or stated are subject to upward revision in the event of changes in the cost of labor or raw materials. This potential revision will be proportional to these increases.
- Unless otherwise agreed in writing, our invoices are payable immediately and in full to our head office, with no discount. Any fees and expenses of any kind shall be borne by the customer.
- Any amount remaining unpaid at the due date shall, without prior notice, be increased by 20% with a minimum of €100 as fixed compensation for additional administrative costs, reminders, etc. arising from non-payment. Furthermore, any amount unpaid at the due date shall, ipso jure and without notice, yield an interest rate equal to the legal rate plus 4%, whereby each month started counts as a full month.
Unless otherwise stated, the cost of packaging is not included in the price and will be charged separately. Packaging shall not be taken back.
Retention of title:
It is expressly agreed that, contrary to Article 1583 of the Belgian Civil Code, the goods sold remain the property of the seller until full payment of the price and any accessories.
The customer undertakes not to dispose of or pledge the sold and yet unpaid goods that are in his possession before the complete fulfillment of all his obligations toward the seller and making every effort to ensure that the seller can reclaim them upon receipt of the registered letter in which the seller expresses his wish to regain possession of the goods. It is expressly agreed that in the event of non-compliance with this obligation, the customer shall be liable to compensate the seller the lump sum of 20% of the outstanding amount in addition to the price and its accessories to cover the risk of increased insolvency.
Delivery times are for information purposes only. Any delay due to a case of force majeure or any other event beyond the control of the seller entitles the latter to consider the deadline as simply suspended for the period during which the cause of the suspension persists and does not give the customer the right to cancel the order or to obtain damages and interest.
If the execution of the order is not possible, the seller shall inform the customer but shall in no case be held liable for any damages and interest.
If the transport is organized by the seller, the transport costs will be billed to the customer at cost; the seller shall not bear any liability in connection with the transport.
Transfer of risks:
Without prejudice to the provisions of Article 5 para. 1, all the risks to which the goods are exposed after delivery and, in particular, during transport are the responsibility of the customer, regardless of the delivery terms provided for.
Warranty – Claims:
- The seller guarantees the sold goods for a period of six months from the date of their delivery in accordance with Article 7 against any material or construction defect that may appear in the context of a normal use (9 hours per working day) , excluding normal wear, force majeure and all defects due to lack of maintenance, improper use, insufficient installation or assembly, or lack of supervision.
- The seller’s liability under this warranty is limited to the normal restoration of the sold goods by repairing or replacing them, as the seller chooses, excluding any damages and interest. The restoration shall take place at the place designated by the seller.
Plans and documents:
The plans and documents that are given to the buyer before or after the conclusion of the contract remain the exclusive property of the seller. They may not be used, copied, reproduced, transmitted or communicated to third parties by the purchaser without the seller’s authorization.
Rental/provision of equipment and buildings:
Any equipment/buildings rented or provided to the customer shall be returned to their original condition at the end of the rental/provision period.
All costs that may arise from refurbishing them shall be borne by the customer. During the entire rental/provision period, the customer shall take proper care and cover the equipment/buildings with all the necessary insurance.
In the event of irreversible deterioration or destruction of equipment/buildings during the entire rental/provision period, the customer (or his insurance) shall reimburse the seller for the equipment/buildings on the basis of their replacement value.
Product given back to the seller by the customer:
When a product or equipment is made available to the seller by the customer for examination or processing, it remains the exclusive responsibility of the customer. The seller must not cover them with any special insurance. The customer cannot invoke any deterioration, loss or damage or claim any refund, even partial. In case of deterioration of the product during processing, the seller agrees to process a new product for free; the first processing of the damaged product can be billed to the customer and remains his responsibility (or the responsibility of the insurance he may have taken out).