General terms of sale
All our offers and sales are subject to the following general terms of sale. Each deviation whatsoever shall be subject to a separate written agreement, entered into on beforehand, which can never be considered as a precedent. All terms and conditions of purchase and payment of the purchasers which departure here from can never be considered as opposable to us.
1. All offers, both oral and written, are made without any commitment. If, after making the order and before realizing the sales operations, prices of our suppliers on the basis whereof offers have been made, are modified due to certain circumstances, we shall be entitled to cancel our offers and to apply a proportional price modification.
2. Unless otherwise agreed upon, all prices are determined ex works.
3. All our sales operations are exclusively made on behalf of and for the account of our company, which puts the order to execution. Each sale transaction, even those made by our agents, shall only be binding for our company after a written confirmation.
4. Our invoices shall be paid in Wielsbeke. Presenting a draft or a receipt card does not prejudice this rule.
5. Each case shall be considered to be concluded in Wielsbeke. Any disputes arising from this agreement are settled before the Courts in the Kortrijk district
6. Dates of delivery, execution, etc. are communicated without any commitment on our behalf. They can never result in any claim for compensation or termination of the agreement, unless after a written summons with a two weeks’ option.
7. In default of payment at the maturity date, the balance amount shall produce a 12% interest per year, without any notice. Which entitles us to suspend all further deliveries.
8. All prices shall be down prices. Invoices shall be paid cash in Wielsbeke. In default of payment at the date of maturity, due to negligence or bad intentions, the amount of the invoices shall be increased as of right and after written notice, with a lump compensation amounting to 10% of the outstanding amount, with a minimum of 50 EURO.
9. Supplied materials shall not be taken back and in case of agreement for restitution, 70% of the price shall be reimbursed for franco returned merchandise in perfect shape and condition. Packaging shall be reimbursed at 50% of the indicated value.
10. All complaints shall be founded and duly motivated and shall be sent directly tot the factory by registered mail no later than eight days after receipt of the goods or execution of the works.
11. All incasso and protest costs, accepted or non accepted drafts, stamps for post receipt cards, bank and discount costs and costs of registered mail shall be charged to the purchaser.
12. In case of termination of an order or of a work by our customer or purchaser, we reserve ourselves the right to claim a compensation amounting to 10% of the overall value of the goods or price of the performance.
13. The title in the goods shall pass to the Buyer only when payment in full has been received by the Seller for all goods whatsoever supplied (and all services rendered) at any time by the Seller to the Buyer.
The Buyer shall permit the servants or agents of the Seller to enter on to the Buyer’s premises and repossess the goods at any time pior thereto. As long as payment has not been effected the Buyer cannot sell, pledge or offer goods as guarantee or collateral security.
Should the goods (or any of them) be converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions, the conversion shall be deemed to have been effected on behalf of the Seller and the Seller shall have the full legal and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party, and the Buyer hereby indemnifies the Seller in relation thereto.
In the case of non-payment at the due date and upon demand the buyer must return forthwith to the Seller all merchandise unpaid for.