General terms and sales conditions
1. Our delivery and execution deadlines are provided for informational purposes only and are not binding. Any delay in delivery or execution does not entitle the customer to compensation or cancellation of the agreement. All materials and goods are considered sold, accepted and delivered at our warehouses in Roeselare, and are transported at the customer's risk, regardless of the method of shipment or delivery. Deliveries are made in accordance with Ex Works Incoterms 2000.
2. Complaints regarding hidden defects in deliveries or services must be submitted to us by registered mail within eight days from the invoice date. After this period, the goods are considered definitively accepted by the client. The warranty obligation is in any case limited to the replacement of goods, excluding any claim for compensation. We assume warranty obligations for goods supplied by us only to the extent that they are covered by our suppliers'warranty terms. Our warranty is valid only if the buyer can demonstrate that the defects occurred under normal or prescribed usage conditions.
3. In cases of force majeure, strike, lockout, or similar circumstances that prevent us from executing the agreement, we reserve the right to terminate the agreement without any liability for damages.
4. We reserve the right to terminate the agreement automatically and without prior notice in the event of negative credit information regarding the client, bankruptcy, apparent insolvency, or any change in the legal status of the client.
5. Ownership of the delivered goods shall only transfer to the buyer once all amounts due,including costs, interest, and penalties, have been paid in full. As long as the goods have not been fully paid for, the buyer may not dispose of them in any way, particularly not as collateral or by transferring ownership to third parties. The buyer agrees to immediately inform us of any fact that could harm our interests, including any seizure or pledging of their business. The buyer must inform their creditor or landlord in due time that the delivered goods are not yet their property.
6. In the event of full or partial non-payment of a debt on the due date for valid reasons, a fixed compensation shall be charged to the customer after a formal notice by registered mail, as follows : - for any debt up to150 € : 20€ - for any debt between 150.01 € and 500 € : 30 € plus 10% of the debt between 150 € and 500 € - for any debt exceeding 500 € : 65 € plus 5% of the debt between 500 € and a maximum of 2000 € In case of payment after the invoice due date, interest on arrears of 1% per month will be charged.
7. All costs related to payment by bill of exchange are at the customer's expense. Bills of exchange do not constitute novation of debt. Default of payment, even by bill of exchange or cheque, shall render all debts immediately due and payable.
8. As mutual guarantee and commitment to swift dispute resolution through arbitration, the Belgian Arbitration Institution (B.A.I.) is authorized to appoint arbitrators to definitively settle any dispute in accordance with its rules of procedure, which are available free of charge from the B.A.I., Lieven Bauwensstraat 20, 8200 Bruges (tel. 050/32.35.95 and fax 050/45.60.74). This clause forms an integral part of the terms and conditions of sale and replaces all conflicting jurisdiction clauses.
9. Only our general terms and conditions of sale are valid and any terms and conditions to the contrary shall be deemed null and void.