General terms and conditions of sale
The present general terms and conditions of sale are an integral part of the agreement, to the exclusion of the customer’s own terms and conditions, even if communicated after these terms and conditions.
The start of the execution implies in any case the acceptance of these general terms and conditions of sale.
Any deviation from the general or special conditions of sale must be agreed upon in writing and signed by the customer.
Unless otherwise agreed, the validity of our offers is 1 month.
Any order that has not been the subject of a written offer from the company is only binding if it has been confirmed in writing by the company.
No commitment entered into by any employee of the company, a representative or an agent shall bind the company until the company has expressly accepted such commitment in writing.
The company is not liable for advice it provides, printing and typing errors on its website or for technical data provided by suppliers or manufacturers.
Unless otherwise agreed, delivery takes place at the company’s premises.
The delivery times are indicative and therefore not binding, unless expressly agreed otherwise. Delays can never lead to a claim from the customer against the company.
Transport and possible insurance costs are always at the expense of the customer, unless expressly agreed otherwise.
From the moment of delivery, the customer bears all risks with regard to the goods sold or rented, in particular the risks of transport, even if this is carried out by or for the account of the company.
All possible guarantees are factory guarantees, for which the company itself does not assume any responsibility.
The delivered goods remain the property of the company until full payment of the purchase price plus costs and interest.
The buyer undertakes not to alienate, lease, pledge 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 suffices to contact the purchaser, the liquidator or the trustee to exercise its right of recovery. In such case, the company is entitled to compensation for the costs of recovery, including any loss of value on the goods and any damages for breach of contract due to non-payment.
Our prices are indicated in EURO and are always exclusive of VAT. Any increase in the VAT rate or any other tax, of whatever nature, between the moment of ordering and its execution, will be charged to the customer unless expressly agreed otherwise.
The company has the right to index its prices annually without prior notification to the customer, unless stated otherwise in the agreement.
Our invoices are payable no later than 30 days after the invoice date by transferring the invoice amount to one of the financial accounts indicated on the invoice.
In the absence of payment within the set term, a fixed compensation clause of 10% with a minimum of € 125 will be added by operation of law and without notice of default, as compensation for extrajudicial collection costs and contractual damage, without prejudice to all other relevant collection costs. In addition, in such case, the customer owes default interest until the day of full payment, in accordance with the law of 2 August 2002 on combating late payment in commercial transactions.
In the event of non-payment on the due date for whatever reason, the company reserves the right to suspend the execution of all outstanding orders, without prior notice of default and without being obliged to pay any compensation.
Complaints regarding the delivered goods will only be accepted if they reach the company in writing within eight days after delivery, after which the goods are deemed to have been accepted. This acceptance covers all visible defects, i.e. all defects that the customer could have identified during a careful and thorough inspection, and in particular defects concerning the functioning and properties of the delivered goods.
Hidden defects can only lead to compensation if they are reported in writing within three months after discovery. However, the goods should not have been processed or handled.
If a complaint is justified, the company always has the right to choose between replacement, repair or taking back the goods.
In any case, the company has the right to dissolve the sale or rental by means of a registered letter to the customer, if the customer fails to fulfill one of its contractual obligations.
In the event of dissolution of the purchase under the first paragraph, the customer owes compensation under the provisions of the framework agreement.
The company is entitled to legally dissolve the agreement with the customer in the event of force majeure, without the customer being entitled to claim compensation. Force majeure is any accidental or sudden event which has occurred without the fault of the company and which makes it impossible for the company to fulfill its obligations arising from the agreement. Force majeure can be invoked e.g. in the event of late delivery by a supplier, an epidemic among the staff, strike, mobilization, war, natural disasters, events that make the normal functioning of the company or its supply impossible, and so on.
The invalidity of one of the provisions of this agreement does not affect the validity of the remaining provisions.
The parties expressly agree that all agreements between them are subject to Belgian law. The exclusive jurisdiction of the courts of Ghent applies to all disputes.
Version of November 7th 2022