It is explicitly stipulated that all offers, acknowledgements, contracts and sales are subject to the following general conditions:
every deviation must be the object of a separate, preceding and written agreement, which can never be considered as a precedent. All purchase- and payment terms of the purchasers, derogatory of our conditions are denied.
1. All offers, oral or in writing, are without any engagement. If, after making up the offer, but prior to the closing of the sale, the availability of the goods or the prices made by our own suppliers, on which our offers are based, have been changed, we will be entitled to cancel our offer or to adjust our price with a proportional increase. Each agreed order signed by the customer links the buyer irrevocably, on the other hand the salesman preserves during eight whole days the right for terminate the contract.
2. Unless otherwise stipulated, all prices are ex works.
3. Each oral or written order transferred to our staff or to our representatives, may be considered as accepted, once acknowledged by our company in writing. We preserve ourselves the right in case of an increase of import duties to adjust proportianaly our sales prices. At contracts concluded for the duration of more than three months the contract prices can be adapted in case of structural changes of more than two per cent. All sales are supposed to be concluded at the company seat address. Our invoices are payable cash at the address of the company seat. Absolutely no agent is authorized to collect our invoices. Absolutely no withholding, nor for guarantee, neither for any reason can be applied upon payment. The occasional issue of a draft determines no novation neither deviation of our general conditions. The purchaser recognises explicitly that in case of deviation of Article 1583 of the Civil Code, the salesman preserves the property of goods till complete payment of the price, interests and possible costs.
4. The indicated delivery times for our sales are always approximativ. Delays do not allow to cancel the order, neither to penality of whatever nature. Force majeur situations can never lead to any compensation or penality, but can remove the supplier from his obligations, even if separately otherwise agreed. Force majeur situations may be: war, even between third countries, claim, strikes, political, social or economic riots, fire, bankrupticy of our suppliers or every event which modifies the market situation on the moment of the signing of the contract. All these and other unforeseen circumstances give the purchaser no allowance to cancel the order, to refuse consignments or to require some form of damage.
5. In case the goods are not collected one week after agreed delivery time and after notice of availability, the invoice will be raised and the payment terms start being effective. Without prior notice, the goods are supposed from then on to be delivered and they are put in storage under the risk of the buyer.
6. Oral or written indications as well as specifications only apply as far as they have been taken over in our acknowledgement. Only this document serves to the implementation of the order. Eventual remarks must be made therefore at reception of the order acknowledgement, all later complaints will not be accepted.
7. The sold goods travel on the full risk of the purchaser, even under C/F sales terms. If not specified by the purchaser, the supplier has the right to choose the way of transport. Goods are always considerably secured and lashed and the necessary precautions always have been taken. If during the transport nevertheless damage would occur, the purchaser has to control, take notice and claim towards the forwarder prior to the off-loading of the goods. The goods will only be insured on specific demand of the purchaser and at his cost.
8. The machines supplied by our company comply to the requirements regarding security and hygiene according to ARAB Art. 54 Quaters 3.2. Complaints concerning the formality of our goods only apply when they happen in writing within the eight days after reception of the goods. If the complaint is accepted as valid, the damages are limited to the return of the provided goods without further obligations. Common trade- or inevitable technical deviations cannot create damages.
9. Supplier is always entitled to ask payment securities prior to delivery.
10. In case of late payment, there will be charged legally and without prior notice a delay-interest of one and a half percent per month or fraction of month (every started month is charged), starting on the due date and based on the total amount of the invoice. In case of complete or partial non-payment of the debt on the due day, after unfruitful in lack proposition at ordinary letter, the debt remainder will be raised with twelve per cent with minimum of EUR 50 and maximum of EUR 1500 even after granting periods of tolerance.
11. Each sale that comes into effect with a third party under our conciliation, which was previously confirmed to the selling party at ordinary letter or other message, raises for the account of the salesman an obligation to the cash payment of a commission of at least ten per cent on the offered salesprice and this at our benefit.
12. All goods which are provided to our customers on try, at sight or at rent remain under his full responsibility. In case of damage or visible or invisibly modifications to the situation of goods, the customer proceeds to immediate purchase of the concerning good, and this to the conditions agreed at delivery. Under no circumstances better conditions can be stipulated.
13. In case of guarantee agreed on our goods supplied, these guarantee can never exceed the guarantee offered by our respective suppliers / manufacturers. The guarantee includes only the machine components and has been restricted to damage which would occur at normal and correct use of material. Guarantee on electronics is excluded in all cases. Without preceding written agreement the supplier does not compensates for the costs of repairs carried out by third parties. The salesman refuses all direct or indirect responsibility - in case of damage to the machines, caused by use by unskilled operator, misuse or insufficient maintenance; - in case of modifications carried out after delivery, - in case of normal wear or any accidents, - in case of awkwardly repairs carried out without written authorisation of the supplier.
14. For all disputes only the courts of Kortrijk, Belgium are competent and only the Belgian laws and Belgian jurisdiction apply, also for the foreign purchasers. Only the supplier has the right to decide otherwise.