GENERAL SALES CONDITIONS
Our sales are considered to be executed at Ostend. The goods are considered to be accepted at our premises in Ostend, and shall be dispatched at the buyer's risk, even if the shipment is FRANCO.
All possible risks are considered to be passed to the buyer at the time of acceptance, as defined here above.
All circumstances, such as force majeure, all kinds of accidents, general or partial strikes, lock-out, lack of transport, general or partial fire at the premises of the seller, a.o., relieve the seller of his responsibilities.
With the exception of any other written agreement, invoices are payable within 30 days from the date of the invoice.
Every challenge of a mention in the invoice has to be reported in writing to the seller withing 3 days from receipt of the invoice.
The goods remain in the ownership of the seller until full payment.
This implies that the buyer is not entitled to give the goods in pledge or to use them as a securtiy. The buyer shall notify the seller without delay of seizure, theft or any other circumstance that may affect the seller's rights to the goods.
In case of non-payment on due date, the buyer is obliged to return the goods to the seller on first demand.
The deliveries are payable at our accounts, mentioned on the front side of our invoice. The fact of drawing a bill on our buyers shall not be accepted as an exception to this rule. Any delay in payment obliges the buyer, ipso jure and without further notice, to pay the legal interest in commercial affairs from the date of expiration onwards.
In case of non-payment, the seller shall be entitled to cancel all current orders and to claim the balance due or to demand the restitution of the goods according to article 4.
In case of non-payment within 30 days after a written notice of default, the amount of the invoice shall be increased ex officio by 15 %, and a minimum of 74,37 EUR.
This stipulation remains without prejudice to the possible application of article 1244 of the Belgian Civil Code.
The goods are considered to be delivered in conformity with the agreement if the buyer does not make a written announcement of any visible defect within 24 hours after delivery. If the goods are legitimately refused, the seller has the right to replace the goods concerned
The seller shall not be liable for damages assessed after acceptance of the goods, except when the buyer establishes proof that the damage is due to a defect in materials or workmanship.
In any case, the liability of the seller is limited to a period of one (1) year and, to the choice of the seller, to replacement of the goods or refunding of the concerned goods.
In no event, the seller shall be held to compensate any additional damage.
In no event, the seller shall be liable for any damage due to improper use, bad installation, improper maintenance or negligence by the buyer or any third party.
This agreement shall be governed by Belgian law. The courts of the judicial district of Ostend shall have exclusive jurisdiction for all disputes arising out of this agreement.