Unless otherwise stipulated, the stated delivery dates are always purely indicative. The purchaser cannot appeal to the overshooting of the guide date as a ground for requesting the cancellation of the contract, claiming compensation from us or for enforcing any other claim against us.
The risk shall pass to the purchaser from the moment of delivery, whether or not payment has already been made. The goods shall be deemed to have been delivered and accepted into the manufacturer's stores. The goods shall always travel at the purchaser's risk, irrespective of the mode of transport. Without prejudice to the purchaser's risk in relation to the goods, the vendor reserves the right of ownership to the delivered goods until the price has been paid in full and, where relevant, the interest and costs.
Price quotations are always given purely for information. Orders are not binding and valid until they have been accepted by an authorised person within the company.
Where goods are sold from the vendor's warehouse, once the purchaser has accepted the goods, he can no longer hold the vendor liable for visible defects. Where the goods are delivered to the purchaser, the latter must notify the vendor of visible defects within 48 hours of delivery. The purchaser must send a registered letter to the vendor within this time limit, giving a detailed and comprehensive summary of the defects. The vendor's liability for visible defects is limited in any event to the exchange of the goods, to the exclusion of all costs or compensation payments.
Any concealed defects must be notified by registered letter within 14 days of delivery, in default of which no claim can be entertained on these grounds. Any legal claim on the grounds of concealed defects must be lodged within 3 months of delivery, on penalty of expiry of the claim.
The vendor can in no wise be held liable on any grounds for a minor error. Except in the event of wilful act, his liability shall be wholly limited to the amount of the delivery and to the direct loss. No compensation can be paid for indirect loss.
Our invoices are payable in cash at Geel (B). If the purchaser fails to comply with the payment conditions, the vendor shall be entitled to suspend deliveries without giving any notice of default and to refuse new orders. If the purchaser fails to pay on the due date, he shall be legally liable to pay interest at an annual rate of 10% without further notice of default. If the purchaser fails to pay within one month of the due date, he shall be further liable to pay a penalty of 10% of the total price, subject to a minimum of € 65, again without a notice of default being required. Where a partial payment is made, the whole of the penalty sum shall still be due. If the purchaser resells the goods, he shall cede to the vendor by way of a pledge, from this time onwards, all the claims arising from the resale.
If the purchaser refuses the order, cancels the contract, or the contract cannot be performed because of the actions of the purchaser, he shall pay compensation amounting to 25% of the total sum.
Where the terms of the vendor's and the purchaser's invoices conflict, the present terms shall prevail.
The invalidity of one of these conditions shall not result in the invalidity of the other clauses and of the contract as a whole.
Belgian law shall apply to all disputes arising from this contract. Only the cantonal court at Geel and the courts of Turnhout are competent to hear any possible disputes.