GENERAL TERMS AND CONDITIONS 22.V01.01

General Terms and Conditions
1.
The Client accepts our general terms and conditions as referred to above,
in addition to the special conditions as stated on the order form. In the
event of a conflict, our general and/or special conditions prevail over
those of the Client.
2.
The delivery period as stipulated on the order form, invoice or any other
document is not binding and serves purely for informative purposes.
The Client is not entitled under any circumstances to claim any form of
damages as a result of late delivery.
3.
In the absence of an agreement to the contrary, our invoices are payable
within 30 days of date of invoice.
If payment is not made by the due date, arrear interest will be levied at
1% per month from the due date of the invoice until date of full payment.
The mere expiry of the due date makes the interest recoverable.
The receipt of the invoice furthermore serves legally and in terms of
article 1139 Civil Code as formal notice of default.
In event of late payment, the Client will also be liable for the payment of
fixed damages equal to 10% of the total invoice amount, subject to a
minimum amount of 125 EUR.
Our prices, as per our price lists, are unchangeable, with the exception
and under all reserves that the price changes are unavoidable as a result
of factors beyond our control, such as adjustments in raw material
prices, working hours, insurance and other factors not limited hereto.
Each price adjustment will only take effect once we have notified the
client thereof.
Our agreed prices are VAT exclusive and are based on the price
determining factors as known at the time of the quotation. Any increases
in relation to taxes, import duties, excise duties and exchange rates may
still be charged through to the Client.
The issue and/or acceptance of a commercial security does not give rise
to novation and the existing conditions of sale thus remain fully in force.
All costs relating thereto are payable by the Client in cash.
4.
In the absence of conditions to the contrary, risk in the delivered items
passes to the Client immediately upon delivery. The same applies to the
transfer of ownership in the items, subject to what is stated hereafter.
We retain ownership over the delivered items until the Client has paid
the full invoice amount as well as any due interest and additional costs
relating thereto.
Ownership only passes to the Client once the Client has paid the
outstanding debt in full.
The Client is not entitled to deliver unpaid items to third parties without
our express approval.
If the items as delivered by us are processed, mixed or can no longer be
separated before they are paid for, then the Client will co-operate with
us, and upon the first request to do so, in order for us to establish a right
of retention over the merchandise in question.
We are entitled to exercise a right of retention over all delivered items
under the agreement as soon as it appears that the Client cannot or does
not want to meet its financial obligations.
If the Client fails to pay its debt after having been placed in default, we
shall be entitled to sell the merchandise resorting under the right of
retention in the legally prescribed manner, in order to settle our claim, as
far as possible, from the proceeds.
Before a credit note can be passed for items incorrectly ordered or
ordered in excess, the Client must first obtain our written consent to
return the goods in question.
5.
The Client will be held liable for damages amounting to 30% of the
purchase price in the event the order is cancelled.
We reserve the right to claim additional damages upon production of the
substantiating documents.
6.
The Client is obliged to inspect the merchandise immediately upon
delivery. Complaints relating to the quality or quantity of the order, or
any other variations or damage, must be made to us within 5 days of
receipt of the consignment.
Complaints must be made by e-mail, fax or registered post and be
precisely set out.
If this procedure is not followed, the Client will be deemed to have
irrevocably accepted the merchandise. No further complaints can be
entertained once the Client has processed the delivered merchandise or
delivered it to third parties.
7.
All disputes fall under the exclusive jurisdiction of the Hasselt Judicial
District, Belgium. Belgian law applies in all cases.