Terms of Sale Clear conditions
TERMS OF SALES EGETRA
The buyer is considered to know and to accept the terms of sale, as stipulated here-inafter, by the mere fact of placing an order and/or accepting the invoice. We explicity decline all other terms mentioned on the documents of our clients. Our terms, general or particular ones, always have priority.
Unless it has been stipulated otherwise, we always make offers free of engagement. Orders placed in writing or through our sales representative, cannot be definitive unless we confirmed them in writing. An order can only be valid when confirmed by us.
Delivery periods are given in good faith. They are a serious estimate and are not binding.
The goods are dispatched at the buyer’s responsibility and risk, even if they are sold free delivered. The mere fact of taking delivery of the goods covers the patent defects. The present clause covers the conformity of the goods, as well for the quality as for the quantity.
The delivered goods remain our property until the buyer has fulfilled all his obligations with regard to our firm, including the obligations resulting from other transactions. The present clause is not prejudicial to the risk transfer to the buyer, which transfer is mentioned in clause 4. In case it should be agreed upon that the buyer will collect the goods himself and he should not collect them on the date fixed previously, the goods will be stored at the buyer’s risk till they are delivered or collected. The dips in which the goods are transported always remain our property.
Complaints shall be communicated within eight days after delivery of the goods. In case the buyer should raise the non-conformity of the goods, as well before as after the delivery, the onus of proof of the non-conformity will fall with him. In case we should acknowledge the grounds for a complaint, our firm can either replace the goods or cover the value of these goods. As a result of the present clause, our intervention shall irrevocably be limited to the value of that part of the non-conform goods we delivered, this exclusively on the basis of the prices we charged.
In case of disputes concerning the acceptance complaints will be inexistent by right if the whole consignement has not remained undamaged and untouched. Using the goods, or even a very small quantity of the goods, involves the acceptance of the whole consignment that is considered as an entity. The delivered goods cannot be returned, not even partially.
As well before as during the fulfilment of the contract, we reserve ourselves the right to claim guarantees from the buyer regarding the payment of the purchase price and the fulfilment of the contract. The costs for these guarantees are at the buyer’s expense.
All our invoices are cash payable to the registered office in WAREGEM. Our representatives are not authorized to receive amounts of an invoice.
A. A. In case of delay of payment a delay interest of 15% per annum will be charged by right and without summons on the overall amount of the demandable claim, starting on the due date.
B. B. In case of (partial) non-payment of the debt on the due date, without serious reasons and after futile summons, the remaining debt will be increased by 12% as a fixed compensation, with a minimum of € 125,00 and a maximum of € 1.860,00, even if a period of delay has been granted.
In case the buyer should not fulfil his commitments we are entitled by right and without summons to dissolve all contracts we entered into with the buyer, without prejudice to our right to damages. A simple expression of our will, sent to the buyer by registered mail, will be sufficient. This stipulation is also valid if, during the life term of the contract, the financial situation of the buyer changes, in case of insolvency or if we are afraid to lose the guarantees for our claim. As a result of this rescission we will be entitled to take back the goods, as we remained the owner of the goods, and to sell them in order to limit all possible damage and this eight days after having sent a registered letter to the defautling buyer.
In case the sales should be dissolved by the buyer, he commits himself to pay a fixed sum, equal to 20% of the value of the goods, as damages for loss of profit.
We are entitled to increase our prices during the fulfilment of the contract when the production costs, the customs tariffs, the fiscal duties, etc… increase by 8%.
Circumstances, such as strikes, fire, machine defects, irregular supplies, internal organizational problems, lock-out… are cases of force majeure making the fulfilment of the contract impossible. We reserve ourselves the right to terminate the contract under such cirumstances without any right for the buyer to claim damages.
Contracts are entered into WAREGEM and are subject to the Belgian law. In case of disputes, the Courts of Law of KOTRIJK are competent, unless we prefer to bring the case before the Court of the buyer’s domicile.