Last update: 01/08/2023
Art. 1 – Scope
All our deliveries and services are exclusively subject to these General Terms and Conditions of Sale, of which the buyer is deemed to have taken note. Derogating terms and conditions of the customer are not accepted unless we give express written
Art. 2 – Quote and conclusion of the contract
Our quotes are non-binding and subject to change unless otherwise stated. Unless otherwise stated, all our prices are expressed in EURO (€). The price, validity, delivery conditions and other conditions stated in the non-binding quotes are applicable. The stated delivery times are indicative and non-binding unless otherwise stipulated.
Art. 3 – Transport
Our products are delivered according to the conditions in the non-binding quotes. If the goods are sold ex-warehouse, in which case the customer comes to our warehouse to collect them, transport is always at the risk of the buyer, even if we cover the transport costs. The buyer is responsible for choosing the means of transport in this case. We do not offer any guarantee either with regard to the means of transport or with regard to the transport times.
Art. 4 – Warranty
The quality and weight of the goods sold are guaranteed upon departure from our warehouses.
Any complaint regarding our deliveries as a result of transport (including packaging, weight) must be submitted in writing within eight days of receipt of the products to be valid. The buyer must therefore inspect the goods immediately upon receipt. The buyer must state any immediately observable damage on the transport document. The buyer must report any other damage or abnormalities in writing within eight days, substantiated with photos if possible.
Complaints regarding the quality of the delivered goods must be submitted in writing within two months after the delivery date, unless otherwise agreed.
In the event of a complaint, the buyer must also take all necessary measures to enable a contradictory physical inspection in the presence of both parties, possibly represented by an inspector or partner appointed by them.
In any event, our warranty is limited to either the replacement, free of charge, of the products found to be defective or non-conforming, or the reimbursement of their price, to the exclusion of any further compensation and this after consultation with and according to the preference of the producer/supplier of the material in question. The warranty for defects provided by us does not extend beyond the warranty provided to us by our supplier(s).
Art. 5 – Liability
We are neither liable for damage that may arise from the use or industrial application of our products, nor for damage due to the misuse of our products or the users' failure to comply with the general precautionary principle, local laws, standards, and regulations.
Information included in product documents is provided as received from the manufacturer/supplier and is intended only as a source of information. On the basis of this information, it is suggested that buyer analyses the product on a laboratory scale prior to use in a finished product. This information does not give any indication of admissible or intended uses of products. No warranties, expressed or implied, are made. This information should not be construed as permission for violation of patent rights. The buyer is solely responsible to secure that all laws and regulations are duly regarded which are applicable due to the use intended by him. We do not accept liability for the inaccuracy of the by manufacturer/supplier provided data. These are entirely the responsibility of the manufacturer/supplier.
In cases where our liability would be proven, our liability is limited to direct damage, excluding indirect damage and consequential damage, under any form whatsoever, such as (non-exhaustively listed) consequential damage, loss of profit, financial or commercial losses, loss of production, increase in general expenses, increased administration costs, loss or damage to data, loss of contracts, immaterial damage and loss of customers. Our liability is limited in all cases to the maximum amount covered by our liability insurance.
Art. 6 – Force majeure and similar
In the event of force majeure or, in general, when circumstances arise which prevent, delay, or reduce manufacture or shipping, or which make it extremely difficult for us to fulfill our obligations, we may limit, terminate, or interrupt the fulfillment of our obligations, depending on the situation. Such circumstances mean: war, riot, strike, lockout, machine breakdown, fire, the unavailability of equipment, raw materials or means of transport, and restrictions of any kind imposed by public authorities.
Art. 7 – Payment
Unless expressly stated otherwise, our invoices are payable 30 days after the invoice date and in the currency stated on the invoice. If payment is made in a currency other than the currency stated on the invoice, we reserve the right to demand that the payment is still made in the correct currency. Without prejudice to our entitlement to apply the provisions of the Belgian law of August 2, 2002 on combating late payment in commercial matters, all our invoices that are not paid within 30 days of the invoice date will be subject to interest of 1% per month or partial month, by operation of law
and without notice of default. In this case, compensation of 10% of the invoice amount is also due by operation of law and without notice of default. If a price is stated on the invoice in a currency other than EURO (€), the buyer also owes any exchange loss suffered as a result of failure to pay on the due date. The products must be paid to one of the accounts stated on the invoices. If applicable, our agents and representatives may not receive payments, nor are they authorized to validly discharge them.
Art. 8 – Insolvency and changed circumstances
If the buyer becomes less creditworthy or if the buyer's legal position or financial situation changes, we reserve the right to cancel the current contracts or to request guarantees. In the absence of payments on the due date, we are
entitled by operation of law, without formalities and without prejudice to our right to compensation if applicable, to terminate the current contracts with regard to all deliveries not yet concluded, without prejudice to our rights to claim compensation for this absence.
Art. 9 – Retention of title
The delivered goods remain our full property until full payment. If the customer fails to pay, we are entitled to take back our goods after simple written notification.
Art. 10 – Applicable law – competent court
All our sales are subject to Belgian law, even if the buyer is established in a country other than Belgium. The courts of Antwerp are exclusively competent to hear any dispute. However, we reserve the right to bring disputes before the court in the buyer's domicile.