Terms and conditions

Article 1

The following general terms and conditions of sale are exclusively applicable between N.V. Verachtert and its buyers, notwithstanding any special or general terms and conditions stated on purchase orders or other documents from the buyers and/or clients. Accepting the goods implies the knowledge and approval of these general terms and conditions.

Article 2

All delivery dates are, unless agreed otherwise, always given as a purely indicative title. The purchaser can’t invoke the exceeding of the target period to request the dissolution of the agreement, to claim compensation from the seller or to assert another claim against the seller. The seller is entitled to deliver in parts. The seller will then be able to invoice each part separately.

Article 3

3.1 The prices applied by the seller are exclusive B.T.W., other taxes and levies, (export) subsidy, in any form, packaging, transport and insurance, unless the seller has determined otherwise in writing.
3.2 All invoices are payable in Geel. Unless otherwise agreed, the invoices are payable in cash.
3.3 Claimants are not authorized to receive payments.
3.4 In case of non-compliance with the payment conditions, the seller is entitled to discontinue deliveries without any notice of default.
3.5 In the event of non-payment on the due date, the buyer shall owe interest of 10% on an annual basis without any further notice of default. In the event of non-payment within one month after the due date, an additional compensation of 10% of the total price will be due, with a minimum of EUR 65, all without any notice of default being due. In case of partial payment the integral compensation will remain due. These interests and compensation are also due in case of acceptance of a bill of exchange.
3.6 In the event that the buyer resells the goods, he will assign the seller, from the point of departure, all the claims arising from this resale to the seller. The deposits paid by the buyer remain acquired by the seller to compensate for possible losses on resale by the seller.
3.7 The non-payment of a single invoice on the due date makes the due balance of all other not yet due invoices automatically due and payable on demand.
3.8 The buyer never has the right to make deductions for security or for any other reason or to compensate.

Article 4

Without prejudice to the risk of the buyer with regard to the goods, the seller reserves the ownership of the delivered goods until full payment of the price. The risk passes to the buyer from the delivery, regardless of whether or not payment has already taken place. The goods are considered to have been delivered and used in the warehouses of the seller in Geel. The goods always travel at the risk of the buyer, regardless of the modalities of the transport.

Article 5

Price quotations are always provided as a purely informative title. Orders are only binding and valid after acceptance by a qualified press within the company.

Article 6

6.1 In case of sale at the vendor’s warehouse, the buyer may once have accepted the goods, no longer appeal to the vendor for visible defects. Upon delivery at the buyer’s home, it must invoke visible defects within 48 hours of delivery. Within this period the buyer must send a registered letter to the seller giving a detailed and exhaustive list of the defects. The obligation of the seller in the context of visible defect and in any case is limited to the exchange of the goods, with the exclusion of all costs or damages.
6.2 Possible hidden defects must be invoked by way of a registered letter within 14 days after delivery, failing which a claim on this basis is exhausted. Any legal claim or account of hidden defects must be lodged within 3 months after delivery, and this on pain of forfeiture.
6.3 The seller can under no circumstances be held liable for any reason whatsoever for his slight error. Except in the case of intent, his liability is in any way limited to the amount of the delivery and to the direct damage. Indirect damage is not eligible for compensation.
6.4 Any guarantees provided by the seller will lapse as soon as the customer does not correctly use or store the goods and / or maintains them, and if the customer makes changes to the delivered goods without prior written permission from the seller, except in the context of normal business operations.

Article 7

If the buyer refuses the order, terminates the contract or can’t be executed at the buyer’s expense, he must pay a compensation of 25% of the total amount.

Article 8

If the trust of the seller in the creditworthiness of the buyer is shocked by acts of judicial execution against the buyer and/or other events that are apparent, which question the confidence in the good execution of the commitments from the buyer and / or make them impossible, the seller reserves the right to suspend the entire order or part of it and to demand appropriate guarantees from the buyer. If the buyer refuses to accept this, the seller reserves the right to cancel the entire order or part of it. All this without prejudice to the  rights of the seller to all damages and interest.

Article 9

The following circumstances are always regarded as force majeure on the part of the seller: delays and stagnation in the delivery by vendors of the vendor, no or incomplete delivery by vendors of the vendor, strikes, lack of raw materials, failure to obtain a health certificate and other goods or series required for the fulfillment by the seller of the agreement. During force majeure, the delivery and other obligations of the seller are suspended. If the period in which the seller can’t fulfill the obligations due to force majeure lasts longer than 2 weeks, the agreement shall be terminated legally and without notice of default, without any obligation to pay compensation. If the seller has already partially fulfilled his obligations upon entering the force majeure, or only partially fulfills his obligations, he is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate agreement.

Article 10

The contract is legally and without notice of default dissolved in the following cases, without prejudice to the right of the seller to claim compensation from the buyer: in case of gross negligence of the customer to the obligations under this agreement and in case of death, bankruptcy or in settlement on behalf of the customer.

Article 11

The possible nullity of one of these conditions does not result in the nullity of the other clauses and of the contract.

Article 12

Belgian law applies to all disputes related to this agreement. Only Vredegerecht Geel and the Courts of Antwerp, department Turnhout are authorized to take cognizance of possible disputes.