Unless otherwise agreed in writing, the legal relationship between the parties is governed by these general terms and conditions. They are an integral part of the agreement between the parties and apply to the exclusion of all general terms and conditions from the customer.
All our invoices are payable in cash in Waregem, unless otherwise confirmed in writing by us. Acceptance of a bill of exchange does not change the place of payment and is never considered as debt renewal. All collection and protest costs for an accepted or non-accepted bill of exchange shall be borne by the customer.
Delivery times are provided for information purposes only and are not binding. In case of delay, the customer shall not have any right to terminate the agreement or claim compensation.
The transportation or shipment of our goods is at the recipient’s risk. Unless otherwise specified, transportation costs are to be borne by the customer. The storage of goods pending delivery or collection is at the customer's risk.
Upon delivery, the customer must inspect the delivered goods for visible defects and conformity. Failure to protest or make reservations constitutes acceptance. In case an inspection is necessary, it must be done within 48 hours after receipt of the goods, and any complaints must be submitted by registered mail within the same period. Otherwise, the complaints will not be considered, and no complaints will be accepted thereafter. No complaints will be accepted concerning visible defects of goods already delivered to third parties. The warranty for any hidden defects is limited to 6 months from the date of delivery. In the event of visible or hidden defects, our liability is limited to the free replacement of the delivered goods.No additional reimbursement and/or compensation may be claimed from us for any reason.
Any complaint or dispute concerning an invoice must be communicated to us in writing within 8 days of receipt of the invoice, by registered mail with justification. Otherwise, they will not be considered.
Our prices are net and without discount.In the event of non-payment on the due date, a conventional interest of 10% per annum will be due on the invoice amount or balance, automatically and without notice, from the due date.
If payment is not made by the due date, a first reminder will be sent. If no payment is made within 5 working days, a second reminder will be sent with a fixed administrative cost of €25. If no full payment is made after the second reminder, a default notice will be sent after 5 working days, and a fixed administrative fee of €75 will be charged, increased by a compensation of 10% of the invoice amount, with a minimum of €75 and a maximum of €1,500, even if extensions of time are granted. Additionally, in case of partial or complete non-payment by the due date without serious reasons, after a failed default notice, the outstanding balance will be increased by a fixed compensation of 10%, with a minimum of €75 and a maximum of €1,500, even if extensions of time are granted.
In the event of cancellation of the order by the customer or in the event of full or partial termination of the agreement by the customer, the customer will be required to pay compensation, which will be set at a minimum flat rate of 25% of the value of the non-executed part of the contract, excluding VAT, or a higher amount to be proven by us.
Retention of title: All goods that are not fully paid for remain our full property. Despite this retention of title, the risk passes to the buyer immediately upon conclusion of the agreement.
In the event of judicial collection or dispute, only the Justice of the Peace Court in the district of Waregem, the Court of First Instance West Flanders, Kortrijk Division, or the Commercial Court of Ghent, Kortrijk Division, shall have territorial jurisdiction. All our agreements are governed by Belgian law.