GENERAL TERMS AND CONDITIONS OF SALE
I. GENERAL
1. Unless otherwise stipulated in writing, all transactions concluded by our company are governed by these terms and conditions of sale. 2. Once the quotation has become final in any way whatsoever, the customer acknowledges that he is aware of the conditions of sale and that he accepts them.
II. QUOTATIONS – CONFIRMATION
1. Quotations only remain valid until the date stated on them.
2. Quotations concluded through intermediaries only become valid after written confirmation by our company, even if previous occasional transactions between the parties have taken place without prior confirmation.
III. TAXES, LEVIES Taxes of whatever nature, which tax the building materials or their transport, are borne by the customer/buyer, even after the purchase-sales agreement has been concluded.
IV.DELIVERY – RISKS – PACKAGING – RETURNS
1. Goods are always transported at the expense and risk of the buyer.
2. The buyer is obliged, upon receipt of the goods to be delivered, to make sufficient labour and material available for rapid unloading. Failing this, the resulting costs will be charged.
3. The buyer must clearly indicate in advance the exact location where the materials must be delivered. Loss of time due to poor or no location indication will also be charged.
4. Charged packaging must be returned carriage paid and in good condition no later than 30 days after delivery. Packaging in poor condition will only be kept for 15 days for the customer to check. After this period, the company can freely dispose of it.
5. Delivered materials are not accepted for return. If this happens exceptionally, it will be done at 70% of the invoiced amount and insofar as the materials are still good and unused and the packaging undamaged. Packaging that has already been partially used is not eligible for return under any circumstances.
V. ACCEPTANCE and COMPLAINTS
1. Receipt of goods also means acceptance thereof.
2. Complaints in connection with delivered goods must, in order to be admissible, be reported in writing and accurately described to our address within 48 hours.
3. The disputed goods must be kept untouched by the buyer, such as at the time of delivery, until the seller has examined the validity of the complaint, which will be done without delay.
4. If the complaint is found to be justified, the seller will only be obliged to replace the disputed goods. Is this is not possible, the purchase price will be refunded.
5. In the event of proven hidden defect, processing of the materials is regarded as acceptance.
6. Complaints do not release the buyer from the obligation to make payment for the materials in question.
7. Checking the quantity of goods delivered will be done with the driver during unloading, unless arranged otherwise. Failing this, the parties are bound by the quantities stated on the consignment note or delivery note. Complaints formulated at a later date are inadmissible in the absence of such checks.
8. If the quality of the materials is disputed, the seller’s responsibility is limited to their value and to the extent to which the manufacturer/main distributor intervenes.
9. For materials sold as 2nd grade, the seller does not bear the slightest responsibility with regard to quality. VI. DELIVERY TIMES Delivery times on the order form are observed by the seller in good faith, however the slightest form of force majeure releases the seller from any responsibility or obligation to pay compensation.
VII. PAYMENTS
1. Unless otherwise agreed in writing, the goods are payable in full at the time of delivery against issue of the invoice.
2. In the event of non-payment or payment after the due date, the total due will be increased by operation of law with an interest of 1% per month.
3. The amount of the unpaid sum will be increased by 10% with a minimum of € 50 by way of a conventional compensation clause.
4. Interest and damages are due from the day following the due date of the amounts, without prior notice of default and without prejudice to all collection, reminder and summons costs.
5. In the event of delay in payment by the buyer, the seller is entitled to suspend the further execution of the contract or to dissolve it with regard to the deliveries still to be made.
6. Until full payment has been made, the goods remain the property of the seller.
VIII. TERMINATION The seller reserves the right to terminate agreements, without compensation, in the event of serious changes in the factual, legal or financial situation on the part of the buyer.
IX. IX. DISPUTES Insofar as attempts at an amicable settlement prove impossible, only Justices of the Peace, the Court of First Instance or the Commercial Court of the Dendermonde jurisdiction or the Court of Appeal in Ghent are competent.
X. APPLICATION OF INVOICE TERMS AND CONDITIONS Any agreement between buyer and seller is governed by these invoice conditions, unless otherwise stipulated in writing and accepted by both parties.