TERMS AND GENERAL CONDITIONS
Unless otherwise specified, which govern the specific case of a separate contract, each sale is subject to the following conditions, which may also be the buyer's general terms and conditions of sale.
1. Orders transferred to our representatives are only valid if expressly accepted by us.
2. The goods are received and accepted at our yards and warehouses. They travel at the risk and responsibility of the buyer, even for carriage paid deliveries.
3. If, in case of deviation from the aforementioned article 2, for the consignments by rail, the contract states that the acceptance of the goods only takes place after arrival at the station of destination, the complaints must be submitted within 48 hours by registered letter after this arrival, unless the goods arrive on the eve of Sunday or a public holiday, in which case the term only commences the day following the Sunday or public holiday, at 8 am.
4. Complaints, which concern defects, which are not immediately visible upon acceptance, on our sites or in case of art. 3 at the station of destination must nonetheless be submitted by registered letter within 10 days at the latest and this period is in no case extendable.
5. Our invoices are payable in cash at Meulebeke. The issue of bills does not affect this provision. Any invoice that has not been paid by the due date automatically and without notice will result in an interest of 12%. Any delay or postponement of payment entitles us to cancel the current contracts, without the buyer being able to claim any compensation.
6. Delivery periods are approximate only. Delays in delivery can never give rise to compensation unless expressly accepted by us; they can never justify destroying an order.
7. All cases of force and power release us from all responsibility and give us the right to renounce any contract, without any compensation on our part, or to extend the execution period, taking into account the duration of the force. In the case of force majeure, except for purely accidental and extraneous causes, which completely prevent delivery, also mean unexpected cases which make delivery very difficult, such as mobilization, strikes, exploitation accidents, non-delivery of raw materials determined by us due to unforeseen circumstances, etc.
8. In the event of full or partial non-payment of the debt on the due date without serious reason, the debt balance will be increased by 12% after a vain proof of default, with a minimum of € 75 and a maximum of € 1500, even on the allocation of terms of respite.
9. Goods sold on bills of exchange or in the long term, our property will remain until full payment of the invoice, even if they have undergone industrial processing. The buyer's attention is drawn to the fact that, if he discards the purchased goods before having paid them in full to the seller, he will be liable to abuse of trust that will be prosecuted under criminal law.
10. The parties explicitly acknowledge that, for the rest, the sale is subject to the provisions of the Belgian legal system, which must be applied to all non-conventionally regulated points.
11. The quantities sold are approximate and a deviation of 2% in more or less can never give rise to a dispute. Goods inspected by us by a representative of the customer are considered as irrevocably accepted.
12. In all cases value of sale is dissolved or broken at the expense of the buyer, as compensation for damage and loss of profit it undertakes to pay a lump sum which corresponds to 15% of the selling price of the goods. All collection costs are at the expense of the buyer.
13. In case it has been stipulated that an invoice may be paid in different installments, the default of a single installment automatically results in the payment of the entire outstanding debt.
14. In case of legal proceedings, both because of default and because of any dispute, only the courts in Kortrijk or the justice of the peace in Izegem are competent.
15. The invoices and the general sales conditions are deemed to have been accepted by the buyer in the absence of protest by registered mail within eight days after sending the invoice. No protest will be accepted after this deadline.