The present terms always apply to all our agreements except if parties concerned have agreed otherwise explicitly and in writing. These terms prevail absolutely over the order and/or purchase conditions of the buyer, even if they are contrary to these terms.
1. Invoices are always payable at our premises. They are due in accordance with the payment conditions appearing on the invoice. By lack of complete payment of invoices on due date, our invoices will entail by right and without reminder, an interest of 1 % per month past or started. When within 15 days following the mailing or registered letter by post, the debtor is still in default, the amount of the claim will be increased with an indemnity of 12 % with a minimum of 125 euro and a maximum of 2000 euro. In case of non-payment of 1 invoice or part of 1 invoice, all open invoices are due immediately, regardless if they have expired or not.
2. Collecting costs are always at the account of the customer. Consignment, ex works or free delivered, are at the risk of the customer.
3. Delivery or production terms are always purely informative or indicative and can never be a reason for cancellation of the order or compensation. In case of complaints on the delivery itself, the buyer can only turn to the transporter. Every return of goods is submitted to our prior, written consent. Except with contrary stipulations, we have the right, and this without prior announcements, to adapt our prices to possible market fluctuations. VAT is always at the account of the buyer.
4. In accordance with Art no 1641 of the Belgian Civil Code, each complaint or remark must be submitted in writing at arrival of the goods or in case of a hidden defect, at the moment of discovery. If the complaint has not been made on time and in writing, an elaborate report on the complaint must be sent per registered letter within 5 days and with a clear indication to the date of the complaint. Complaints on invoices must be reported in the same way, within 5 days and in writing. In case of visible and/or hidden defects, the indemnity will be limited to the reparation of the goods in our premises, without any right to indemnity for abnormal use or any other indirect damage.
5. All goods sold will remain our property until the full amount of the sales price and its accessories has been paid. In case the goods have been resold we preserve the right to claim the amount corresponding with the value of the resold goods. The property right is transferred onto the reselling price. Once the goods have been delivered or the client refrains from taking the goods, the buyer is responsible for all risks, force majeure and destruction included, and the storage. The non-payment of one or part of the amounts can entail the reclamation of the goods.
6. All agreements shall only be governed by the Belgian Law. This applies in any case, regardless the identity of the parties, regardless the place where the agreement has been made or has to be carried out, as far as allowed by the laws applicable. Every dispute of any kind shall be governed by the Courts of Kortrijk or Roeselare, giving us also the option to turn to other courts that are competent by common law.