1. Any engagement made by our salesmen will only take effect after our agreement.
2. Our goods will be sent at the risk and peril of the buyer even when they have been sold Franco Warehouse.
3. Delivery dates are given approximately only. Any delays cannot cause the cancelling of contract. In occurring case the cancellation is only possible with previous writing, where the last reasonable date of delivery is established.
4. Without prejudice to the buyer’s risk in reference to the goods, the goods shall remain our property until they have been fully paid. The prepayments are for the seller in case of possible loss of retail.
5. Exclusive special and written stipulations, all our invoices must be paid in Kontich. There are possibilities for payment:
a) cash during 8 days with deduct of customary 2 %;
b) net 30 days after the date of invoice. If the payment is not occurred at the expected day, the draft or receipt shall be send to the buyer after 15 days from the date of payment and this without any preliminary notice.
c) for each amount, not-paid at the date of payment, we are entitled by right and without respite to charge default interest at a rate of the National Bank of Belgium at the time of payment.
6. Any deviations of our General Terms of Sale, mentioned at the documents of the buyer, or stated on verbal arrangements or by telephone, or agreement with oursalesmen shall take effect only with our written confirmation.
7. In order to be valid any claims about the damages must be made within 5 days after delivery or ending of fixing: claims about the hidden damages must be made within 5 days after the discovery. In case of dispute the the Courts in Antwerp are competent.
8. For each non paid invoice 30 days after due date, we have the right to claim, as indemnification, an amount of 10 % of the total invoice value, with a minimum of 50,- EUR for the only reason of delay of payment, without any judicial reminder.
- The goods are remaining the property of the seller until the full payment of it.
- If the invoice isn’t paid in time, all others are to be paid immediately.
- If the buyer neglects his own engagements, the deal can be dissolved, with the right of the seller for all kinds of compensation and interest. In this case the registered letter from the seller, shall do the termination of contract.
9. If our confidence in the solvency or credit worthiness of the buyer is broken by the legal executions against the buyer and/or apparent other events, which bring doubts in all preceding arrangements, made by the buyer and/ or makes this impossible, keeps the seller his right to all made prepayments. In case the buyer refuses to accept it, the seller keeps his right to cancel the whole order or its part, even if the goods are already delivered, partly or on the complete.
- If the invoice remains unpaid 30 days after its due date, a penalty clause of 10 % of the invoice amount will be payable as indemnification, with a minimum amount of EUR 50, for the sole reason of this late payment, ipso jure and without prior notice.
- In the case of a delivery of goods, these goods will remain the seller’s sole property until full payment is received.