1. All our sales are concluded under the general terms and conditions of sale laid down below unless there is written agreement to the contrary. By placing an order or receiving a delivery, our customers declare that they understand and irrevocably accept these terms and conditions. Consequently, these terms and conditions form an integral part of our contracts. Our customers’ own general terms and conditions are explicitly excluded. Customers’ special terms and conditions of purchase can never be tacitly accepted.
2. Risk transfers upon delivery of the goods.
3. In the case of visible defects, the customer must notify us of any suspicions in writing by certified letter no later than two days after delivery. In the case of invisible defects, said suspicions must be notified by certified letter within seven days after delivery.
4. Interest of 12% per year as from the due date is charged automatically and without prior notice of default for any amount not paid, even when an instalment plan or grace periods have been agreed upon. In addition, any amount for compensation of damages that has not been paid on the due date shall be increased by 12%. This shall be done automatically and subject to prior notice of default, with a minimum of EUR 125 and a maximum of EUR 1,860, even when an instalment plan or grace periods have been agreed upon. Costs accompanying unpaid bills of exchange or cheques and other collection costs are not included in this fixed compensation for damages and the purchaser shall be charged separately for them.
5. Reservation of ownership:
Ownership is reserved until all items delivered and still to be delivered, any accompanying works, collection costs, contractual fines and interest are paid in full. The purchaser undertakes to return the goods at his, her or its own costs if he, she or it fails to make full payment for the goods, and, where appropriate, to bear the costs for returning the goods to their original state. Advance payments accrue to the seller as compensation for any possible loss upon resale. A purchaser who nevertheless sells the unpaid goods, despite the disputability of the reservation of ownership, must assume responsibility for all the damage caused as a result of his, her or its fault. The total of the outstanding claim must be paid, regardless of the price received, in addition to the accompanying costs, fees, age of the goods, additionally saved costs for return, resale, etc.
The customer undertakes to look after, maintain and preserve the goods with due diligence and care until the latter have been paid in full or in the case where payment has been deferred in an explicit written agreement. He, she or it undertakes to take appropriate measures to prevent the goods from being damaged, stolen or attached. He, she or it is liable for any damage caused to the seller or third persons. He, she or it is also liable for the loss of the object, even it is lost accidentally. The customer undertakes to take out an all-inclusive insurance for the goods delivered and until the next instalment is paid.
6. Invoices become due and payable immediately in the case of bankruptcy, court composition and the like.
7. All our agreements are covered by Belgian law. If there is a dispute, only the Courts of the Judicial District of Kortrijk are competent.