TERMS OF SALES
1. These general conditions apply to all our contracts, unless different conditions have been agreed in writing on a specific contract. In the event of silence of the conditions specific to a specific market, these general conditions of sale remain applicable. By the very fact of his order, the customer expressly acknowledges that he is subject to our general conditions of sale and undertakes not to avail himself of those which may appear on order forms, letters, invoices, etc. Our company will never take into consideration the general conditions of purchase or sale of the customer, except formal, express and written acceptance on our part.
2. Our offers are always non-binding. Orders, agreements, accepted by our agents are only valid after written ratification from us. On the other hand, our agents do not have quality to collect, except special provisions.
3. Our goods are deliverable and payable at our factories and stores, except in writing, in full cash without discount. The creation of commercial paper as well as the acceptance of securities in settlement never constitutes a derogation from this clause. The goods travel at the buyer's risk and peril.
4. Ownership of the goods will only be acquired, by derogation from article 1583 of the Civil Code, after payment of the price of the goods and any accessories at this price. The goods will therefore remain our property until this last payment, with the right to take them back wherever they may be, incorporated or not.
5. Any failure to pay in cash, or within the special deadlines agreed upon in particular markets, shall automatically and without any prior formal notice run an interest of 8% per annum, from the date of invoicing. It will be the same for any installment or partial payment agreed during a particular market, if it is not made on its date. In the event of non-payment on its date of an invoice or a deposit, the amount of the sums due will be increased flat rate, irrevocably, without formal notice, by an amount corresponding to 12% of what is due, with a minimum of €40.
6. No, we always reserve, in the event of non-payment of an invoice, a deposit, a due date on its date, to terminate any sale at the fault and grievance of the buyer, any sum paid until then being definitively acquired by the seller.
7. Any refusal by the buyer to take delivery of the goods sold, despite formal notice, shall result in the buyer being liable for damages fixed at a flat rate of one third of the cash sale price.
8. Under penalty of forfeiture of warranty granted by the seller, no modification, no work can be made without our consent to the thing sold.
9. Unless otherwise agreed in specific markets, any delay in delivery will not entitle the buyer to termination of the contract or to damages.
10. Any complaint relating to the goods, any dispute relating to the establishment of an invoice must, to be valid, be sent by registered letter to the post office within 10 days of receipt of the goods or the invoice. At the end of this period, the goods will be deemed to have been definitively approved, any request for dispute being conventionally considered as late, and the invoices will be definitively accepted.
11. Any dispute between parties will without exception be brought before the Court of Nivelles, without the customer being able to seize another Court, even by way of incidental claim, appeal in guarantee in intervention or declaration of joint judgment.
12. Unless otherwise agreed, delivery costs are borne by the buyer.