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General sales conditions

Article 1 – Reimbursement

These general sales conditions apply to our sales, subject to any changes made by either party with express agreement in writing. Any unaltered provisions in these general conditions shall remain unchanged.

Any submission of an order shall imply full and unconditional acceptance of these conditions. These conditions shall not be modified by any contrary or diverging provisions appearing in customer publications or purchase orders or in their general purchasing conditions. This is true, even if we do not protest against such provisions or conditions.

The contract shall be considered complete once an order has been received, we have issued in writing the order confirmation confirming the prices, the delivery time, the delivery conditions and any technical clarifications.

Any changes to our products and order confirmations shall only be effective where expressly confirmed by us in writing. Any commitments undertaken by our agents or representatives shall only be valid after written confirmation from our part.

ARTICLE 2 – CONDITIONS OF USE FOR OUR PRODUCTS

All of our standard items have been designed for use in accordance with the technical recommendations specified in our general catalogue and our technical information sheets. We shall not accept responsibility for any changes made to our products or any use other than that specified in our documentation.

For items made according to the customer’s specifications and drawings, the technical performance of these products remains the complete responsibility of the customer and our responsibility is limited to produce the products in accordance with the indications and dimensions indicated in these drawings.

The tolerance for items sold by weight is 10% of the quantities confirmed in our order confirmations.

ARTICLE 3 – PRICES

Except where otherwise stated, our prices are ex factory and do not include tax.

For any delivery arising from several grouped orders, where the total amount does not exceed €250, an additional administrative and management charge of €20 shall be applied. Minimal quantities apply to our products (please contact us for further information). If the quantity ordered is below the minimum, an additional production charge of €125 shall be applied.

Our prices may vary up until the time the order is confirmed depending on variations in the raw material. We therefore reserve the right to review our prices according to these variations up until the time the order is confirmed.

In the exceptional case of a significant variation in the raw material after the order has been confirmed, i.e. more than 30%, we reserve the right to review our prices and to apply the rate in force on the day the order is dispatched.

ARTICLE 4 – DELIVERY TIMES

Our delivery times shall be confirmed when the order is confirmed. The delivery dates stipulated in the customer order shall be considered as targets which we shall make every effort to meet.

Except where otherwise stated in writing, delivery times shall only be indicative and any delay shall not lead to cancellation of the order or to any compensation of any kind.

Where the purchaser does not receive the product at the foreseen delivery location, the purchaser shall still make the payments associated with the delivery by the usual due date.

ARTICLE 5 – PAYMENT CONDITIONS

Except where otherwise stated, invoices shall be payable within 30 days of the customer receiving the invoice and of the delivery date of the product to the delivery location specified in the contract (Ex works or delivery to the customer’s workshop).

Where the customer does not pay within the agreed payment period, the seller is entitled, from the following day, ipso jure and without prior notice, to the payment of interest at the reference rate, increased by seven points and rounded up to the nearest half point, as well as reasonable compensation for any relevant recovery costs incurred following the delayed payment with a minimum fixed indemnity of €50 plus interest.

The reference rate is the rate of interest applied by the European Central Bank to its main refinancing operation as specified by the Law of 2 August 2002.

In any case, our delivery obligation shall be validly suspended until the sums outstanding have been paid.

In the event of payment in full (where our account is credited within 15 days of the invoice date), a discount shall be applied to the invoice amount (excluding VAT). You shall be informed of the discount rate each year and it shall be reviewed in accordance with changes in the Euribor index.

ARTICLE 6 – TRANSFER RISK:

The risks associated with the product shall be transferred to the customer in accordance with the incoterms 2010 specified in our order confirmation.

ARTICLE 7 – GUARANTEE AND LIABILITY

Our products are only guaranteed with the tolerances specified or following the state of the art.

In the event of any hidden defects, claims shall only be admissible when confirmed in writing within 1 month of the defect being discovered and at the latest 9 months after delivery.

In the event of any hidden defects, claims shall only be admissible when confirmed in writing within 15 days of the defect being discovered and at the latest 1 month after delivery.

In the event of any corrosion to products, claims shall only be admissible when confirmed in writing within 15 days after delivery.

In the event of errored quantities, claims shall only be admissible when confirmed in writing within 15 days after delivery.

In the event of any visible defects or missing product associated with transportation and which is noticeable at the delivery time, the customer shall complete the CMR or the carrier’s delivery slip, clearly indicating the defects observed, and should send us a copy. We shall not accept any responsibility where the CMR or delivery slip has not been completed correctly.

The customer shall be responsible for providing proof of any damage or defects. In any case, claims shall only be admissible upon presentation of sufficient proof, including photographs, expert reports, defective parts, police statements,…

We shall guarantee our products against any duly proven hidden defects, provided that these are not caused by force majeure or incorrect use by the user.

Our liability shall be strictly limited to the direct costs of replacing or repairing and transporting the concerned product. In all cases liability shall be limited to the amounts of the specific value of the concerned product up to a maximum limit of €5000. Under no circumstances shall indirect costs or any other type of damages-interest incurred by the customer result in compensation.

ARTICLE 8 – RETENTION OF TITLE

Product shall remain our property until it has been paid for in full; The customer undertakes not to sell or transfer to third parties or alter the product whilst the product remains our property.

As owner of the product, the customer shall be responsible for any costs relating to its safe-keeping, risks and liability under all circumstances, including in the case of force majeure. The customer undertakes to keep our product identified prior to any use.

ARTICLE 9 – FINANCIAL GUARANTEES

Where the customer’s credit is brought into question or deteriorates for any reason whatsoever after the contract had ended, we reserve the right, even after partial dispatch of the product, to request from the customer any guarantees that we deem necessary for the effective fulfilment of the obligations undertaken. Any refusal to meet our request shall entitle us to cancel all or part of the contract, without any prior notice being required.

In the event of any of our product being resold, or altered, the customer shall henceforth assign to us, as a security, all debts arising from their resale.

ARTICLE 10 – CANCELLATION CLAUSE

In the case of non-payment of an invoice or application of the article ‘financial guarantees’, we reserve the right to consider the sale effected ipso jure, by the mere fact of having indicated our wishes to the customer by registered letter, without any prior notice being required.

We shall be entitled to recover the delivered product without any intervention by the courts. In addition, an amount equivalent to 15% of the price (minimum €1500) shall be owed in damages as well as the transportation costs for the product

We reserve the right to request any other damages arising from direct or indirect cancellation.

ARTICLE 11 – APPLICABLE LAW

The contract shall be governed by Belgian law. In the event of an objection or a dispute of any kind, the courts of Charleroi shall have exclusive jurisdiction and any clauses conferring jurisdiction that may be present in customer documentation shall not affect the application of this clause.

ARTICLE 12 – FORCE MAJEURE

Any instances of war, riots, strikes or lock-out, accidents, total or partial destruction of our workshops or shops, machinery breakdown, lack of fuel, lack of primary resources, worker illness, transport stoppages or difficulties for any reason whatsoever, bad weather, epidemics, national quotas or common market directive or customs procedures or any other circumstances involving an essential change to the economic situation shall be considered as cases of force majeure.

The parties expressly agree that any case of force majeure which is of particular detriment to the execution of the contract or which renders it unreasonable for our business, shall entitle us to dissolve the order, in full or in part, without damage s or interest, or to suspend execution of the order, in full or in part, until such time as the case of force majeure has ceased. In the event of a case of force majeure, we shall not be held liable for failure to comply with any or all of our obligations in respect of the order. In any case, the delivery time shall be extended by a period equal to the duration of the incident of force majeure.

Cases of force majeure which release our suppliers from their obligations shall also release us from our obligations us vis-à-vis our customers.

ARTICLE 13 – VALIDITY OF INDIVIDUAL CLAUSES

The nullity of one or more of the provisions in these general conditions shall not affect the validity of the remaining conditions.


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