When the buyer or customer places an order it is assumed that he expressly accepts our terms and conditions as they are stipulated below. The buyer shall explicitly waive the general conditions or special conditions that could occur on the letterhead of which he makes use.
The manufacturing of certain pieces sometimes requires a minimum number of pieces. The specified amount is approximately specified. We reserve the right to deliver 10% more or less, at the price of the order.
Save as otherwise provided our prices are without obligation and may be changed without notice, even in case of confirmed orders. They apply ex works, packing not included.
All the tools, devices, or components needed in the production, even if the customer due to intervention in the concept or by taking on part of the cost has become its co-owner, will remain unconditionally in our possession and may only be used by us, because they were manufactured and construed according to our own principles, methods and manufacturing standards. Each tool, device or component that has not been used for five years or is worn, may be destroyed by us. The broken down part remains our property. The contribution (monetary value) in the tool costs is always immediately payable (net) when submitting the order. Any delay on this payment affects the delivery term.
5. DELIVERY TIMES.
Strikes, fires, damages to material, difficulties in the development of manufacturing, delays in the deliveries of raw materials as well as any reason that could shut down production (as well as the recognised cases of force majeure) allow us to change our delivery times, to postpone the execution of the order or to destroy the order, without it affecting our responsibility. The delivery times are only approximate. Any delay in delivery may in no case result in the refusal of goods, destroying the order, damages compensation without prior consent and agreement. Unless otherwise stipulated, the ordered pieces should at the latest eight days after sending our message that they are available, be picked up. Failing that, we shall be entitled without notice and at our discretion, either to invoice the fabricated pieces and claim payment, or to consider the purchase agreement automatically dissolved and to claim damages. Warehousing costs are also charged.
In order to be accepted as admissible, complaints have to reach us at the latest 8 days after receipt of the goods. The complaint will always state the number and date of our delivery note or invoice. The guarantee is always and exclusively limited merely to replacement of the rejected goods, to the exclusion of whatever compensation. Our guarantee liability expires completely when any defect is the direct or indirect result of improper processing, use, treatment, storage, transport or any other external cause or when the buyer does perform changes or treatments or let them be done by third parties. The warranty liability will also expire completely when the buyer has not accurately fulfilled the agreed payment commitments. Complaints concerning transferred goods may not affect the contractual obligations resting on the buyer under earlier transferred goods and/or goods to be transferred, neither if these obligations result from the same agreement as those to which the complaints refer.
Are only allowed after our prior consent. The goods must be delivered back to us free of charge.
The goods always travel at the expense and at the risk of the addressee, even when they are sent free of charge. The inscriptions on bills of lading, proofs of receipt and shipping notes are probative of the dispatched quantities. The client must therefore carefully check them upon receipt.
All our invoices are payable 30 days from the end of month, net without discount, unless otherwise provided by us. For any amount not paid on the due date interest is payable with full right and without reminder, from the due date, at 12% per year. Each non-payment on the due date shall also make all other amounts due payable immediately regardless of the agreed term. The compensation between the amounts which are owed to us and which we would have to pay, will in each case be able to be claimed by us. We reserve the right to ask for guarantees, financial or other, which we would consider appropriate, even during the execution of an order. In addition, the amounts due as such, if not paid on the due date, will be increased with a fixed and none reducible fee that is contractually fixed at 15%.
10. LEGAL JURISDICTION.
Any dispute that may result from interpretation or execution of the order will only and exclusively fall under the jurisdiction of the courts of Brussels or the Peace Court of the 1st canton of Brussels.