1. Our general sales conditions are assumed to be known by the buyer: the absence of any response within eight days after the cognizance, will cause opposability and this also for the subsequent agreements. These have absolute priority over the order and / or sale terms, even if the latter stipulates the opposite.
2. All invoices and merchandises are to be paid in cash in Turnhout.
3. Should the invoice not be paid in cash it is then agreed between the parties that starting from the date of the invoice a conventional interest rate of 1% per month and calculated on the invoice amount becomes demandable without previous reminder contrary to art. 1652 of the Civil Code.
4. Should payment of this invoice not occur in time an additional fixed entitlement to damages becomes demandable equalling 20% of the invoice amount, without prejudice to the right of the above stated conventional interest rate as well as the legal costs if any by implementation of art. 1152 and in contradiction with art. 1153 p 1 of the Civil Code. The demand to that respect is equally ours by right without a previous reminder being required this contrary to art. 1153 p. 3 of the Civil Code. These damages add up to a minimum of € 50,- This is being agreed upon a fixed manner between the parties in order to avoid possible difficulties in proving the amount of the damages resulting from the delay in payment of the invoice and consisting among others of additional administrative costs inflation pre-payment of commissions and/or wages disturbances of the administrative and financial forecasts etc.
5. In case of overdue payment, the seller reserves the right, without subpoena, to discontinue its performance, whether or not stemming from current, previous or subsequent contracts, and only to resume, subject to other provisions, as of regularization of the payment.
6. Financial guarantees:
Should it transpire after agreement has been reached but before payment has been settled in full that the buyer is experiencing credit difficulties or should the buyer’s creditworthiness diminish, especially in the following cases: requests for payment deadlines, problems of solvability , protests, seizure of all or part of the buyer’s goods at the request of a creditor, delay in social security payments and so forth, the seller reserves the right to demand the guarantee he deems necessary to ensure proper fulfillment of the relevant obligations, even after delivery of the goods. The refusal to comply with this request gives the seller the right to wholly or partly cancel the agreement. No letter of formal notice is required for this purpose.
7. All complaints are to be filed to us by registered mail within 8 days after delivery. Complaints with respect to product damage need to be supported by visual material. The submission of a complaint does not give the customer the right to delay payment of the goods.
8. Overdue delivery does not give entitlement to damages.
9. Goods being delivered “free-house” means that the delivery is being made on the ground floor behind the door. Any costs for the use of an external elevator or a pulley will be charged at the going rates.
10. Special clause concerning the delivery of heavy safes : The buyer holds the responsibility to provide a complete even surface and basis that can adequately hold the load over the total length of the delivery distance indoors. Furthermore the possible threshold as well as the tiles on the floor should be adequately strong to uphold the load of the object being delivered. Therefore the seller cannot be held responsible for any possible damage during delivery and installation of the said object as specified in this order that is the result of whatever possible imperfection of the surface. In case the safe is anchored, the buyer must advise us on the danger of damage to underlying lines (water, gas, electricity or other).
11. Our terms and conditions acknowledged and accepted by signing our order form, take precedence over the terms and conditions of the buyer.
12. Ordered goods are being invoiced at the latest 30 days after the delivery date as confirmed in writing even so if these goods were not yet delivered at the said date at the request of the buyer.
13. For purchases of less than € 25,- (excluding VAT) € 4,- administration costs will be charged.
14. Delivered goods remain property of the seller until the moment of full payment. In the event of sale the seller retains the option to claim the sum corresponding to the value of the goods sold. The retention of title is transferred to the re-selling price. Once the goods are delivered, the buyer bears all risks, including force majeure, destruction, and storage. The non-payment of one of the outstanding amounts on the due date, may result in the recovery of the goods. At discontinuation of a product, components can still be backordered during 5 years in the original or in a custom version.
15. According to the NFE standard, the manufacturer guarantees the possibility to obtain components and products, per unit, during the period of their industrial manufacture. The manufacturer commits himself during 5 years as of date of cessation of production of the range, to deliver the original functional elements or elements that perform equivalent functions.
16. In the event of judicial recovery or any other civil dispute about said invoice, the Courts of Turnhout are solely competent. Depending on the situation the Court of First Instance, Court of Commerce or the First Cantonal Justice of the Peace Court is competent.
17. This agreement is governed by Belgian law.