1. With the exception of varying provisions in writing, confirmation of which is provided to the customer, all of our deliveries and sales are subject to the general terms and conditions of sale set out below. These terms and conditions apply notwithstanding every deviating or conflicting provision that could be stipulated in the exchange of letters, documents, order forms, and other forms and the like originating from the customer. Bu placing orders, the customer explicitly relinquishes any rights to invoke its own terms and conditions of sale or purchase.
2. Our price offers are valid for acceptance for a period of 30 days. The agreements concluded by our agents and/or representatives shall only be binding upon receipt of written confirmation from our side, including in the event the agents and/or representatives gave failed to disclose the conditional nature of their intervention.
3. Comments and remarks regarding the order confirmations we send must be reported by the customer in a letter sent by registered post within 48 hours of the date of the confirmation. After this period, no further claims of this nature will be accepted and the customer will be required to accept the order as specified in our confirmation.
4. With the exception of special and explicit guarantees, the delivery term stipulated by the customer is not strictly applicable. Delays in delivery, regardless of their scope, will not subject us to the payment of any compensation for damages. The term of delivery that we specify will only be disclosed for informational purposes, and is an approximation, without giving the rise to any obligation on our part.
5. We reserve the right to reduce the quantities to be delivered, or to cancel scheduled deliveries in the event it appears that the products sold are not made available by our suppliers or are unavailable in sufficient quantities. Our decisions in this regard will not provide reason for the demand of any compensation for damages.
6. Claims regarding the goods delivered, regardless of their nature, must be reported by the customer in a letter sent by registered post within 48 hours of the date of delivery. No further claims will be accepted after this date.
7. Notwithstanding the applicability of a deviation clause, the goods will be delivered to our warehouses in Putte. As a result, the goods are transported at the buyer’s risk.
8. All of our invoices are payable on our bank account. Different payment tools are available.
9. All invoices not paid in time will be subject to the payment of interest, by operation of law and without a demand for payment being required, in the amount of 1% per month, to be calculated from the invoice date. Moreover, a fixed-rate compensation for damages in the amount of 15% will also be owed over the outstanding amount due, by operation of law and without a demand for payment being required, and subject to a minimum of 40 Euros.
10. The non-payment of an invoice by the due date will cause all the amounts owed by the customer to become immediately payable. We reserve the right to cancel all the orders as yet to be delivered, even if they have already been paid for in full or in part.
12. As long as the buyer has failed to satisfy its payment obligation, the seller retains the right to suspend the fulfilment of its own obligations.
13. In the event of disputes, the district court of Nord Holland (Netherlands) shall gave sole jurisdiction.