1 : Competence
The contract is subject to the Belgian Law. All disputes fall under the exclusive jurisdiction of the Leuven Court and the Justice of the peace of Aarschot. In case of one article being contrary to the law, only this article will be considered as void.
2 : Application
Except for explicit, exceptional and written agreement, the following conditions of sale are valid. They are supposed to be known by the contracting parties and they prevail against those of the buyers.
3 : Complaints
All complaints and contestations shall be made in writing to be admissible : for complaints concerning weight and damage immediately after receipt of the goods; in all other cases within 7 days after delivery and in all cases before the use or resale of the goods.
A complaint does not postpone the obligation to pay. If a complaint is found justified, the seller will, at his discretion, allow a reasonable price reduction or arrange for another delivery at his own expense.
Return of the goods may only take place following the written approval of the seller. The seller will never be bound to compensate more than the invoice-value of the goods in question.
5 : Damage and rescission
In case the contract is cancelled by the buyer, the seller can claim damages equal to 20% of the contract's worth, under reserve of increase if the losses are higher.
When, due to force majeure, strike, lock-out, war, government measures and the like, the seller is in the impossibility to carry out the agreement, he retains the right to cancel the agreement without the buyer having the right to claim compensation.
The seller retains the right to consider the agreement as disbanded by law without serving notice upon the buyer, in case of bankruptcy, insolvency or whatever change in the legal state of the buyer.
6 : Property provisions
The goods sold remain the property of the seller until full payment of the invoice.
In case of non-payment the seller retains the right to take back the goods delivered without any mediation of a Court.
All risks to which the goods are exposed shall pass to the buyer upon delivery.
7 : Price, payment and delay in payment
The provided prices are merely approximate and not binding for the seller. He can change them at any time until the acceptance of an order.
In the event of overdue payments, interest shall be added to the outstanding amounts on the invoice by order of law and without prior notice of default at a rate of 1% per months as of the invoice date. In case of non-payment and if a demand by ordinary post is not responded to within 14 days, fixed compensation to the value of 10% of the outstanding amount with a minimum of 50 € and a maximum of 2,000 € will be due.
8 : Delivery
The goods are always dispatched at the buyer's risk, even in case of carriage paid.
In this case the goods are delivered on the doorstep at the delivery address.
If the buyer or a person appointed by him gives on the spot instructions to the seller's personnel to bring the goods to a specific place on his territory, than this can only take place under supervision and at the risk of the buyer.
Once the receipt is signed by the buyer for acceptance and approval, the buyer has no more means to recover from the seller, even in case of a delivery not in accordance with the order.
The terms of delivery are always approximate, they are observed as much as possible, but they are never binding to the seller.
A delay in delivery can in no case give cause for damages or interests due by the seller.