Article 1.
In the absence of mandatory legal provisions to the contrary, these general terms and conditions apply to all of the COMPANY’s activities. These general terms and conditions, as well as any special terms and conditions of the COMPANY, are deemed accepted by its purchasers and suppliers, even if they contradict their own general or special terms and conditions. Any deviations from the present conditions must be recorded in writing and notified by a person authorized to bind the COMPANY.
Article 2.
The COMPANY’s offers are made without obligation. Orders are only definitive once they have been confirmed in writing and signed by a person authorized to bind the COMPANY. The COMPANY is released from any liability in the event of non-performance due to force majeure, strike, lock-out, etc.
Article 3.
Delivery times are given for information only. Goods travel at the purchaser’s risk, the transfer of risk taking effect as soon as the goods leave the COMPANY’s warehouses. The COMPANY reserves the right to invoice the goods as and when they are delivered, even if these deliveries are partial.
Article 4.
The goods sold by the COMPANY are guaranteed by the manufacturer against all manufacturing defects. The COMPANY is only liable for hidden defects unless it can demonstrate that the defect is undetectable. The COMPANY’s guarantee shall cease if the purchaser has not notified the COMPANY of his complaints by registered letter within one month of the sale. The COMPANY’s liability is limited to the replacement of the defective part, without it being liable for any reimbursement, compensation or damages of any kind and for any reason whatsoever.
Article 5.
Unless otherwise agreed in writing, all the COMPANY’s invoices are payable in cash at the COMPANY’s domicile. Failure to pay an invoice by the due date shall render all sums due immediately payable, regardless of any payment facilities previously granted. In the event of non-payment of a partial supply on the due date, the COMPANY reserves the right to cancel the balance of the order.
Article 6.
In the event of non-payment of an invoice on its due date and without prior formal notice, the debtor agrees to pay compensation set at 15% of the amount of the invoice due, with a minimum of €150.00, and interest at the rate set by the law of 02.08.2002 relating to the fight against late payment in commercial transactions.
Article 7.
The purchaser acknowledges that the goods remain the property of the COMPANY until full payment of the invoice and its accessories in the event of non-payment on the due date.
Article 8.
The dispatch of the invoice showing the final balance shall constitute a request for acceptance if this has not been carried out previously. In the absence of a complaint by registered letter within twenty days of the invoice date, the work will be deemed to have been accepted definitively and without reservation.
Article 9.
In the event of a dispute, other than the recovery of unpaid invoices, the parties undertake to first resort to mediation by appointing an approved mediator and to take part in two sessions of at least two hours in order to try to find an amicable solution.
Article 10.
All disputes shall fall within the exclusive jurisdiction of the courts of the judicial district of Verviers, Belgium, even in the event of a warranty claim or multiple defendants. However, the COMPANY reserves the right to summon before the Judge of the seat of one of the defendants. No method of payment or performance shall bring novation or derogation to the present express clause of exclusive attribution of jurisdiction. Belgian law shall be exclusively applicable.