GENERAL TERMS AND CONDITIONS

1. The courts of the Turnhout district are exclusively competent to settle any disputes concerning this offer or agreement and Belgian law exclusively applies.
2. Except as otherwise expressly agreed in writing, the present terms and conditions apply to all our offers, sales and deliveries, excluding any other terms and conditions of the buyer.
3. Unless they have an express written power of attorney, our representatives are not authorised to bind our company or receive payments. All offers, sales and receipts must be signed by two directors or their proxies.
4. All offers are free of engagement. In case of a price increase between the order date and delivery date, the new price, applicable upon delivery, will be owed.
5. The delivery period is only given indicatively. Contrary to articles 1610 and 1611 of the Civil Code, any exceeding of this period will by no means result in any compensation being owed, nor the annulment of the agreement.
6. Even if the transport costs are at our expense pursuant to a separate, written agreement, our goods will always be transported at the buyer’s risk.
7. Any delivery shortage or visible defect must be reported in writing, on a check-joint basis and in the presence of the carrier or his proxy upon delivery, by means of reserves on the waybill, and, on penalty of lapse, must be reported to the seller by registered letter within 6 calendar days of the delivery date.If goods are collected at the company’s premises, the buyer, on penalty of lapse, must inform the seller by registered letter of any complaint regarding any delivery shortage or visible defect within 6 calendar days of the collection date. The hidden defects warranty is limited to 21 calendar days from the date on which the goods were delivered or should have been collected. On penalty of lapse, the seller must be informed by registered letter of any relevant complaints within 6 days of their determination, and such complaints must in any case be filed within a period of 27 calendar days of the delivery date. If the packaging mentions a shorter shelf life, any complaints must be reported within this shorter period. Complaints are not admissible if the buyer has already treated, processed, used or forwarded the goods. The onus of proof that the goods, to which the complaint pertains, are the same goods as those delivered by the seller, rests with the buyer. If the complaint is considered valid, the seller will have the choice of replacing or repairing the damaged goods. Any other compensation is excluded. Any complaints whatsoever do not suspend the buyer’s payment obligations.
8. In case of force majeure, the seller has the right to annul the agreement, without being obliged to pay a compensation.
9. Unless stipulated otherwise in writing, all our invoices are payable in cash without any deductions and discounts, at our registered offices in Grobbendonk. Any offsetting against any other amount receivable from the seller is excluded. On penalty of lapse, any complaints regarding the invoice must be filed by registered letter within 6 calendar days of the invoice date. Any amount unpaid on the expiry date will be increased legally and without any prior notice of default with a 1% interest per month. In case of non-payment of the invoice on the expiry date, any amounts owed will also be increased with 20%, with a minimum of 100.00 euros, by way of fixed compensation, legally and without any notice of default. Any late payment gives the seller the right to suspend or annul any contract being implemented, but not yet carried out, without the seller owing any compensation. Any amount owed, even if not expired, will become immediately claimable in such case.
10. The delivered goods’ ownership only passes to the buyer if he has fully paid the price thereof and after the buyer has met any obligations stemming from this delivery. In case of late payment, the seller has the right, without prejudice to any other rights and legal remedies, to take back the sold goods without any notice of default or judicial intervention being required.
11. Any bankruptcy, liquidation, composition request, suspension of payment, request for an amicable or judicial settlement of the buyer will result in the immediate claimability of all invoices. In such case, the seller has the right to suspend or annul any contract being implemented, but not yet carried out, without the seller owing any compensation.
12. Without prejudice to the application of any other clauses of these general terms and conditions, the seller has the right to consider the purchase legally annulled in case of the buyer’s entire or partial non-fulfilment of his obligations, not remedied within 6 days of a reminder. In any cases of annulment at the buyer’s expense, he will owe a fixed compensation of 15% of the purchase price, without prejudice to the seller’s right to claim the additional compensation of any additional damage and the payment of any future costs in order to bring the goods into the seller’s possession again and/or return them to their original state.