general sales conditions

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  1. APPLICATION
    These general terms and conditions of sale apply to all orders transmitted to us. The customer is deemed to accept them by the mere fact of his order. These conditions take precedence over any conditions of the buyer.
  2. OFFER AND PRICES
    The communication of prices shall be considered as information. They bind our company only after written confirmation. Comments on our confirmations must reach us within eight days to be taken into account. The sending of samples and notifications shall be regarded as information and only provide an approximate description of our products. We refuse any liability in the event that our products should prove unsuitable for special purposes for which the buyer or his customers intended them. In any event, our liability does not exceed that of our suppliers.
  3. TERMS OF DELIVERY
    Delivery periods are given as information and orders are sent in turn. Even if our company undertakes to deliver by a certain deadline, this delivery may be suspended not only due to force majeure, but also due to serious difficulties inside or outside the company. We reserve the right to suspend delivery for the duration of these difficulties, even to abandon delivery, without being liable for any compensation in this respect.
  4. FORWARDING – TRANSPORT
    Shipment may be fractionated according to our company’s choice. Acceptance and passing of risks shall take place on departure from our establishment, transport being at the expense and risk of the buyer.
  5. FACTURATION
    Prices in foreign currency are fixed at the rate of exchange on the day the goods are made available. Any change in this parity shall give rise to proportional adjustment. Any increase in import duties, transport costs, taxes and the like between date of sale and delivery shall be borne by the buyer.
  6. PAYMENT
    Unless otherwise stipulated in writing, our invoices are payable in cash at Drongen, net and without discount. The drawing and/or acceptance of bills of exchange does not imply a renewal of debt and does not constitute a deviation from the conditions of sale. Any amount remaining unpaid on its due date shall automatically and without notice of default bear interest at the rate of 8% per annum. In the event of non-payment on the due date, we reserve the right to increase the amount of the invoice by 15%, with a minimum of €100. The non-payment on its due date of a single invoice makes the balance due of all the other invoices, even those not yet due, immediately payable by right. This eventuality also allows us to suspend or abandon the performance of our commitments, without being liable for any compensation for this.
  7. RETENTION OF TITLE CLAUSE
    The goods remain our property until full payment of the price. All risks are borne by the buyer. Advances paid remain acquired by us as compensation for possible losses on resale.
  8. GUARANTEES AND COMPLAINTS
    The buyer is obliged to check the goods upon receipt with regard to their identity and quality. A complaint will not be accepted unless the inspection has been carried out. To qualify, any complaint for defects must be notified to us within five days of delivery. A guarantee for hidden defects will not be given. No guarantee is given: a) for visible defects when the goods have been processed or treated. b) for hidden defects if the indicated instructions for use have not been followed or if the goods have not been treated judiciously. Our obligations are always limited to replacing or repairing the delivered goods free of charge, without any additional compensation. Any damage or shortage is only accepted after a protest at the time of receipt. Warranty on the pool works and construction expire if works are carried out by third parties (renewals, repairs, etc…).
  9. PACKAGING
    If the vendor makes packaging material available for delivery against a deposit, our packaging conditions shall hereby apply. A copy of these conditions can be obtained from the seller on request. The warranty expires if the packaging is not returned to the seller within 2 months.
  10. DAMAGE
    In the event that the sale is cancelled at the buyer’s expense, the buyer shall owe us damages fixed at 20% of the amount of the sale, or of the cancelled part thereof, subject to the reservation that these damages shall be increased on the basis of the actual and proven damage, as well as the costs incurred by us as a result of the cancellation.
  11. JURISDICTION – LAW
    In the event of a dispute, only the courts of the district of Oudenaarde Ghent are competent to take cognisance of the dispute.
  12. DISPUTES
    Our company trusts that the buyer is legally in order with all necessary permits to be allowed to sell the goods offered by us. If this is not the case, the seller is not responsible for any disputes and returns will not be accepted as a result.
  13. DISPUTES
    Competent court of commerce: RPR GENT, department Gent

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