GENERAL CONDITIONS OF SALE
1. These general terms and conditions apply to all our contracts, unless different conditions have been agreed in writing during a specific contract. In the event of silence on the specific conditions for a specific contract, these general terms and conditions of sale remain applicable. By the very fact of his order, the customer expressly acknowledges submitting to our general terms and conditions of sale and undertakes not to rely on those which could appear on purchase orders, letters, invoices, etc. Our company will never take into consideration the customer's general terms and conditions of purchase or sale, unless formally, expressly and in writing accepted by us.
2. Our offers are always without obligation. Orders and agreements accepted by our agents are only valid after written ratification by us. Our agents are not otherwise authorized to collect, unless otherwise provided.
3. Our goods are deliverable and payable at our factories and warehouses, unless otherwise agreed in writing, in full cash without discount. The creation of commercial paper as well as the acceptance of securities in payment never constitutes a derogation from this clause. The goods travel at the buyer's risk.
4. Ownership of the goods shall not be acquired, by way of derogation from Article 1583 of the Civil Code, until payment of the price of the goods and any accessories to this price. The goods shall therefore remain our property until this final payment, with the right to repossess them wherever they may be found, incorporated or not.
5. Any failure to pay in cash, or within the special deadlines agreed during special contracts, will automatically and without any prior formal notice incur interest of 8% per year, from the day of invoicing. The same shall apply to any deposit or partial payment agreed during a special contract, if it is not made on its due date. In the event of non-payment on its due date of an invoice or deposit, the amount of the sums due will be increased as a lump sum, irrevocably, without formal notice, by an amount corresponding to 12% of what is due, with a minimum of €40.
6. No, we always reserve the right, in the event of non-payment of an invoice, a deposit or a due date, to cancel any sale due to the buyer's fault, any sum paid up to that point being definitively acquired by the seller.
7. Any refusal by the buyer to take delivery of the goods sold, despite formal notice, shall result in the buyer being liable for damages fixed at a flat rate of one third of the cash sale price.
8. Under penalty of forfeiture of the guarantee granted by the seller, no modification or work may be made to the item sold without our consent.
9. Unless otherwise agreed in specific contracts, any delay in delivery shall not give the buyer any right to terminate the contract or to damages.
10. Any claim relating to the goods, any dispute relating to the establishment of an invoice must, to be valid, be sent by registered letter to the post office within 10 days of receipt of the goods or the invoice. Upon expiry of this period, the goods will be deemed to have been definitively accepted, any request for dispute being conventionally considered late, and the invoices will be definitively accepted.
11. Any dispute between parties will be brought without exception before the Nivelles Court, without the client being able to refer the matter to another Court, even by way of incidental claim, appeal in warranty in intervention or declaration of joint judgment.
12. Unless otherwise agreed, delivery costs shall be borne by the buyer.