GENERAL TERMS AND CONDITIONS

The current terms and conditions regulate the contractual relationship to the exclusion of the buyer’s conditions of purchase.

Deviating conditions and agreements are only legally valid if they have been explicitly accepted by us in writing. We do not accept general terms and conditions appearing on documents of the buyer. In the event of acceptance of the buyer’s general terms and conditions, the current terms and conditions shall apply additionally.

1 Quotations – rates – order confirmations

The buyer is bound by the order. The vendor is only committed after having accepted the order in the form of an order confirmation. If the buyer fails to sign the quotation within 30 days after it has been sent, it will expire.

The agreed prices may be changed by the vendor due to circumstances such as changes in currency rates, fluctuations in the cost of raw materials and purchase conditions.

2 Delivery time

We will make every effort to deliver the ordered product within the agreed-upon time frame. In case of delay, the buyer cannot request contract termination or claim any compensation. If delivery periods are mentioned, they are only indicative and do not constitute an obligation of result for us. We reserve the right to make partial deliveries. In case of non-delivery of the products, any advance payments made by the buyer will be refunded without interest or other compensation.

Orders ready for shipment may only be delayed by the buyer at his expense and risk.

In this case, the goods shall be invoiced to the buyer immediately and the invoice shall be due and payable on its normal due date. In addition, storage costs may be charged.

3 Transport – delivery – acceptance

Delivery and acceptance of the goods shall take place or is considered to have taken place in the warehouses.

The buyer shall be admitted to the warehouses to inspect the goods before shipment or transport.

Only by special agreement shall the goods be transported by the vendor, at the buyer’s risk.

4 Retention of title and retention right

The goods remain the property of the vendor until full payment of the price. If the buyer fails to fulfil their obligation, the vendor has the right to terminate the purchase by notification of their wishes in writing. The risk of loss, theft, damage or destruction of the delivered goods passes from the time of delivery, regardless of the aforementioned retention of title.

As long as no payment difficulties arise, the buyer shall be entitled to process or handle the goods in the normal course of business, but not to pawn them or use them as collateral. In the event that our property is changed through processing, connections or blends, we acquire a corresponding co-ownership of the new product. In case of resale of our goods, the buyer’s resulting claims automatically pass to us. The transfer of claims between the parties dates back to the moment of concluding the agreement.

In case of possible payment difficulties, the buyer is obligated to communicate the quantity of remaining available goods, as well as the applicable claims due to resale.

Goods that are given on loan, e.g. moulds, shall remain as security for the outstanding claims of the vendor, who may therefore exercise a right of retention over them.

5. Payments.

Unless explicitly stated otherwise, all our deliveries are fully payable in cash at the firm without the right of retention. Payments to intermediaries are considered non-existent. In case of non-payment of the invoice on its due date, interest is due automatically from the due date, without prior notice, at a rate equal to the interest rate determined by the law concerning the combating of late payment in commercial transactions. In addition, by the mere fact of non-payment of an invoice on its due date, a fixed compensation of 10% of the invoice amount is due automatically and without prior notice of default, with a minimum of €125 and a maximum of €2,500. If we have to take legal action due to late payment and/or other disputes attributable to the buyer, the collection and other legal costs, including lawyer’s fees, shall be at the expense of the buyer. These costs are estimated at a minimum of 10% of the amount in question.

In addition, the vendor shall be entitled to suspend the performance of current contracts and, if applicable, terminate them.

Tooling costs shall be paid according to the mould maker’s terms and conditions.

6. Indemnification.

We are not responsible for visible defects that were not reported at the time of receiving the goods.

Unless otherwise stipulated, the vendor is only responsible for hidden defects if these have been reported within the period of 1 month after delivery.

The responsibility is in any case limited to the replacement of the faulty parts.

Under no circumstances shall we be obligated to provide a guarantee or pay compensation :

  • – in case of force majeure, which includes situations where the execution of the contract is entirely or partially, temporarily or not, prevented by circumstances beyond our control. Cases of force majeure include (but are not limited to): the absence of adequate utilities (electricity, water, etc.), illness of our employees and third parties engaged by us for the execution of the service, unforeseen measures taken by the government, traffic impediments, accidents with our means of transport or that of third parties engaged by us, unforeseen technical defects, fire, shortcomings in the fulfilment of agreements by our suppliers, terrorism and natural disasters, theft of materials required for the execution of the service, pandemic.
  • – in case of replacement of a material with an equivalent product;
  • – due to an act or the (in)voluntary fault of any person, including the buyer or their representatives, except for our own personnel;
  • – as a result of any use of the materials other than that which is reasonably foreseeable.
  • – for damage resulting from incorrect specifications or incorrect information provided by the buyer;

Notwithstanding the amounts possibly paid out by an insurance company for bodily and material damage under an insurance policy, the total compensation to which we could be held liable under our contractual and/or extra-contractual liability will not exceed the sums received from the buyer under this contract. All indirect damages, such as indirect, immaterial, and consequential damages, are excluded.

7. Insolvency

We reserve the right to withdraw from the contract if, after its conclusion, we receive unfavourable information about the buyer’s ability to pay:

This right is explicitly reserved to us in case of seizure at the expense of the buyer, application for WCO or any enforcement measure at the expense of the buyer or bankruptcy of the buyer. In this case, the vendor’s claims shall be immediately and fully due.

In the event of the opening of an insolvency procedure or in the case of seizure or any other case of concurrence at the expense of one of the parties, set-off shall be applied by law between all debts and claims between the parties existing at the time when the insolvency procedure, seizure or concurrence takes place, regardless of their due date, purpose or the currency in which they are expressed. This set-off will in any case be opposable to the curator and the other concurrent creditors, who will therefore not be able to oppose the set-off implemented by the parties.

In addition to the vendor’s right to demand the performance of the contract, an accepted breach of contract shall give entitlement to compensation for expenses and loss of profit of 30%, without the vendor having to provide proof of the extent or existence of such. Specific orders will have to be charged at 100% if they are not usable in an equivalent manner.

8. Data protection

The personal data communicated by the buyer are processed by us to enable the proper performance of the contract and to allow customer management. Personal data are treated confidentially and are in no case communicated to third parties, unless explicit consent was given or in case of communication to technical/logistics service providers to allow the delivery of the goods. The buyer has (in certain cases) the right to access, correct, delete data, restrict processing, transfer, restrict, and object. These rights can be exercised by means of a dated, written or electronic request (with a copy of the identity card). If the buyer believes that the processing of their personal data would constitute an infringement, they have the right to file a complaint with the Data Protection Authority (GBA-www.gegevensbeschermingsautoriteit.be) (Drukpersstraat 35, 1000 Brussel).

9. Jurisdiction and applicable law

Only Belgian law applies to all our agreements and, in the event of a dispute, the courts of the judicial district of Hasselt shall have sole jurisdiction to hear the matter. We reserve the right to sue before the court having jurisdiction over the buyer’s residence or the court having jurisdiction over the place where the obligation giving rise to the dispute arises or must be performed.

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