1. Any order placed directly or indirectly with us shall not be accepted until we have confirmed it in writing. Unless expressly stipulated in writing in the contract, our sales are governed by the present general terms and conditions, which furthermore destroy and replace any general terms and conditions of our purchasers. If this contract deviates from certain clauses, the remaining clauses shall nevertheless remain in force.
2. Our sales are made against cash payment, unless a term of payment is explicitly agreed upon. The acceptance of cheques or bills of exchange does not change this. Any term of payment stipulated may only be maintained insofar as it is approved by our credit insurer. In the absence of such approval or in the event of suspension of the authorised credit, we reserve the right to stop all deliveries as long as all invoices have not been paid and to demand cash payment on each subsequent delivery.
3. Any amount unpaid on the due date shall, without prior notice of default and by operation of law, be increased by conventional interest equal to 10% per annum, a fixed compensation for collection costs of 10% and which shall amount to a minimum of 75 Euros per invoice and any lawyer's fees incurred. Tacit waiver of these increases cannot be presumed. No deduction by way of guarantee or otherwise is permitted without our prior written agreement.
4. The delivery periods stated on the contract are for information purposes only. Delays in delivery may under no circumstances give rise to the cancellation of the contract or to compensation by the seller. The goods are transported at the buyer's risk.
5. Complaints concerning the non-conformity of the goods delivered with the goods ordered must be made within 48 hours of receipt of the goods. The burden of proof of non-conformity lies with the buyer. Complaints concerning a visible defect of the delivered goods or concerning the invoice must be notified by registered letter within eight days after delivery or receipt of the invoice. Possible complaints do not suspend the claimability of the amounts. Returns of goods, whether accepted or not, do not imply acknowledgement by the seller of the possible defective nature of the deliveries.
6. If the good quality or the quality of the goods delivered is disputed, any liability on the part of the seller arising from this shall be limited to a maximum of the invoice value of the goods delivered. Under no circumstances shall the seller be obliged to compensate any consequential damage.
7. In the event that the buyer cancels the sales agreement, he shall owe compensation of one third of the total value of the order, subject to a higher damage on the part of the seller.
8. If several purchasers enter into a sales contract together, they commit themselves jointly and severally to the seller.
9. Cases of force majeure, causes attributable to our suppliers, carriers or postal services shall suspend the performance of our obligations. In addition, the seller shall be free to choose to terminate the contract, without compensation, but with reimbursement of any advance payments made.
10. Circumstances which were difficult to foresee at the time of the conclusion of the contract and which do not make it impossible but unreasonably onerous for the seller to perform his obligations shall allow the seller either to adapt the contract to these changed circumstances or to terminate the contract without compensation. In the event of an amendment to the contract, the purchaser shall be entitled to rescind the contract.
11. We shall retain ownership of the delivered goods until the Buyer has paid the price in full. Nevertheless, the purchaser bears the risk of damage, loss or destruction of the goods.
12. Disputes arising from this contract fall under the exclusive jurisdiction of the courts of Turnhout and the peace court of Westerlo. This agreement is governed by Belgian law.