Terms of service

01: The present terms and sale conditions are applicable to all the offers, sales and deliveries made by the seller, unless otherwise explicitly agreed in writing by the seller. By placing on order with the seller, the buyer accepts the present terms and sale conditions.

02: In case of contradiction between the general terms and conditions of the buyer and the present general terms and sale conditions, the present general terms and sale conditions shall be applicable and have priority over the buyer's terms and conditions.

03: No offer, promise of sale or contract, whether or not in accordance with the present terms and sale conditions, shall be valid unless confirmed in writing.

04: By completing, signing and handing over the order form, the buyer makes an offer binding him. The buyer must sign and return the order confirmation to the seller within 8 days. The buyer is not entitled to alter his order once the signed order confirmation has been received by the seller. The seller is entitled to accept or not accept the buyer's offer. The seller also reserves the right to accept only part of the offer.

Refusal, either wholly or partly, of the buyer's offer by the seller shall be confirmed in writing not later than two months after receipt of the order.

The seller's representatives are not authorised to accept an offer on behalf of the seller and to bind him. Acceptance of an offer by a representative of the seller is subject to the seller's right lo refuse the order, either partly or wholly. 

The catalogues and price lists sen by the seller do not constitute an offer of sale from the seller. The catalogues and price lists remain the seller's property.

Descriptions and reproductions of goods in catalogues, magazines or other documents or al exhibitions or shows are only indicative and they do nol bind the seller to supply exactly the same models.

Reasonable differences between the exhibited or reproduced models and the goods sold are accepted by the buyer without any damages, discount or right to cancel the sale.

05: The arranged term of delivery is only approximate and does not bind the seller. The seller reserves the right to supply the goods in different lols, to be determined by the seller. Delivery beyond the agreed indicative term of delivery shall not entitle the buyer to cancel the contract nor to claim damages.

The goods are supplied "ex works" of the seller, at the expense of the buyer, who shall bear the risk of the goods from the moment the goods are delivered to him or collected by a third party mandated by the buyer for this purpose. The risk inherent to any total or partial loss or total or partial deterioration of the goods shall be borne by the buyer from such time as ill, or any third party mandated by the buyer for this purpose, takes possession of the goods.

06: Until payment in full to the seller for the goods, the goods shall remain the property of the seller. Notwithstanding the foregoing, the risk in the goods and all liability to third parties in respect thereof shall pass to the buyer on delivery.

The buyer may sell the goods in the normal course of his business but on condition that the buyer, in a fiduciary capacity as bailee of the goods, and for so long as he has not fully discharged his debt to the seller, shall hold and pursue claims for the proceeds of their sale equal to the price of the goods for and on behalf of the seller.

The buyer shall fully pursue such claims and if necessary shall recover the sums due by legal process. The buyer shall if so required by the seller, allow the seller to conduct in the buyer's name legal proceedings in respect of the moneys due on the sale of the goods. Any sums recovered by the seller as a result of such proceedings (including sums accepted by the seller in settlement thereof wether or not equal to the sums claimed) shall be applied to the payment of the moneys due to the seller from the buyer and then to the reasonable costs incurred by the seller in the course of such proceedings. Any balance remaining shall be paid to the buyer.

The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill of exchange or by any other arrangement nor shall any such act constitute a novation.

07: In case of apparent defects the buyer shall protest at the time of delivery. Any other defects in the goods shall be made known by letter sent by the registered mail to the seller not later than 15 days following delivery. After the expiry of the above mentioned terms no claim shall be accepted. The seller's obligation of guarantee concerning defective goods shall in any case be limited to the replacement of the defective goods by goods in a good condition or at the seller's option, by reimbursement of the price of the defective goods.

The seller shall have no obligation to pay any other compensation as a result of direct or indirect damage and the buyer guarantees the seller against any claim possibly made by third parties in this respect,

Return of defective goods shall not be accepted unless explicitly agreed in writing by the seller, Returned goods and replacement goods shall travel at the buyer's risk and expense.

08: Force majeure releases the seller from his obligations. If as a result of force majeure the Refusal, either wholly or partly, of the buyer's offer by the seller shall be confirmed in writing seller cannot temporarily comply with his obligations, the seller may decide either to cancel the not later than two months after receipt of the order. contract without any right to damages for the buyer, or to comply with his obligations subsequently.

09: If the elements on which the sale price is based change, the seller is entitled to adapt the sale price accordingly.

10: The invoice is payable in EURO at the seller's registered office or on a financial account to be specified by the seller. Unless otherwise explicitly agreed in writing, the invoice is payable at the lime of delivery of the goods. The seller is always entitled to postpone delivery and the seller is also released from any and all obligations of guarantee as long as the buyer does not comply with his obligations of payment, even if they refer to previous deliveries. Interests of 1.5% per month are due ipso iure without any notice being required, with o minimum value of € 250,00. Delay in payment of one invoice entitles the seller to demand and receive full and prior payment for any and all remaining orders for goods.

11: The buyer is not entitled to set off any debt owed by the seller to him against his own obligations of payment.

12: If the buyer wishes to cancel his order, which he cannot do unless explicitly authorized in writing by the seller, damages are due, say a lump sum representing 50% of the value of the cancelled part of the order. The seller may consider an order cancelled by the Buyer should there be total or partial non-payment by the buyer, of any previously delivered goods, or insolvency, liquidation, bankruptcy on the Buyers part or should the guarantees provided by the Buyer be lessened.

13: The seller's liability for any reason whatsoever is in any case absolutely limited to the amount of the invoice.

14: The seller is released from all and any liability, unless legal proceedings are started against him within six months following delivery.

15: The Courts of Antwerp have exclusive jurisdiction to hear and try disputes possibly arising between the seller and the buyer.

16: Only Belgian law shall apply to the present contract. However, application of the Act of July 15th 1970 ("Uniform law on the international sale of movable tangible property") is explicitly excluded.