- These general conditions of sale replace all preceding conditions.
- We reject all sales and/or purchase conditions coming from clients or suppliers, only our terms and conditions of sale are applicable.
- The buyer is thought to know our terms and conditions of sale.
- The orders given to us are only valid after confirmation in writing.
- By ordering with us, the buyer implicitly agrees with our terms and conditions of sale.
- We reject all responsibility concerning damages caused by the use of our products.
- All data, technical and other, in catalogues, prospecti and commercial documents are estimate indications and are not binding, the same goes for any demonstrations.
- All studies, drawings and technical descriptions handed over by us, remain our property and should be regarded by the buyer as confidential. They cannot be given to third parties without our written authority, nor can they be used for other purposes than provided for in the delivery.
- If an article of our terms and sales conditions should be inconsistent with the law, only this article will be considered invalid.
- All our indicated prices are not binding whatsoever.
- All quoted prices are V.A.T and taxes exlusive.
- All our prices are based on delivery “ex-works”, this means : loaded on the truck on the premises of the Stavelse Metaalbouw nv.
- In case of an increase in prices, like materials, costs, wages duties, taxes, exhanges rates of foreign currency, etc.,we reserve the right to adjust our prices accordingly, even when the order was already confirmed by us in writing.
- Extra work will be charged separately, as soon as the amount to be charged is known. Extra work is: all that is, by mutual agreement, in writing or not, delivered, attached or performed more.
- Packing materials are never included in our prices. These are charged separately and they will not be taken back.
- The costs of loading and/or unloading goods delivered by the customer is not included in our price.
- We will not accept liability for any damage to delivered goods.
- Orders with a net value of less than 247,89 EURO will automaticly be increased with 24,79 EURO administration costs.
- All delivery periods are indicative. We set the delivery periods as accurately as possible, but they can never be considered as binding.
- The client cannot use a late delivery to cancel an order, to claim for damages, nor to refuse or reject payment.
- We will not be held responsible for any damages caused by late deliveries.
- If the client, in case of a delivery on demand, postpones the delivery date, we have the right to charge him for delivered materials and the work achieved.
- Even if the order was accepted with penalty clauses, no damages can be claimed in case of in Act of God. In these general terms and conditions, an Act of God means: any circumstance beyond the control of the tenderer, even when this circumstance could haven been anticipated when drawing up the agreement, that, permanently or temporarily, hinder the observance of the agreement, as well as the following: war, threat of war, civil war, revolt, strikes, the lock-out of employees, difficulties of transport, government measures, fire and other serious disturbances in the company of the tenderer or this supplier.
DELIVERIES AND PLACING
- The goods are considered “delivered”, with regard to the delivery period, when they, or important parts of the goods, following our judgement, are ready in our factory, or are ready for inspection or shipment.
- All deliveries are at buyer’s risk, even if delivered free domicile. If not mentioned otherwise in writing, all deliveries are “ex-works”.
- We, Stavelse Metaalbouw nv, are not responsable for any damage on our products caused during the unloading by and with our customer.
- The customer will always provide the necessary equipment to be able to unload the trucks in all safety.
- We are not responsible for any accidents during works on the spot because of the fact that certain employees of the customer are in the working environment at that time.
- The customer commits himself to taking all necessary safety precautions, like the removal of inflammable materials when welding, …
- The customer must provide the necessary place for the performance of certain jobs, at least one day before the arrival of our people, so they can start immediately. Any delay will be charged according to the hourly rate valid at that time.
- In case of deliveries of installations, the customer must provide electricity, water, air, telephone connections to the points of connection of the installation.
- We are not responsible for any accidents involving machinery during repairing activities performed by unauthorised persons.
- We are not responsible for damage caused by changes in our products made by the customer or by a third party.
- Our invoices are payable within 30 from the invoice date, unless we confirmed otherwise in writing. The drawing of bills does not affect this.
- Goods remain our full property until the complete amount of the purchase price has been paid to the tenderer, including eventual interests and costs.
- In such cases, the tenderer will have unrestricted access to the product. The customer will full cooperate with the tenderer to enable the tenderer to make use of the property reservation mentioned in part 2 by taking the product back, including andy necessary assembly or disassembly.
- In case of non-payment on the expiry date, automatically and without serving notice upon the debtor a negligence inerest of 1,5 % will be charged increased by the cash credit rate valid at that time.
- In case of recovery of the due amounts, the total amount will be increased by 20 %, with a minimum of 24,79 EURO.
- All recover, judicial and exchange costs will be at the expense of the customer.
- We reserve the right to suspend or cancel any orders when it appears that the buyer is not solvent or when he doesn’t pay regularly.
COMPLAINTS, DISPUTES, JURISDICTION
- Complaints should reach us, by registered mail, within 15 calendar days after the date of delivery. If this term expires without any written and detailed notification of founded complaints, the product is considered to be accepted.
- In case of dispute, only the court of Veurne (B) has competence in this matter.
- We are not responsible for the violation of patents, licences or other rights of third parties following the use of data given by or on behalf of the customer.
- We are not responsible for damage or loss, no matter what the cause may be, of materials, semimanufactured products, models, tools and other objects put at our disposal by the customber.
- We are not bound by any guarantee, unless explicity given in writing. Any guarantee will be settled in our special terms and conditions of sale.
- Are not included in the guarantee:
- non-observance of operating and maintenance instructions
- normal wear
- any assembling and/or installation or repairs performed by a third party,
- including the customer
the application of any government prescription concerning the nature or quality
- of the applied materials
- materials or objects used in consultation with the customer
- parts the tenderer got from a third party, if the third pary did not give any
- guarantee tot the tenderer.
- If the customer does not, not completely or not in due time comply with any obligation, resulting for him from the agreement with the tenderer or a related agreement, the tnderer is not bound by any guarantee with regard to these agreements.
- If the customer proceeds or has someone proceed to disassembly, repairs or other works with regard to the product without prior written authority from the tenderer, any liability normally resulting from the guarantee expires.
- If works have been executed to the machine by people who were not authorized by Stavelse Metaalbouw, the guarantee expires.
- If the tenderer replaces parts or products in order to comply with this guarantee obligations, the replaced parts or products become the property of the tenderer.
- No guarantee is given for inspections, consulting and other actions performed by the tenderer.
SPECIAL CONDITIONS :
- The customer shall take all necessary measures to prevent breach of environmental legislation. He can not claim any damage resulting from the use of our installations.
- All precautions should be taken to avoid that the products used with our installations arive on the ground and in case of such accident that they can be recovered.
- The customer can not claim any loss of product
- The customer can also not claim any loss of production due to any kind of machine failure of our installation.
TAKING OVER OF MACHINES
- The machines that are taken over, must be thoroughly cleaned by the seller. This means that no chemical residues may be present in it, otherwise these will be removed and processed at the seller’s charge.