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GENERAL TERMS AND CONDITIONS OF SALE
By placing the order, the buyer is deemed to know the general terms and conditions of sale hereinafter described and to accept them without any reservations. No modification can be made to these terms and conditions, except the explicit modifications we make in handwriting.
Each order is irrevocable, independent of the fact whether or not an advance payment has been made. In case the customer refuses to take delivery of the ordered goods, the seller has the choice either to compel him by judicial way or to claim compensation amounting to 30% of the agreed price (without taxes), as fixed damages for the cancellation of the sale.
Our prices are the prices communicated when the order is placed, provided the delivery term does not exceed a period of two months. If the agreed delivery date exceeds said period of two months, the price to be paid will be the price in force on the date on which the delivery is available. The price increase does not entitle the buyer to cancel the contract.
Our delivery terms are fixed and final. They start on the date of payment of the advance payment. In case the agreed delivery date is not met, the customer has the right to dissolve the contract in default of realisation within a new term, which starts on the day following the mailing of a notice of default.
This new term amounts to 30 calendar days.
We cannot be held liable for any delay or deficiency in the delivery due to force majeure, nor for a lack of supply by third parties. In that case, we have the right to cancel or to dissolve the contract by means of a registered letter without having to pay any damages whatsoever to the customer.
Without prejudice to the articles 1641 to 1648 of the civil code and the law of the 25th of February 1991 regarding the liability of defective products, we only offer the guarantee provided by the constructor and within the limits stipulated by the latter. In any case, the guarantee does not cover any damage caused by normal use, nor by modifications or inappropriate use of the goods, nor the possible consequences of the use of the goods that might result thereof.
Complaints must be communicated by registered letter within 48 hours.
Forwarding, even carriage-paid, is at the risk of the buyer.
Our invoices are cash payable, into our bank account at Kortrijk, except when explicitly agreed otherwise in writing.
All invoices that are not paid on their due date will ipso jure and without any notice of default being required, yield a default interest of 12% per year, as well as a fixed increase of 12% for internal costs with a minimum of EUR 50, to the exclusion of the judicial costs, if any.
In any case and to the exclusion of article 1583 of the civil code, the parties have explicitly agreed that the full ownership of the goods shall only be transferred when the sales price is paid in full.
Non-payment of an invoice on its due date shall entitle us to consider the sale as dissolved. At that moment, we will also be authorised to take back the sold goods from the customer, without prejudice to our right to receive compensation for our loss.
In case of dispute, only Belgian law shall apply and the courts of the judicial district of Kortrijk shall have exclusive jurisdiction.