General sales conditions
ARTICLE 1: All shipments, even free, are done at the risk and expense of the customer. Transfer tax and/or VAT, as well as all transport expenses are always borne by the buyer.
ARTICLE 2: Administration charges: orders under 300 € are increased by 25 € for administration charges.
ARTICLE 3: Complaints: All complaints must be motivated. They should be addressed in writing and directly to the company ACB-WJ, per registered letter per mail and must reach us subject to forfeiture (postmark serves as proof):
a. for complaints regarding goods: within eight days receipt of invoice.
b. for complaints involving the invoice: within fourteen days after receipt of the invoice.
ARTICLE 4: Delivery dates: Delivery dates are always approximate. Failure to comply with them cannot give rise to termina- tion of the Agreement or to any claims for compensation or a price reduction on behalf of the client.
ARTICLE 5: Retention of ownership: All supplied goods remain property of ACB-WJ until the moment of complete payment
of the invoice amount, interests and accompanying expenses. The buyer undertakes not to mix the delivered goods with other goods or to sell them until paid in full. A further sale, before complete payment, is only possible with authorisation from ACB-WJ. The delivery object cannot be pledged or passed on. The buyer is nevertheless completely responsible for our goods and is responsible in the event of possible losses. All deliveries are suspended in the event of default.
ARTICLE 6: Purchase price: The purchase price as valid on the day of delivery, shall apply. If the factory prices have increased between the date of the agreement and the delivery, an amendment will be made, in this case, an increase of the agreed upon price.
ARTICLE 7: Interest on late payment: All our invoices are always payable in cash in our offices in Lummen, unless otherwise negotiated up front, with a maximum of 1 month after date of invoice. In the event of non-payment on the due date, a late fee of 10% will be payable per annum and this without prior notice, notwithstanding Article 1146 of the Civil Code.
ARTICLE 8: Bills of exchange: if the buyer accepted bills of exchange in order to pay debts and one of the bills of exchange is unpaid or returned disputed, the entire amount of yet to expire bills of exchange are immediately and completely claimable. The same applies if payment terms are allowed but not observed.
ARTICLE 9: Discount: No discounts are allowed, unless these are specifically stipulated before the agree- ment.
ARTICLE 10: Refund of deposit: the deposits paid by the buyer should under no circumstances be refund- ed and always, without exception, remains vested by the seller ACB-WJ notwithstanding any other rights. In the event of termination of any agreement by the purchaser at least a fixed compensation charge of 10% is charged notwithstanding all further rights of ACB-WJ
ARTICLE 11: Repossession: Supplied goods are never taken back, unless expressly agreed upon in the particular conditions.
ARTICLE 12: No guarantee is permitted on the supplied goods, unless this is specifically agreed upon in the particular conditions. The responsibility of ACB-WJ is always strictly limited to the replacement of the supplied goods, excluding any compensation.
ARTICLE 13: Nature of the supplied goods: In case of a shortage of damaged goods the recipient must contact the trans- porter. A received order may not be destroyed. Every violation will result in repayment of the expenses incurred by ACB-WJ and all other damages.
ARTICLE 14: Changes to the order: The change to the order made by the buyer will only be valid if the change is requested in writing, and accepted by ACB-WJ.
ARTICLE 15: Damages and accidents: ACB-WJ does not assume responsibility for damages or accidents that could result from the use of our goods by a client or an external party.
ARTICLE 16: Changes made by the buyer: The changes made by the client - buyer to the delivered goods, absolves the seller ACB-WJ fully and finally from any liability and responsibility pertaining to the goods.
ARTICLE 17: Compensation: In the event of a short payment on the due date resulting from negligence
or bad faith, the buyer loses ipso facto all rights to possible discounts and the invoice amount will be increased by 10% without prejudice to all expenses, by way of contractual damages clause and without notice (Article 1147 - 1152 of the Companies Code).
ARTICLE 18: Only the courts of the district of Hasselt are authorized in the event of a dispute.
ARTICLE 19: The non-payment on the due date of one invoice makes the payable balance of all the other invoices, even those that are not due yet, legally claimable with immediate effect.
ARTICLE 20: If the buyer fails to fulfil his obligations the sale is automatically terminated without notice and without prejudice to our rights to claim damages and interests. The expression of a registered letter from us will suffice for this.
ARTICLE 21: If we lose faith in the creditability of the buyer by acts or judicial foreclosure against the buyer and / or other events that draw confidence from the proper execution of the commitments entered into by the buyer and / or make it im- possible, we reserve the right, even if the goods have already been dis- patched fully or partially, to suspend the entire order or part thereof and claim suitable guarantees from the buyer. If the buyer refuses to comply with this, we retain the right to cancel the entire order or a part thereof. All of this without prejudice to our rights to damages and interests.