General terms and conditions of sale | BOMA | Everything for cleaning and hygiëne

2. Persons for whose benefit these General Terms and Conditions have been formulated

The provisions in these General Terms and Conditions have been formulated for the benefit of:

BOMA, including its employees, directors, management and persons working for BOMA in any capacity

all third parties who have received or will receive instructions from BOMA

any person whose actions or omissions have resulted or will result in BOMA being held liable

all former employees directors and management members of BOMA and/or other persons who previously worked for BOMA in any other capacity

parent, sister, and subsidiary legal entities affiliated with BOMA

any beneficiaries of wills and legal successors of the persons referred to in paragraphs (2.1) to (2.5) of this Article 2

3. Quotations, offers and agreement

All quotations, price lists, offers and other communications by BOMA are always free of obligation.

The agreement between BOMA and the Buyer is only concluded after written confirmation by BOMA of the acceptance of the quotations and offers by the Buyer, or from the moment at which BOMA begins with the execution of the agreement.

Verbal undertakings by and agreements with subordinates of BOMA shall only be binding on BOMA after and insofar as they have been confirmed in writing by the relevant subordinate.

The person who signs on behalf of the Buyer declares by placing his (digital) signature that he is authorised to represent the Buyer and that all the necessary formalities have been fulfilled to this end.

4. Sizes, weights, drawings, illustrations and technical data

The sizes, weights and technical data mentioned in price lists, invoices, folders, catalogues, stock lists, circulars, electronic data carriers, websites and other advertising material of any nature whatsoever of BOMA, as well as the drawings and illustrations shown, are only approximate and free of obligation, unless explicitly agreed otherwise in writing. BOMA is not liable for inaccuracies in and deviations from the aforementioned data.

The intellectual property rights to the illustrations, drawings, diagrams and designs, models and shapes made by BOMA and/or on the instructions of the Buyer, and everything else related to the execution of the agreement, regardless of whether or not costs were charged for these, belong exclusively to BOMA.

The Buyer is not entitled to use, reproduce, publish or make known to third parties all or part of the documents mentioned in this clause or otherwise, other than for its own use, without BOMA's prior written permission.

The illustrations, drawings, diagrams and designs referred to in this clause, as well as in general on anything produced and/or published by BOMA, remain its full property and must be returned immediately upon request.

BOMA is not liable for inaccuracies in and deviations from illustrations, drawings, diagrams and designs etc. appearing in the information carriers referred to in clause 3.1.

5. Prices

Prices quoted by BOMA are always without obligation, in the sense that they are always based on the data supplied with the request and delivery ex-works, foreign currency exchange rates, insurance premiums, freight, margin regulations and other costs, and only apply to the quantities offered. Prices are exclusive of VAT and other government charges applicable to the sale and delivery.

If after the date of the agreement one or more cost price factors undergoes an increase, including but not limited to taxes, - even if this occurs as a result of foreseeable circumstances - BOMA is entitled to increase the agreed price accordingly. Unless otherwise indicated, prices are quoted per item and exclusive of VAT and other government charges applicable to the sale and delivery.

Trade discounts granted by BOMA only apply to orders with a gross value (exclusive of VAT) higher than a limit to be determined by BOMA in each case.

6. Delivery

Goods shall travel at the expense and risk of the Buyer, even if carriage paid.

If it has been agreed that transport shall be carried out by or on behalf of BOMA, delivery shall take place at the moment of delivery at the agreed place. Delivery need not take place further than where the means of transport can reasonably reach.

By offering the goods to the Buyer once, BOMA has fulfilled its obligation to deliver. The carrier's report shall always serve as full proof of (the offer of) delivery. If and insofar as there is a refusal of acceptance, the return freight, storage costs and other costs shall be entirely at the Buyer's expense.

The Buyer is obliged to accept the purchased goods immediately at the time they are offered to the Buyer.

If the Buyer refuses the offered goods, including, inter alia, the situation in which the Buyer fails to provide information or instructions necessary for delivery, the goods shall be stored at the Buyer's expense and risk. BOMA shall then have a right of retention on the goods for the original claim, plus the additional costs.
Moreover, in that case BOMA is entitled to dissolve the relevant agreement, without prejudice to its right to compensation.

For deliveries per delivery address with a total value below an invoice amount (excluding turnover tax) to be determined by BOMA in each case, BOMA reserves the right to charge freight costs, and an order surcharge shall be calculated in accordance with the surcharge rate applicable at the time the delivery is made.

BOMA is entitled to deliver sold goods in parts, unless a partial delivery has no independent value, in the case of partial delivery BOMA is entitled to invoice each part separately.

The delivery times specified in BOMA's order confirmation serve only as an indication and are not to be regarded as deadlines, unless explicitly agreed otherwise. Exceeding the delivery period does not give the right to compensation or cancellation of a contract. Late delivery can never be a reason to refuse receipt or payment of the goods. In the event of late delivery the Buyer must first give BOMA notice of default.

Without prejudice to the provisions under 6.8 above, if BOMA cannot comply with the agreement as a result of force majeure, BOMA is entitled and at its own discretion to:
1. suspend delivery until the situation of force majeure has ended
2. cancel the agreement in full or in part during the period referred to under 6.9.1), to cancel the agreement completely or for the unfulfilled part
insofar as this takes place by means of a single written notification from BOMA to the Buyer and without the Buyer or BOMA being entitled to claim compensation in respect of such cancellation; furthermore without prejudice to the Buyer's obligation to pay for what has already been delivered and to reimburse BOMA's costs already incurred. BOMA is obliged at the written request of the buyer to determine the choice referred to above under 6.9.1) and 6.9.2), within fourteen days of the date of receipt of the request.

In the legal relationship between BOMA and the Buyer, force majeure shall be: business disruption of any kind at BOMA, its supplier or carrier, insofar as the business disruption does not depend on the will of BOMA's directors and hinders, complicates or otherwise adversely affects the fulfilment of the contract for BOMA. Disruption of business shall also include any government regulation affecting BOMA's business or trade, as well as delays at suppliers, carriers or means of transport used by them or third parties.

7. Packaging

Loaned packaging shall remain the property of BOMA. The Buyer shall manage the loaned packaging with due care and shall not be entitled to modify it, dispose of it, make it available to third parties or use it for other purposes or products.

The amount of the deposit rates and the duration of the rent-free period shall be determined by BOMA from time to time and notified to the Buyer upon request.

BOMA shall not be liable for the consequences of errors committed in the manufacture or composition of the loaned packaging made available by BOMA. Loading or filling of transport material and/or packaging made available by the Buyer takes place entirely under the Buyer's responsibility, even if this is done by BOMA and/or BOMA has given advice or performed further activities with regard to this material or packaging. BOMA is entitled to refuse to load or fill such material or packaging, if in BOMA's judgement this material or packaging does not comply with the requirements which must reasonably be imposed on it in connection with safety. In the event of such refusal, BOMA shall not be liable for the consequences resulting from the delay. The provision in this paragraph does not apply if there is deliberate or gross negligence on the part of BOMA's management.

Insofar as a contradiction arises between the provisions under 7.3 and article 16 of these general terms and conditions, the provisions under 7.3 shall prevail.

Packaging must be returned complete and in good condition carriage paid to BOMA unless collected by BOMA.

If the packaging has become unusable or contaminated on account of the Buyer, BOMA is entitled not to refund any deposit, without prejudice to the right to claim additional damages.

8. Suspension, prepayment, provision of security and cancellation

BOMA is entitled to suspend all or part of the execution of the agreement if and as long as the Buyer does not comply, does not comply in full, does not comply properly or does not comply on time with any obligation towards BOMA ensuing from the agreement between the Buyer and BOMA.

BOMA is also entitled, if in its reasonable opinion the financial situation of the Buyer gives reason to do so, to demand payment in advance or security in the form of a bank guarantee, mortgage, pledge or surety, and in anticipation thereof to suspend full or partial implementation of the agreement.

Cancellation by the Buyer of a concluded agreement can only take place with the prior written consent of BOMA. If BOMA agrees to the cancellation, the Buyer shall owe BOMA compensation of at least 25% of what the Buyer would have had to pay BOMA if the agreement had been fulfilled, without prejudice to BOMA's right to full compensation for costs and damages.

9. Payment

Payment of invoice amounts must be credited to BOMA's account within 30 days of the invoice date at the latest. Deviating payment arrangements or cash payments, must be confirmed in advance by BOMA in writing.

The payment term referred to in clause 9.1 is a strict deadline. If full payment or full payment in instalments has not been made, or if a (non-)judicial moratorium, bankruptcy or a debt rescheduling arrangement of the Buyer has been applied for or is declared, the Buyer is deemed to be in default and from that moment on the claim against the Buyer is immediately due and payable and the applicable Dutch statutory commercial interest is due without further notice of default or summons, whereby a part of one (1) month is regarded as a full month over the outstanding due and payable amount (principal sum including credit costs of 1.5% per month and statutory commercial interest).

If BOMA has to take (extra-)judicial measures in connection with non-timely payment, all costs resulting from this shall be payable by the Buyer, which shall be at least 15% of the outstanding claim with a minimum of 50 Euro, without prejudice to the right to full compensation.

BOMA is entitled - irrespective of any deviating regulations or provisions - to apply all payments in a sequence to be chosen by BOMA to reduce what the Buyer owes BOMA in respect of delivery, interest and/or costs.

A waiver of the right to offset applies if the Buyer has applied for a moratorium and/or bankruptcy or debt restructuring, or has been declared bankrupt.

10. Retention of title and right of pledge

All goods delivered remain the exclusive property of BOMA until such time as the buyer has fulfilled all obligations ensuing from or related to contracts in which BOMA has undertaken to deliver, including claims relating to fines, interest and costs, including costs due to loss of value and/or repossession of delivered goods. Until that time the buyer is obliged to keep the goods supplied by BOMA separate from other goods and clearly identified as the property of BOMA, to insure them properly and to keep them insured, and to make the policy of this insurance available for inspection at BOMA's first request, and not to treat or process these goods.

Despite the retention of title, the goods supplied by BOMA are kept by the buyer at his own expense and risk.

If there is a well-founded belief that the Buyer is not fulfilling any obligation towards BOMA under paragraph 1 of this clause, or if there is a well-founded belief that the Buyer will not fulfil the aforementioned obligations, the Buyer shall be obliged to make the goods delivered under retention of title, any components and/or newly formed goods from these available to BOMA at first request. If the Buyer does not cooperate in this, BOMA is entitled, without prior notice of default, to immediately take possession of the goods supplied, for which purpose the Buyer hereby unconditionally and irrevocably authorises BOMA or any third party it designates to enter all those places where BOMA's property is located and to claim it back. The costs of repossession/return shall be charged to the Buyer.

As long as the above obligations have not been fulfilled, the Buyer is not entitled to dispose of the items concerned or to establish a pledge or non-possessory pledge on the items concerned. If the Buyer nevertheless delivers the item delivered under retention of title to a third party, the Buyer shall be obliged to reserve ownership of the items in question.

BOMA shall transfer ownership of the delivered item to the Buyer at the moment the Buyer has fulfilled all its obligations towards BOMA, subject to BOMA's right of pledge, also for the benefit of other claims which BOMA has against the Buyer. At BOMA's first request, the Buyer shall provide all cooperation required and desired in that context.

11. Suitability and guarantee

BOMA does not guarantee and is never deemed to have guaranteed or promised that the purchased goods are suitable for the purpose for which the Buyer wishes to process, treat, use or have them used.

Communications by or on behalf of BOMA with regard to the quality, treatment in the broadest sense, application possibilities and properties in general of the goods only bind BOMA if they were made in writing and with the unmistakable intention of providing a guarantee.

Notifications from the manufacturer with regard to that referred to under a., whether or not via BOMA to the Buyer, do not bind BOMA, unless BOMA has explicitly made it known that it will take such notifications for its account, in which case the provisions under 11.2 also apply.

12. Claims

The submission of a claim does not suspend the Buyer's payment obligation in respect of the items in dispute. In the event of non-visible defects, the provisions of Article 15.6 apply.

Any claim by the Buyer with regard to an attributable shortcoming in the Seller's performance, including dissolution of the agreement and claims in tort, shall be excluded, except if and insofar as the claim is aimed at fulfilling the rights granted to the Buyer in the following paragraphs of this Article.

Without prejudice to the following provisions concerning the term within which a claim may be lodged, the Buyer shall in all cases be obliged to check the goods delivered to him before using them or having them used, applying them or redelivering them. In the case of delivery in bulk, the Buyer shall check the goods before they are transferred into a tank. For the purposes of this provision, the obligation to check the packaging of the goods delivered shall include checking the weight of the packaging, if relevant.

Complaints by the Buyer shall, on penalty of forfeiting any right of claim on the part of the Buyer, be submitted to the Seller in writing no later than eight days after arrival at the destination stated by the Buyer or, in the absence of such, no later than eight days after the goods have been taken into use, applied or redelivered or, if the goods cannot be inspected immediately due to fear of deterioration, immediately after inspection of the goods and, where applicable, accompanied by a sample.

Complaints by the Buyer must be based on the quality, condition or quantity of the goods at the time they left the factory or warehouse. Commissioning or resale of the goods shall in all cases constitute acceptance. In the event of delivery in bulk, having the goods transferred into a tank shall be deemed as acceptance.

Claims shall only be valid insofar as the packaging of the goods is still in the original and undamaged condition. If the goods are externally visible damaged on arrival, the Buyer must make a written reservation about this to the carrier and, contrary to the above, must notify BOMA of this within twenty-four (24) hours of receipt.

Complaints with respect to defective goods which have been collected must be made immediately on delivery.

Verbal complaints and complaints which are submitted after the expiry of the above-mentioned term shall not be accepted.

If goods which are delivered under the manufacturer's or importer's guarantee are returned for assessment of the guarantee by the manufacturer or importer in question, any costs incurred by BOMA as a result can be charged to the Buyer.

If a claim is based on a guarantee as referred to in articles 11.2 and 11.3 above, then (insofar as) in deviation from the provisions under 12.4, the claim must in any case be in BOMA's possession within the guarantee period. If the guarantee period is not stated in so many words in the agreement, a guarantee period of six months, counting from the time the goods leave the factory or warehouse, shall apply.

Also in the case referred to under 12.9, putting the goods into use or reselling them shall be deemed as acceptance and putting them into use, application or resale shall nullify any right of the Buyer to complain or object to the delivered goods. In the case of delivery in bulk, transferring them into a tank is considered as acceptance

13. Return of goods

If goods are returned to BOMA for repair without there being any question of a complaint, these goods shall continue to be considered to have been delivered to the Buyer with all the consequences attached, while the (possible) costs of repair and transport shall be charged to the Buyer.

Under the conditions to be laid down by BOMA, goods already delivered can be taken back with crediting of the sent invoice, provided the goods are still in their original condition and packaging and are still part of the current product range. The delivered items shall be returned no more than thirty (30) days after the delivery date. Items ordered especially for the Buyer shall not be returned under any circumstances.

14. Quality marks and restrictive (installation) regulations for use or sale in another country

Goods/products which must be provided with a quality mark in accordance with Dutch regulations will be supplied by BOMA in the version for which the quality mark was issued.

In addition, BOMA also supplies goods/products which do not have a Dutch quality mark. The goods/products offered by BOMA are in principle intended for sale on the Dutch market. The sale or installation of these items/products in other countries may be subject to restrictions or not be allowed and shall take place at the full risk of the Buyer.

The Buyer shall indemnify BOMA against all possible damage and costs as a result.

15. Information obligations

Without prejudice to all other rights of BOMA, if the Buyer foresees or should reasonably foresee that it will fall short in the fulfilment of one or more of its obligations, the Buyer must immediately inform BOMA of this in writing, giving reasons and stating the probable duration of that shortcoming.

The Buyer undertakes to always actively provide BOMA with all information which may be relevant to BOMA in the context of the agreement.

Failure to comply (on time and/or in full) with the obligations under this article shall mean that the Buyer cannot invoke force majeure in this respect.

16. Damages and Liability

BOMA, its employees or third parties engaged by BOMA, are not liable for any damage incurred by the Buyer in relation to any delivery obligation, the delivery of goods, the delivered goods themselves or the use thereof, properties or quality of the sold and/or delivered goods, or any work, services or advice given by BOMA or on its behalf, including damage resulting from the improper fulfilment of an obligation to repair or redeliver.

Equally, compensation does not apply to: transport costs, travel and accommodation costs, costs of (dis)assembly and/or (re)installation, reduction of profit, business interruption, even if BOMA has been informed of the possibility of such forms of damage.

In particular, BOMA is not liable for damage as a result of death, injury, damage to materials, movable or immovable property, damage for which the Buyer is or could reasonably have been insured.

The exceptions to the above mentioned in paragraphs 16.1 and 16.2 are if and insofar as the Buyer proves intended or deliberate recklessness on the part of BOMA, in which case BOMA shall never be obliged to do more than compensate the direct damage suffered by the Buyer.

BOMA's liability pursuant to this article is at all times limited to the amount invoiced for the goods sold and/or delivered, or at any rate always limited to an absolute maximum amount of 2,500 Euro, or in any case insofar as the insurer of BOMA decides to pay out.

The goods delivered by BOMA comply with the agreed quality standards. However, with due observance of the provisions of Article 11.1, BOMA does not guarantee and shall never be deemed to have guaranteed or promised that the goods supplied are suitable for the purpose for which the Buyer wishes to process, treat, have used or have used them. Samples are only provided by way of indication.

If the agreement with the Buyer concerns goods which BOMA procures or has procured from third parties, the Buyer shall not be entitled to any other rights than those which it can enforce directly against the manufacturer or against BOMA's supplier on the basis of the guarantee issued by that manufacturer or supplier for the goods supplied. The handling of a warranty claim is entirely at the discretion of the manufacturer or importer concerned.

17. Indemnification

The Buyer indemnifies BOMA against all claims by third parties for compensation for damage or otherwise, which are directly or indirectly, not immediately or immediately related to the agreement(s) concluded and the goods and/or services supplied by BOMA as a result of claims by third parties. Furthermore, the Buyer indemnifies BOMA against all claims by third parties for compensation for damage or otherwise, which are directly or indirectly related to processing and/or (electronic) transmission of the information provided by BOMA. The indemnification in this article does not apply in the event of intent or deliberate recklessness on the part of BOMA.

18. Default by BOMA

In no case shall there be a default by BOMA, if:
a. and as long as the Buyer is in default towards BOMA
b. the goods have been exposed to abnormal conditions, or have been handled carelessly or inexpertly
c. the goods have been stored for longer than normal and it is plausible that this has caused a loss of quality

19. Lapse of warranty obligation

If during the warranty period any repair or alteration is made to the sold and/or delivered goods without the prior written consent of the guarantor, or if the Buyer fails to meet its payment obligations on time, any warranty obligation shall immediately lapse. The Buyer may not refuse payment on the grounds that any warranty obligation has not, not yet, or not fully been fulfilled.

The warranty shall not apply if a defect is a consequence of inexpert use, negligence, improper installation of or improper trial testing with the goods, attempts at repair not authorised by BOMA, unauthorised modifications or use of the goods, or if the defect is a consequence of abnormal use of the goods or of a fire or other incident.

20. Dissolution of agreement

The Buyer shall at all times punctually comply with an agreement entered into with BOMA and execute it without deviations.

BOMA is entitled to cancel the agreement with the Buyer, or the part of it that has not yet been executed, in writing, with immediate effect, without judicial intervention being required, and without being obliged to compensate any damage whatsoever, without prejudice to BOMA's right to full compensation of the Buyer for costs and damage, if:
- the Buyer refuses to pay in advance or provide adequate security at first request in the circumstances referred to in clause 8.2 in advance or to provide adequate security
- the Buyer (in the case of a natural person) dies
- the Buyer applies for or already has a moratorium
- the Buyer is declared bankrupt or bankruptcy is applied for
- the Buyer's company closes down or is liquidated, or ownership is transferred
- (part of) the Buyer's company is dissolved
- there is a substantial change in the share and/or voting ratio within the Buyer's company and/or voting ratio within the Buyer's company
- there is an attachment of a substantial part of the Buyer's assets, and said attachment is not lifted within a reasonable time
- the Buyer does not fulfil, or does not fulfil fully, properly or on time, any obligation to BOMA arising from the agreement and, despite a request to do so, has failed to rectify the shortcoming within seven (7) days of such a request.

In addition to what is stated in clause 21.2, after the force majeure on the part of BOMA as referred to in clause 6.10 has lasted for more than six (6) months, both the Buyer and BOMA may dissolve the agreement by registered letter and only in respect of that part of the obligations which have not yet been fulfilled. In that case the parties shall not be entitled to compensation for any damage suffered or to be suffered as a result of the dissolution.

All claims which BOMA may have or acquire against the Buyer in the case referred to in this article shall be immediately due and payable in full.

Without prejudice to its other rights, in the situations described in articles 21.2 and 20.3 BOMA is entitled to suspend all its obligations under the agreement(s) concluded with the Buyer.

A dissolution as referred to in this article will not result in the termination of any of BOMA's rights which by their nature are intended to survive.

21. Transfer of rights and obligations

Without BOMA's prior written consent, the Buyer is not permitted to assign, pledge or transfer (ownership of) rights and obligations ensuing from the agreement to a third party under any title whatsoever.

BOMA is entitled to transfer the agreement, or any rights and/or any obligations ensuing from it, to a group company (pursuant to article 2:24b of the Civil Code). To the extent required, the Buyer grants its consent to this pursuant to Article 6:159 of the Civil Code.

22. Liability of the Buyer

If the Buyer is a legal entity, it hereby binds its director(s) jointly and severally for the obligations ensuing from the agreement and these general terms and conditions.

In failing to do so, the Buyer shall incur a fine of 250 Euro per day, including a part of the day, that this does not take place, such from the day that the director or directors are contacted by BOMA.

If the agreement was in fact entered into by the Buyer's director(s), the director or directors shall declare themselves jointly and severally liable by accepting these general terms and conditions.

23. Confidentiality and communication

The Buyer shall not provide any information to third parties about the agreement, including but not limited to the use of the agreement for publicity purposes, prior to as well as after the signing of the agreement by both parties, nor after the termination of the agreement without the prior written consent of BOMA.

The Buyer, its personnel and/or the third parties it engages shall be obliged to observe strict confidentiality with respect to all information concerning BOMA which it may obtain in connection with the agreement or its execution. This duty of confidentiality also includes all data from BOMA's customers and/or other relations, of which the Buyer becomes aware by virtue of its position.

The Buyer shall impose the same duty of confidentiality in writing on all (employees and/or) third parties involved in the execution of the agreement.

24. Prohibition on taking over personnel

With regard to those employed at BOMA in any way whatsoever, the Buyer, or any (legal) persons directly or indirectly affiliated to the Buyer, is prohibited from the following, including in any case: employing them, or having them employed, trading with them, or inducing them in any way whatsoever to provide or receive money for their own benefit (bribes) or information in the broadest sense of the word concerning BOMA, or any of its affiliated (legal) persons, which by its nature can be understood to be sensitive.

If the Buyer acts in violation of this clause, it shall be liable to pay BOMA an immediately due and payable penalty of 10,000.00 Euro, and BOMA shall retain the right to compensation for the damage suffered as a result of this action.

25. Amendment of terms and conditions

BOMA reserves the right to amend these general terms and conditions at any time. Amendments shall be notified to the Buyer in writing or electronically by e-mail and shall take effect one (1) month after the date of such notification, unless otherwise stated in the notification. Should the Buyer not object to the change in the General Terms and Conditions with reasons within one (1) month from the date of the announcement, the Buyer shall be deemed to have accepted the change.

26. Competent court and applicable law

All disputes are subject to Dutch law and shall be submitted exclusively to the judgement of the competent court at BOMA's place of establishment, i.e. the Roermond District Court, unless the law declares another court competent by rules of mandatory law.

27. Miscellaneous

Headings above the articles are only intended to enhance the readability of these terms and conditions and are not a means of interpretation.

If one or more of the above provisions are null and void or become annulled, the remaining provisions shall remain in force. The Buyer already undertakes in such a case to agree to alternative provisions that correspond as far as possible to the old invalid or annulled provisions in terms of content, scope and objective.

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Luxembourg

All our offers are made exclusively without commitment.

Under no circumstances can we be held responsible for damages resulting from the use of our products. In the event of a dispute, our liability is limited to simple replacement or reimbursement of the purchase price of the used goods.

Unless agreed in writing, special conditions or stipulations appearing on our customers' documents cannot under any circumstances bind us or be enforceable against us.

The Courts of Antwerp have exclusive jurisdiction to take cognisance of all disputes, whether acting as plaintiff or defendant, even with foreign customers. A similar clause provided for in the general terms and conditions of our customers can never be held against us.

Any delay in the execution of an order cannot give rise either to compensation or to cancellation of the order. All events or circumstances independent of our will shall be considered as cases of force majeure, automatically relieving us of our commitments and of all responsibility.

All goods sold by us, even if delivered carriage paid, travel at the buyer's risk. Complaints shall no longer be accepted if they are not submitted within eight days of receipt of the goods.

Unless otherwise stated, our invoices are payable net cash, at the registered office of the company. A bill of exchange or any other mode of payment cannot be considered a derogation from this provision or a debt renewal. All collection costs shall be borne by the buyer. Late settlement of our accounts shall automatically and without prior notice of default entitle us to claim interest on arrears calculated at 10% per annum of all other amounts due, payable immediately, and shall cause all current orders to be considered null and void.

Should the amount of an invoice not be settled within 30 days of the invoice date, it shall automatically be increased by 15% by way of penalty clause with a minimum of 18.60 Euro, without prejudice to legal costs and interest.

Ownership of the delivered goods shall not be transferred to the buyer until all amounts due by the buyer to the seller by virtue of the delivery, including interest and costs, have been paid in full to the seller.

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France

All our offers are made exclusively without commitment.

Under no circumstances can we be held responsible for damages resulting from the use of our products. In the event of a dispute, our liability is limited to simple replacement or reimbursement of the purchase price of the used goods.

Unless agreed in writing, special conditions or stipulations appearing on our customers' documents cannot under any circumstances bind us or be enforceable against us.

The Courts of Antwerp have exclusive jurisdiction to take cognisance of all disputes, whether acting as plaintiff or defendant, even with foreign customers. A similar clause provided for in the general terms and conditions of our customers can never be held against us.

Any delay in the execution of an order cannot give rise either to compensation or to cancellation of the order. All events or circumstances independent of our will shall be considered as cases of force majeure, automatically relieving us of our commitments and of all responsibility.

All goods sold by us, even if delivered carriage paid, travel at the buyer's risk. Complaints shall no longer be accepted if they are not submitted within eight days of receipt of the goods.

Unless otherwise stated, our invoices are payable net cash, at the registered office of the company. A bill of exchange or any other mode of payment cannot be considered a derogation from this provision or a debt renewal. All collection costs shall be borne by the buyer. Late settlement of our accounts shall automatically and without prior notice of default entitle us to claim interest on arrears calculated at 10% per annum of all other amounts due, payable immediately, and shall cause all current orders to be considered null and void.

Should the amount of an invoice not be settled within 30 days of the invoice date, it shall automatically be increased by 15% by way of penalty clause with a minimum of 18.60 Euro, without prejudice to legal costs and interest.

Ownership of the delivered goods shall not be transferred to the buyer until all amounts due by the buyer to the seller by virtue of the delivery, including interest and costs, have been paid in full to the seller.

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