Orders, including those recorded by our agents or representatives, shall only be binding if expressly accepted by us in writing (order confirmation). Orders cannot be cancelled, except after prior written agreement.
Unless expressly agreed otherwise in writing, the goods shall be delivered Ex Works (EXW Incoterm 2020) at the company premises of Seller. Stated delivery times are approximate only, and Seller shall keep the Buyer informed of any significant variation from the delivery time. Seller shall make reasonable efforts to meet delivery times. Unless expressly agreed otherwise in writing, failure to meet delivery times shall not constitute grounds for cancellation of the contract or justify any claim for compensation or price reduction.
The risk of loss of or damage to the goods shall be transferred from Seller to the buyer at the moment of delivery in accordance with the applicable Incoterm 2020.
Goods remain the property of the Seller until full payment of the principal, costs and interest.
The Buyer is responsible for ensuring that the services and/or goods can be delivered and installed in a normal way by the Seller at the agreed place and time, thus ensuring, among other things, the accessibility of the place of delivery. If this is not complied with, the Buyer shall be required to compensate the Seller for all damage, including waiting hours, storage costs and costs for the preservation of the item.
The Buyer must immediately inspect the goods/services delivered. Any defects must be notified to the Seller in writing as soon as possible and no later than 4 calendar days after delivery. After that term, the Seller is only responsible for hidden defects that make the item unsuitable for the use for which they are intended. The Customer shall notify the Seller in writing at the latest within 2 calendar days, after discovering the hidden defect with a detailed description of the defect. Complaints about hidden defects do not suspend the Buyer’s payment obligation. No return of goods shall be accepted without the prior written agreement of Seller.
With the exception of what is described in the previous article, the Seller is not obliged to pay any compensation whatsoever, which would be directly or indirectly the result of goods delivered or sold by us, except in case of gross negligence or deliberate intent. The liability of the Seller is in any case limited to the invoice value of the delivered goods/services. Under no circumstances can the Seller be held liable for any indirect damage. The Seller is not responsible for the mistakes of appointees, even in the event of deliberate intent or gross negligence. In the latter case, the Buyer must address the appointee directly.
Unless expressly agreed otherwise in writing, the invoice is payable within 15 calendar days of the invoice date. In the event of non-payment of all or part of the price, the outstanding amount shall be increased by operation of law and without any notice of default, with an annual interest of 12% and a fixed compensation of 10%, amounting to a minimum of 250 EUR. Any non-payment will result in the claimability of the outstanding invoices and entitles the Seller, after notice of default, either to suspend any future deliveries, or to dissolve the agreement, without prejudice to the right to compensation.
If the Buyer fails to fulfil his contractual obligations, the Seller has the right, after notice of default, either to suspend its obligations or to dissolve the agreement without judicial intervention, if the notice of default is not followed up or no useful action is taken within 5 working days.
All our agreements are governed by Belgian law. Any disputes that may arise in the context of this agreement can only be brought before the courts of Ghent, division of Ghent.