Note:
This text has been translated into English for your convenience. Please note that only the French and Dutch versions are official. No rights can be derived from the English version.
Article 1
Receipt by our customers of the letters and documents to which our general terms and conditions of sale are attached constitutes acceptance by them of all their provisions and waiver of their own general terms and conditions.
Article 2
All our offers are made without obligation. To be valid, an order must be placed in writing. All orders are irrevocably binding on the purchaser. It cannot be cancelled without our written agreement. Commitments made by our agents, representatives or brokers are not binding on us and are only valid after our written confirmation.
Article 3
Goods are sold and deemed approved in our offices and warehouses, irrespective of the place, method and conditions of delivery. They travel at the expense, risk and peril of the consignee.
Article 4
Delivery deadlines are only binding if we have expressly stipulated and accepted them in writing.They vary according to available stock.Any delay on our part shall not give rise to the application of a penalty, nor shall it give rise to termination of the contract.Circumstances beyond our control, of such a nature that performance of the contract can no longer fairly be required of us, and cases of force majeure give us the right to terminate the contract in whole or in part, without obligation to pay compensation, for example in particular: -import or export bans, -measures decreed by official bodies making supplies impossible, difficult or significantly more expensive than at the time of conclusion of the contract, -stoppage of rail or air traffic, strikes, fires, etc...
Article 4a
If it appears to the seller that the purchaser's credit is deteriorating, particularly if legal enforcement measures are taken against the purchaser and/or in the event of events which call into question the proper performance of the commitments entered into or make them impossible, the seller reserves the right, even if the goods have already been dispatched in full or in part, to suspend the order in full or in part and to demand the necessary guarantees. In the event of refusal by the buyer, the seller reserves the right to cancel all or part of the order. All this without prejudice to the seller's rights to any damages and interest.
Article 5
No complaint will be accepted unless it is made in writing by registered post within eight days of receipt of the goods. No returns will be accepted without our prior written agreement specifying the nature, quantity and value of any goods that may be returned. Under no circumstances does this suspend the payment of the sums due.
Article 6
The software we offer remains the property of its manufacturers. Only a user licence is granted. The user may not, in any form whatsoever, transfer, assign, pledge, communicate or lend the software free of charge. The user shall maintain the proprietary notices on the programmes and user manuals in good condition and shall ensure that the confidentiality of the software is respected. The customer who gives an execution or reproduction order is deemed to hold the rights to the original. Where applicable, the customer assumes all liability towards the third party and releases our company from all liability.
Article 7
Unless there are specific contractual provisions, our offers and price lists are purely indicative. If, after acceptance of an order or during its execution, prices increase for reasons beyond our control, for example: increases in the price of raw materials, wage costs, social security charges, etc., we are authorised to increase the agreed prices in proportion to these increases.
Article 8
Unless otherwise agreed in writing, invoices are payable in cash. Bills of exchange, receipts, acceptance of payment or carriage paid shall not constitute a novation of or derogation from this clause or the other conditions of sale.
Article 9
Any sum not paid on the due date shall automatically and without notice bear interest at the statutory Belgian interest rate plus 2%, with a minimum interest rate of 12%. In the event of non-payment of an invoice on the due date, the seller reserves the right to increase the amount by 10% with a minimum of 24.79 Eur. Non-payment of a single invoice on its due date shall automatically render payable the balance due on all other invoices, even those not yet due. The seller reserves ownership of the goods until full payment has been received. The risks are borne by the buyer. Deposits may be retained to cover any losses on resale.
Article 10
In the event of non-payment in full of the price and all accessories, in the event of seizure at the expense of the purchaser, application for composition, writ of bankruptcy, publication of a pro-tested draft or liquidation of the co-contractor, before payment has been made, our company reserves the right to cancel the current contract as well as all contracts to be executed and orders in progress, ipso jure and without formal notice, by sending a registered letter which will automatically cancel the contract. In the event of termination of the contract at the buyer's expense, our company shall be owed a fixed indemnity of 30% of the total sale price, which shall not prevent our company from demanding higher compensation if it can prove that the damage suffered exceeds 30%.
Article 11
In the event of a dispute, the Courts of Brussels or the Courts of the purchaser's domicile, at the seller's discretion, shall have sole jurisdiction.