Revision date: 2019-12-01 Version: 3
These general conditions are applicable to all our commitments and to all our agreements, subject to a written waiver on our part. The general conditions of the client are excluded. Failure to implement a clause included in these general conditions must not be interpreted as a waiver on our part to exercise such a clause.
Unless stated otherwise, our offers are exclusive of packaging costs, carriage, and VAT.
If our offer is not accepted by the client within 30 days from the date of its dispatch, it will cease to be binding.
A consignment note shall be signed and dated for all collections or deliveries of goods. By signing the client confirms his acceptance of the quantities, quality, price(s), these general conditions and any special conditions.
In view of the type of material(s) that we sell, the client acknowledges the difficulty that we have in delivering precise quantities. The client thus accepts that even if fixed quantities have been agreed contractually, the quantities delivered will differ from the quantities ordered, with a maximum tolerance of 5% either way. If, in compliance with this tolerance, the quantities delivered differ from the quantities ordered, the client accepts that the order price will automatically be adapted to the appropriate amount.
If our offers include carriage, it is calculated for delivery to a construction site that is easily accessible by lorry, unloading takes place at a maximum of 3 meters from the vehicle. If this condition is not satisfied, the additional labour required will be charged at the market rate.
Delivery deadlines and turnaround times are stated for information only and do not bind us at all. A delay in performance or delivery will not under any circumstances give rise to any compensation or damages whatsoever or cancellation of the contact.
Any complaint concerning the delivery of products, performance of the works ordered and/or invoicing must be lodged as soon as possible, namely as soon as a fault is reported to enable it to be remedied promptly, and must be sent to our head office by registered letter within 8 days after the goods have been provided to the client. Any complaint that is submitted after the 8-day period commencing from the delivery date will be considered null and void. Filing a complaint does not suspend the obligation to pay within the agreed deadline.
If the client places an order for a product and/or a particular mix, he accepts sole responsibility for the type of product and/or mix ordered, and for its use, and absolves us of all liability. The client acknowledges that he thus generally assumes sole responsibility for any consequences whatsoever that arise from the product and/or mix ordered, and for its use.
The client acknowledges that our products are frequently of natural origin. He thus accepts fluctuations in the physical characteristics of our products (variations in form, variations in colours, etc.) or in their chemical composition.
In the event of a failure that is attributable to us, the client accepts that, except in a case of gross negligence, our responsibility is confined, at our discretion, to replacement or a refund (calculated pro rata of the order delivered) of the non-compliant products. The client irrevocably waives the assertion of claims for other damages, in particular consequential, such as – whereby this list is not exhaustive – loss of earnings, the costs of collecting the non-compliant products, provision of any replacement products or commercial detriment.
Should the client entrust us with regular work, he undertakes not to terminate such work without giving notice of 3 months for work that represents an annual turnover below 50,000 euros, and 6 months for a higher turnover. If such a notice is not given in time by registered letter, the client agrees to compensate us at the appropriate level.
Invoices are payable to the head office of the company, without a discount, on the due date stated thereon. Receipt of the invoice automatically constitutes a formal demand for payment from the debtor, in accordance with Article 1139 of the Civil Code, upon the sole expiry of the deadline without the need for further formalities.
In the event of non-payment by the due date, all invoices will automatically be increased, without a formal notice, by a fixed, irreducible penalty equivalent to 12% of its amount subject to a minimum 75 euros. Moreover, the unpaid amounts will automatically bear default interest, without a formal notice, of 12% a year commencing from the invoice date. Non-payment of a single invoice on its due date will automatically cause the balance of the other invoices to become payable, including those that are not outstanding.
In the event of non-payment by the due date, we also reserve the right to suspend immediately all subsequent performance of the works or deliveries, notwithstanding our right to consider the contract(s) cancelled and to claim damages.
When the client’s creditworthiness deteriorates, we reserve the right, even after shipment or partial performance of a contract, to require guarantees that we deem to be appropriate for due fulfilment of the commitments entered into.
The goods supplied remain the property of the company until they are paid in full. If no payment is made within the agreed deadlines, the client henceforth authorises us to take them back and he agrees to pay all the costs incurred in connection with this collection.
Acts of God entitle us to cancel the contract or the remainder of the contract without the imposition on us of penalties of any kind whatsoever.
The nullity of a clause in these general conditions shall not affect the validity of the remaining provisions.
This Agreement is governed by Belgian law and any disputes arising hereunder will be settled solely before the competent courts in the administrative subdivision of Liège.