General Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE – NV G. CLEYBERGH
- These general terms and conditions of sale shall govern all business transactions between the parties unless otherwise agreed in writing. The placing of an order implies that the client has irrevocably accepted these present terms and conditions and that he expressly waives the right to enforce his own terms and conditions of purchase and sale.
- The contract of sale shall invariably be deemed to have been concluded at the seller’s registered office. Orders accepted by our representative shall only become binding once they have been confirmed by us in writing.
- The goods shall always be deemed to have been sold, delivered and accepted at our warehouses. As a result, all transport costs and risks shall invariably be borne by the buyer.
- Our delivery lead times are given for indicative purposes only. Delays in delivery shall not entitle the buyer to rescind the contract at our expense or to seek damages. Events of force majeure shall release the seller from his obligation to perform the contract.
- Orders placed by the client and accepted by us shall be collected by the client within the pre-agreed timeframe. Non-collection shall entitle us, on the one hand, to ipso jure and without any prior formal notice rescind the purchase-sale for fault of the buyer who, in that event, shall be liable for fixed damages of 20% of the cost price of the merchandise or, on the other hand, to force the buyer to accept delivery. Any complaints in relation to the non-conformity of deliveries and invoices shall be made in writing within 3 days of the delivery-dispatch of the invoice. Complaints in relation to quantities shall be made at the time of delivery-acceptance. Any complaints made beyond the aforementioned deadlines shall be deemed to have been voiced late. In the event complaints are justified we shall be obliged to replace the goods that are not in conformity, though not to compensate the buyer in any other way. The processing of goods implies that the buyer shall be deemed to have accepted the goods.
- Goods shall be paid for cash on delivery at our warehouse or upon presentation of our (proforma) invoice. Invoices that are not settled upon presentation shall automatically and without formal notice incur moratorial interests at the rate of 1 % per month.
- In the event the buyer were to default on the performance of the contract in any other way, including default of payment (non-payment or late payment), the client shall automatically and without formal notice be liable for fixed damages at the rate of 15 % on the principal, with a minimum of 250,00 EURO.
- It is hereby expressly agreed that the seller shall retain full ownership of the goods he has delivered until such time as the goods have been paid for in full. In the event of default we shall reserve the right to cancel the sale and to collect the goods even if they have already been forwarded to a third party, at the buyer’s expense, in which case the latter shall moreover be liable for damages of 20 % of the price.
- All disputes arising out or in connection with mutual agreements are subject to jurisdiction of the Courts of Antwerp.