Following conditions apply to all our quotations issued by us and sales
orders directed to us, agreed upon verbally as well as in writing. We do
not recognize any general conditions, in no form whatsoever, from
buyer.
All quotations, verbally as well as in writing, are non-committal and can
be modified respectively adjusted at any time.
Prices issued by us, verbally as well as in writing are free of obligations
and can be altered respectively adjusted at any time. Prices can also
be adjusted because of prices changed by our suppliers, changes and
fluctuations in exchange rates and/or other factors that can influence
the price. We retain the right to pass on price increases undiminished to
buyer, even after a closed deal.
Payments need to occur within 30 days after date of invoice. Unless
explicitly agreed upon differently, balancing of debts is by no means
allowed
All cost with relation to collecting the claim, legal as well as non-legal,
the latter fixed on 15 per cent of the outstanding amount and interest
due, are to the account of the negligent principal.
Returning purchased goods can only happen after we have given
permission in writing and will take place to the account and at the risk of
buyer.
Complaints with relation to delivery of goods need to be in writing and
sent to us within 5 working days after receipt of the goods. In case a
complaint is declared just (only by the supplier/producer of the
product/service delivered by us) we are only kept to resupply the
product/service delivered. We rule out any liability for damages suffered
by buyer or third parties as a result of a shortcoming regarding the
delivered.
Unless mentioned otherwise, packaging is included in the selling price
of the product. The way of packing is determined by us/our supplier.
Packaging will not be taken back by us. Extra packaging requested by
buyer will be charged separately.
Wire reels are given on loan for 3 months; when the reels are returned
within 3 months, complete and undamaged, buyer will be credited for
the amount we charged for the reels.
Transportation is to the account and at the risk of buyer. Unless agreed
upon otherwise, goods are transported by a transporter selected by us.
Damage during transport needs to be noted on the delivery note and
reported to us immediately, in writing.
If this is not done properly, or not in time, buyer may loose any right to
compensation.
All deliveries are off warehouse, which all selling prices are based on.
However, if we do take care of transportation, the cost and risk are at all
times to the account of principal. Delivery is considered to have taken
place as soon as the goods to be delivered have been handed over for
transport.
Part deliveries are at all times allowed. For shipments with an invoice
value of less than Euro 230.=, Euro 11.= administration costs will be
charged.
Delivery times are at all times estimations. If goods are not delivered in
time, buyer is not entitled to compensation of any kind or termination of
the agreement.
Until all claims we have or will have on the buyer, for whatever reason,
have been fully settled, the delivered goods are, at buyer’s risk, either
used or manufactured or not manufactured, exclusively our property.
Buyer is not authorized to hand over the goods to third parties as
security or property or give third parties any other rights regarding the
goods. We have a right to take back the goods belonging to us, in case
payment has not taken place within the agreed payment term. Our
reclamation right arises from the unilateral lapse of the agreed payment
term, without any summon or default notice required from us. Our right
of reclamation is also valid in case buyer has filed for suspension of
payments or bankruptcy, or is about to, or in case he has decided to
liquidate his business and/or if we obtain information which indicates
with reasonable certainty that buyer probably will not be able to annul
the- until that moment existing- agreements, wholly or for the part that
has not been carried out yet, and to consider them not claimable,
undiminished our right to compensation.
We are never liable for any indirect or direct damages resulting from
shutting down the company, company delays, -disturbances or any
other company damage no matter what the reason or nature be, nor for
any direct or indirect damage inflicted upon the goods/services supplied
by us, or damage inflicted upon goods or persons. Our liability,
whatever the reason, will every time be limited to the amount of the
purchase price of the goods/services supplied already paid by buyer
at the time of his claim. Buyer protects us from all liability towards third
parties as a result of a shortcoming regarding the delivered goods.
All disputes caused by agreements with buyer can only be submitted to
the competent judge of the district where the seller has been
established.