General Conditions of Sale
STOKJES NV - SUPPLIES
1. Quotes:
All our offers and quotations are without obligation and bind the seller only after written confirmation.
With except for additional or different conditions stated on the front of the order confirmation either statements on the front of the invoice, each sale and delivery is made under the application of these general conditions that can only be deviated from in writing.
Reference by client to own terms and conditions does not detract from them.
2. Orders & price:
Orders are deemed accepted only after we confirm the notice to order.
Our prices are standard excluding VAT and are always ex works, unless explicitly stated otherwise.
A placed order cannot be canceled unless with our written consent.
Price increases in raw materials, fuels and transportation costs occurred after the time of order will be charged to the customer if on date of delivery then more than three months have elapsed.
3. Cancellation/non-cancellation:
If the buyer cancels all or part of the order or fails to fulfill his purchase obligation within 8 days of the anticipated delivery, the buyer shall owe the seller, without notice of default, a lump-sum compensation to cover of damages currently foreseeable from cancellation including loss of profits, equal to 20% of the sales value of the goods canceled or not taken on time by the buyer more any already exposed transport and packaging costs.
Failure to take delivery on time implies, when exceeded by 8 days, that the buyer's anticipated goods return to sale.
In respect of items already delivered, a cancellation can never be made by the copper.
The aforementioned fee is payable immediately.
When custom goods are involved, the fee is equal to 10 %.
None of this affects the option of NV STOKJES to still implement the order, purchase and payment to be claimed in court.
4. Steel/sample:
samples are of the non-binding type without specific delivery commitments.
A sample is only considered a liver sample for a particular yard if so agreed in writing.
5. Delivery time:
The delivery times given are always approximate and without obligation unless expressly otherwise is in writing.
Any exceeding of a deadline that has been bindingly agreed upon can, subject to the regularisation period of 15 working days, can only give rise to a cancellation of the purchase without any mutual damages if a notice of default is sent beforehand by registered mail with the granting of a grace period of 15 working days. granting a grace period of 15 working days.
The calculation of that term is done at all times in working days.
The delivery period is suspended at the expense of the buyer anyway so expired debts not settled be.
If the seller shall be prevented by force majeure from delivering or delivering in a normal manner, he shall be entitled have extended the delivery time by the duration of the force majeure or, in the event of prolonged force majeure, rescind the contract without being liable for any compensation.
Force majeure includes: war, riot, riot, strike, outage of machinery and/or tools, unavailability of transportation, delays in the supply of raw materials or energy, governmental measures, as well as any circumstance that makes it reasonably impossible for the seller to perform on normal way to deliver.
6. Transportation & Transportation:
Transportation is at buyer's risk ex factory.
Transportation, packaging and pallet costs shall be borne by the copper.
Palettes will not be taken back nor reimbursed unless otherwise agreed in writing.
Transportation is done under CMR provisions.
If specific insurance is desired, the buyer should notify the buyer in advance and pay the premium.
Any transportation order implies that delivery must be able to commence in a normal manner and performed without waiting time, the delivery site is freely accessible and unloading can be done without crane facility, with the possible additional cost due to poor accessibility of the yard, waiting times, need for crane etc., except for otherwise agreed, be subject to a price surplus at prevailing prices more hourly wage transporter in director.
7. Quantities delivered:
For billing purposes, only the quantity as recorded in the documents of NV STOKJES is valid.
One on delivery waybill, delivery note or similar document provided of the goods shall be deemed to be the correct quantity of the display goods delivered.
Disputes over quantity are validly raised only if they are be made immediately upon receipt of the goods and marked on the bill of lading.
8. Features & Complaints:
Any non-conformity with what has been ordered shall be deemed to be covered, if this was not covered at the time of initial determination.
immediate written notice is given.
Further trading or processing of the goods implies a acceptance.
All other complaints must be made in writing no later than within the eight days after determination or date when it may be deemed that the eventual deficiencies were determinable.
It is agreed between the parties that the earliest date of the foregoing, should be used as a starting point.
Minor damage that does not substantially affect the usability of the products cannot be considered a defect in the product shall be designated.
The customer accepts the size deviations which are common for the relevant product, or be considered tolerable within the industry.
The parties shall determine in common agreement the short term in art.1648 Belgian Civil Code on hidden defects at 1 month.
Complaints regarding visible aspects or already determinable deficiencies reported after some of the delivered goods were nevertheless processed after that ascertainability, are no longer accepted for that supply.
A complaint can only be admissible if the building principal has a can demonstrate defect in the materials.
The seller is only responsible if it is proven that the delivered goods have become unusable as a result of the defects for which the seller is responsible.
The seller's intervention is limited in case of timely asserted and proven claim, to a replacement of the defective goods.
The seller is never liable for consequential damages and direct or indirect business losses, stagnation damages, construction delays, loss of orders, loss of profits, processing costs, etc..
The buyer shall indemnify the seller against any liability to third parties that further goes beyond the liability that seller has to buyer.
9. Seller liability:
If a monetary liability is withheld by a court, the seller's liability is limited to a maximum of the invoice value of the delivered goods to which the seller's founded complaints relate where however, the seller may prefer replacement with similar goods of the same sales value.
10. Payments
Payments shall be made, without deduction or discount within 14 days following the date of the invoice, unless otherwise stated on the front of the bill.
The price is payable at the registered office of the seller or by transfer to his account costs chargeable to the buyer.
In the event of default of payment of an invoice on the due date, the buyer is furthermore and without formal notice, an interest of 10% and, subject to notice of default, in addition a fixed compensation of 10% of the invoice amount, with a minimum of 250 Euros.
Complaints regarding the delivered goods shall not entitle the buyer to suspend payment and/or invoke lien.
The time of payment is the time when the amount due is credited to the seller's account has been credited.
Partial payments are charged first to interest and costs and then to the oldest outstanding principal sum(s), notwithstanding any indication to the contrary by the buyer.
The non-payment of an invoice on its due date makes all other outstanding invoices immediately due and payable.
11. Security
If the buyer fails to meet his payment or other obligations in time, if he refuses to pay in advance or provide security, if he files for bankruptcy or a moratorium, if any assets of the buyer is seized, if he sells or liquidates his company or if proceedings WCO are initiated,all of the seller's claims against the buyer become immediately due and payable.
Also, in addition to the other rights granted to him by law and the contract, either suspend his obligations, or the agreement by a simple communication in whole or in part without any notice of default or judicial intervention is required, without prejudice to the possibility of seeking damages in addition to or in lieu of the suspension or dissolution.
12. Property Rights
The seller remains the owner of the goods sold and delivered until the buyer complies with all his obligations in particular, the payment of the invoice in principal, interest and costs, has been paid.
The risks of custody rest however, with the buyer, from the time the goods have passed to him, until when the buyer takes possession posed of the goods.
The seller has the right by simple notification to terminate agreements with the customer if the latter fails to fulfill any obligation under the contract.
The indemnification or the warranty transfer of the goods is not permitted prior to full payment of the invoice.
13. Priority
These Terms and Conditions take precedence over the buyer's ordering conditions.
Deviating clauses and/or additional conditions are binding on the seller only when accepted in writing.
When one or more provisions of the agreement entered into between the seller and buyer should not prove to be legally valid, shall remain maintain the other provisions.
In place of the invalid provisions, provisions that, in view of the intent of the parties these provisions in a legally effective manner as close as possible.
14. Jurisdiction & applicable law:
Are solely competent for all disputes arising from our contracts, as well as actions in the field of bills of exchange: the courts of the district of Tongeren - Belgium.
The parties agree that Belgian law shall apply with rejection of the non-binding provisions of international treaties or European regulations even though they are incorporated in Belgian law if and insofar as they would abridge or limit the seller's rights or would lead to result that a different law would become applicable.
