General conditions of sale
General terms and conditions of sale LINUM EUROPE NV - BELGIUM/EXPORT - BE18
1. With the exception of the offers that have been mentioned as final, all our offers are noncommittal. The orders are only validly accepted by way of our written or digital confirmation or by dispatch of the goods.
2. All our prices are cash prices. Invoices are payable cash in Kuurne. Our drawing of bills or receiving of stocks in payment is no derogation from this. A reduction that is to be agreed on separately, can be granted for strict cash payment or within five working days after delivery. The due date must be respected, even if transport, delivery, fitting, putting into operation or removal of the goods is delayed or rendered impossible due to reasons beyond our control. Any withholding or reduction of payment by our customers due to complaints, claims or recovery of debt that we do not recognize is unacceptable in exchange. In the case of total or partial non-payment of the debt on the due date without substantial reasons, the debt balance is increased by the interest in accordance with the Law on Combating Late Payment in Commercial Transactions. We follow Belgian legislation, which was brought in line with EU Directive 2011/07/EU. If the purchaser’s credit takes on a less favorable position, we reserve the right, even after a part of the contract has been implemented, to demand that the purchaser provide appropriate guarantees for the proper execution of the obligations undertaken. If the purchaser does not adequately satisfy our requirements, we are entitled to cancel the entire or part of the order, without prejudice to the seller’s rights to compensation for damages. The payment term allowed is 30 days, subject to an agreement to the contrary, which has been granted by the seller. The purchaser shall be liable for any amounts not paid within a term of 30 days invoice date or within a differently agreed payment term or, if this is lacking, within the legal payment term, shall be accompanied by interest in accordance with the Law on Combating Late Payment in Commercial Transactions, the following day, ipso jure and without the need for a notice of default, and all costs regarding collection, notice of default or costs accompanying collection. If there are any payment arrears, the creditor is entitled to be paid a reasonable amount of reimbursement for costs incurred. Such reimbursement for recovery costs consists firstly of a fixed amount of at least EUR 40.00, which is owed without warning the debtor.
Contesting one accepted bill of exchange causes all other bills of exchange to become claimable forthwith. The interest rate referred to in point 2 is equal to the official interest rate for basic refinancing of transactions of the European Central Bank, increased by eight percentage points and rounded off to the higher percentage point. The reference rate is the interest rate that is applied by the European Central Bank for its most recent basic financing transaction as defined in the EU 2011/07/EU directive.
3. Retention of title clause. It is indeed to be understood that the seller retains ownership of the merchandise and goods delivered until the purchase price and accompanying costs have been paid in full, in derogation from Article 1583 of the Civil Code.
4. Assignment of debt clause. If the purchaser re-sells the goods belonging to the seller, even if these have been processed, the former transfers with immediate effect any debt claims pursuant to such re-sale to the seller.
5. Express avoidance clause. When the seller does not comply with his, her or its obligations, the sale can be terminated ipso jure and without notice of default without prejudice to the seller’s rights to compensation for damages and interest. For this purpose the expression of intent shall be adequately expressed by registered letter. Such termination entitles our company the right to re-possess the goods by virtue of Article 3 of these terms and conditions, without requiring any legal formality. Advance payments made continue to accrue to the seller for compensation of possible loss upon resale.
6. There is always an attempt to meet delivery terms where possible but these are not really binding. The delivery term is mentioned to be met on condition that unforeseen prevention, such as delay beyond our control due to the companies representing us, strikes, accident, war, import prohibition or any other case of force majeure that might occur to our operations. Delay in the delivery does not entitle our customer to cancel the agreement nor to demand a refund for the direct damage caused by such delay. If the goods that are ready cannot be delivered on the date provided for a reason for which we are not to be blamed, they are stored at our premises or those of a third party and at the responsibility and risk of the customer, who, in addition, is obliged to take the accompanying costs at his, her or its expense.
7. Packaging used is adequate to allow the packed goods to travel by way of normal road or freight transport under normal circumstances and with due regard for the necessary care and possible instructions - which, in such cases, are stated on the packet or on the shipping note. The customer is liable for having the goods insured against any possible damage. We must receive notice of special requirements regarding the dispatch or insurance of the goods no less than five working days before the dispatch note provided. The customer shall be charged for all additional costs pursuant to this. All shipments travel at the customer’s responsibility and risk. The purchaser must report remarks concerning transport to the transporter without delay when the goods are received. Special or particular packaging is never included in the price. It is invoiced separately.
The purchaser must check the goods delivered upon delivery. For any remarks in this regard to be valid, they must be submitted to the seller in writing no later than eight days after delivery. Seller and purchaser must always agree on provisos concerning guarantee return and/or repairs in an additional and separate order. Apart from what is laid down separately in the guarantee, the seller shall not be obliged to provide any other guarantee or compensation for damages. In particular, the seller shall not be obliged to pay any compensation for damages for any damage to used goods or loss linked to the professional activity of the purchaser or of the persons for whom he, she or it is held liable in terms of Article 1384 of the Civil Code.
8. Any return must be accepted by us in writing in advance and may only contain new current standard goods. Any return of goods must be sent postage paid within 10 days after the original delivery. Any credit that arises from this return, shall be calculated as based on the amount invoiced, decreased by the various costs for surcharge, transport, treatment, cleaning, reassembling, etc. Such deduction shall in any event amount to twenty percent of the invoiced amount. The balance shall always be converted into goods.
9. The purchaser is responsible for complying with all the legal obligations concerning collection, processing, assessing the value of and removing electrical and electronic equipment, as is laid down in Directive 2002/96/EC of 27 January 2003, and any other current or future respective legislation. As sole person responsible, the purchaser who is in possession of this equipment shall be liable for financing the collection, processing, assessing the value of and removing the equipment which becomes waste at the end of the term of use. The purchaser must submit proof of compliance with such obligation if the seller so requests. If the purchaser does not meet this obligation, he, she or it shall be liable in respect of the seller for any pursuant damage suffered by the seller. The purchaser shall indemnify the producer from and compensate him, her or it for any damage, fines and claims that might ensue from the purchaser’s non-compliance with the above-mentioned obligation.
10. The seller is not responsible for installing the goods. Installation by the purchaser is done at the purchaser’s expense and responsibility. The purchaser must use the goods in accordance with the terms and conditions of use of the product, particularly as regards the safety measures. Any defect or damage due to incorrect use or not in accordance with the terms and conditions of use must therefore also be excluded from the responsibility of the seller.
12. The agreement and disputes arising from this are governed by Belgian law. If there is a dispute, only the Courts of the place of the seller’s registered office have jurisdiction.
13. Derogations from the above-mentioned general terms and conditions of sale only apply by way of a written agreement. The purchaser shall not be able to absolutely invoke his, her or its terms and conditions of sale when these are contrary to ours. The terms and conditions that may be printed on the purchase order and that might be contrary to our general terms and conditions only apply when we have explicitly agreed to them. The purchaser tacitly recognizes the above by the act of handing us the order.