General conditions

nv T.Deco , Ghistelstraat 93 , 8870 Izegem, vat 0 458 898 882 , registrar brand names fasset & d’assemblage

General conditions of sale :

1. Our merchandise is sold exclusively on these terms, which are also the buyer’s terms.

2. Reception : the goods travel non-franco and at the risk of the buyer , even in the case of different free delivery the following provisions remain applicable. In principle, the acceptance of the merchandise always takes place before departure from our warehouses. This clause covers the conformity of the merchandise in terms of quality, quantity and dimensions. The loading of the goods by the purchaser is considered as an unconditional and definitive acceptance of the goods. The buyer is obliged to carry out the inspection. In case of acceptance by intermediaries, these intermediaries are always deemed to act as mandated and on behalf of the buyer.

3. In case the buyer raises the non-conformity of the merchandise, either before or after delivery, the buyer shall bear the burden of proof of the non-conformity of such merchandise.

4. The Purchaser shall also firmly undertake to grant to the Vendor all guarantees which it shall require during the performance of the contract as security for the payment of the purchase price and the performance of the contract. These guarantees are, at the discretion of the vendor, either a pledge on commercial funds or element thereof, or acceptances, with or without aval at the discretion of the vendor, bank guarantee, etc… cost of establishment to be borne by the buyer.

5. The delivery period is without commitment on our part and only a serious estimate, the buyer grants us an additional period of 30 days after registered notice of delivery. This additional period of 30 days can only run from the end of the originally specified delivery date. The vendor shall not be responsible for damage and/or adverse consequences resulting from a delay in delivery and/or assembly if our company does not obtain raw materials or products from suppliers on time or in the event of a strike and in the event of force majeure. In this case, the client shall be free, after a notice of default of thirty days after the due date has remained without effect without compensation from either party, to dissolve the contract for the unperformed work, subject to immediate settlement between the parties. The seller is never in default without any notice of default. The goods must always be collected by the buyer within eight days after they have been made available. If this period expires, the invoice will be drawn up and due.

6. The Courts of Kortrijk shall have exclusive jurisdiction to hear all legal actions. Only the Vendor may derogate from this clause.

7. All our prices are cash prices. Invoices are payable in cash at the registered office in Izegem. In case of non-cash payment, our prices are increased by 10% due to supplier credit, with a maximum of 2.000,- €, with or without formal notice. Subject to payment first month after invoice date net, without discount or in case the seller offers bills of exchange, which the buyer accepts and honors on due date, at the term determined by the seller.

8. Any sum not paid on the due date shall be due by operation of law and without any summons being necessary and shall bear interest of 1% per month as damages.

9. If the order is to be made, according to the drawing or model provided, all to scale , then the indications and modalities specified by the buyer shall determine the execution and conformity and the latter shall bear the responsibility.

10. In case of failure by the purchaser to provide the requested guarantees, or in case of non-payment or late payment of a value or an invoice on the due date, the deliveries may be stopped, even without formal notice, either temporarily, or at the discretion of the Vendor. The Vendor may consider the contract terminated by operation of law and demand immediate payment of all sums due, without regard to the time allowed, even in the case of bills of exchange.

11. Rescission at the expense of the buyer : in all cases where the sale is rescinded at the expense of the buyer, the buyer undertakes to pay to the seller, as damages for loss of profit, a lump sum corresponding to 20% of the value of the goods, the sale of which is rescinded ( art. 1152 – 1184 Civil Code ). However, in case where the goods are already in production, the company is entitled to full damages, but only according to its choice.

12. It is expressly and hereby agreed in writing that the delivered goods remain the full property of our company until full payment, in accordance with the Law of 8.8.1997. In case of non-payment and after notice of default and provided that it remains without effect for eight days, the Vendor has the right to collect the delivered goods in kind, even if they have been partially paid. In case of refusal to allow collection, our company has the right to claim a penalty of 250,00 €. per day of delay. As it concerns the delivery of business equipment, our company has the right to submit its invoices in accordance with the legal provisions in order to preserve the privilege.