GENERAL TERMS AND CONDITIONS OF EXPORT & SALES
All complaints will be well-founded and duly motivated and will be addressed directly to the factory within five days after receipt of the goods at the latest. Dispatch of the goods is at the buyers risk. The contractual execution can only be guaranteed for ordinary deviations. Goods always travel at the risks of the purchaser, even when the shipment is made franco.
Return of the goods will be effected free.
Dates of delivery will always be stated approximately. The mere expiration of a time of delivery will not cancel the contract. Should the occasion arise, cancellation will only be-possible after a written summons granting an ultimate reasonable time of delivery.
Our invoices are payable at Wielsbeke. Except contrary and written stipulation, our invoices are to be paid 30 days after invoice date. In case of contestation, the tribunals of Kortrijk or the tribunals of the domicile of the buyer, all on the choice of the seller, are only competent. Any amount unpaid at the date of payment takes with good reasons interest in the rate of the discount applied by the National Bank at the moment of the issue of the invoice on the promises and bills which are not domiciled in bank, increased by 2 %.
All collecting and protest charges of accepted or unaccepted drafts, postal collection orders and others fall upon the buyer. The presentation of drafts does not change the place of payment.
In case of partial or total non-payment of a debt at maturity without well-founded reasons, the balance due, after a vain summons, will be increased by 12 %, with a minimum of 50 EUR and a maximum of 1.487 EUR, even by adjudging days of race.
The execution of new orders may be refused, if the previous ones have not been paid for. The representatives are not authorized to collect money. Orders booked by them are only binding upon us after confirmation.
If the buyer is allowed to pay by accepted bills, the total amount becomes due in full, as soon as one of the acceptances has returned unpaid.
When the seller doesn’t fulfill the engagements, the sale will legally and without notification be cancelled. The manifestation of the bill by registered letter will therefore be sufficient.
When only one invoice is unpaid at the date of payment, the amount due for all the other invoices, even not due, shall be claimable with good reason.
When the credit of the buyer is deteriorating we consider that we have the right, even after partial dispatch of the goods, to require from the buyer the guarantees that we think proper for a good fulfillment of the entered engagements. When the buyer gives us not satisfaction concerning this point, we have the right to cancel all or a part of the order.
The title in the goods shall pass to the buyer only when payment in full has been received by the seller for all goods whatsoever supplied (and all services rendered) at anytime by the seller to the buyer. The buyer shall permit the servants or agents of the seller to enter on to the buyer’s premises and repossess the goods at any time prior thereto. As long as payment has not been effected the buyer cannot sell, pledge or offer goods as guarantee or collateral security. Should the goods (or any of them) be converted into a new product; whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions, the conversion shall be deemed to have been effected on behalf of the seller and the seller shall have the full legal and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party, and the buyer hereby indemnifies the seller in relation thereto. In the case of non-payment at the due date and upon demand, the buyer must return forthwith to the seller all merchandise unpaid for.
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