GENERAL TERMS AND CONDITIONS
OF EXPORT & SALES
ARTICLE 1 :
All complaints will be well-founded and duly motivated and will be addressed directlyto the factory within five days after receipt of the goods at the latest. Dispatch of thegoods is at the buyers risk. The contractual execution can only be garanteed for ordinarydeviations. Goods always travel at the risks of the purchaser, even when the shipment ismade franco.
Return of the goods will be effected free.
Dates of delivery will always be stated approximately. The mere expiration of a time ofdelivery will not cancel the contract. Should the occasion arise, cancellation will only bepossible after a written summons granting an ultimate reasonable time of delivery.
Our invoices are payable at Wielsbeke. Except contrary and written stipulation, ourinvoices are to be paid 30 days after invoice date. In case of contestation, the tribunals ofKortrijk or the tribunals of the domicile of the buyer, all on the choise of the seller, are onlycompetent. Any amount unpaid at the date of payment takes with good reasons interestin the rate of the discount applied by the National Bank at the moment of the issue of theinvoice 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 doesnot change the place of payment.
In case of partial or total non-payment of a debt at maturity without well-foundedreasons, the balance due, after a vain summons, will be increased by 12 %, with aminimum 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 paidfor. The representatives are not authorised to collect money. Orders booked by them areonly 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 legaly and withoutnotification be cancelled. The manifestation of the bill by registered letter will therefor besufficient.
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 fulfilment 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 beenreceived 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 sellerto enter on to the buyer’s premises and repossess the goods at any time prior thereto. Aslong as payment has not been effected the buyer cannot sell, pledge or offer goods asguarantee or collateral security. Should the goods (or any of them) be converted into anew product; whether or not such conversion involves the admixture of any other goodsor thing whatsoever and in whatever proportions, the conversion shall be deemed to havebeen effected on behalf of the seller and the seller shall have the full legal and beneficialownership 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 theseller in relation thereto. In the case of non-payment at the due date and upon demand, thebuyer must return forthwith to the seller all merchandise unpaid for.