The following conditions are applicable and overrule all purchase- or other conditions of the buyer :
1. PAYMENT
All invoices are payable immediately without discount in Alken at the address of the vendor, unless stated otherwise on the invoice.
2. INTEREST ON ARREARS WITH LATE PAYMENT
In the event of non-payment within the agreed period, the buyer shall automatically have to pay, without a prior default notice, interest on arrears equal to 1% for each month commencing.
3. PARTIAL PAYMENTS
Partial payments will be first used to pay off interest, penalties and any other charges, and then for the outstanding invoice amount(s).
4. LATE PAYMENT
In the event of late payment, the vendor reserves the right to block delivery of confirmed order.
5. TRANSFER OF OWNERSHIP
The goods delievered will stay the full property of the vendor untill full payment of the related invoice takes place.
6. PENALTY CLAUSE
In the event of non-payment on the due date the buyer shall automatically pay a penalty equal to 10% of the amount of the invoice.
7. CANCELLATION
In the event of the buyer cancelling before execution of the order commences, the byer shall automatically pay compensation equal to 10% of the amount of the order. Cancellations on any other point in time will not be accepted and not releave the buyer from paying the total amount of the order, regardingless if the delivery of the goods take place or not.
8. EXCHANGE RATE RISKS
All invoices shall be payable in the currency stated on the invoice. If payment is late, however, the vendor shall be entitled to require payment in the currency on the invoice or in EURO. The vendor also reserves the right to make any adjustment according to the exchange rate at the time of the invoice or at time of the payment.
9. DISCOUNTING COSTS
In accepting bills, any discounting cost shall be to the charge of the buyer.
10. COMPLAINTS
In order to be valid, all complaints must be made by registered letter stating all relevant information, including the order- and invoicenumber within 5 days of receiving the goods sold for visible defects, and for hidden defects within 5 days of discovering them, on penalty of any right lapsing. If the complaint is founded, the vendor may, depending on it's choice, replace or repair the goods concerned. If in the option of the vendor repair or replacement is impossible, the vendor shall credit the salesprice. Goods may only be returned with the prior written consent of the vendor. Such consent shall not imply any acknowledgement of liability. Technical differences in colour or appearance, or departures within the usual tolerance for the items sold and mode of transport shall not give grounds for replacement, repair or credit. A complaint shall not entitle the buyer to suspend full payment or to cancel the entire order, delivery or other orders. All complaints will be handled according to the vendors complaint procédure.
11. LIABILITY
The vendor shall not be liable for any damaged which arise from the use of the products and/or services sold, nor will he be liable for any subsequential damage which might occur. The buyer shall safeguard and idemnify the vendor against all damage and costs arising as a direct or indirect result of the claims of third parties relating to such damage. The vendor may not be held liable either for claims made by third parties against the buyer.
12. PRODUCTION MATERIAL
Production material shall be held by the vendor for six months after the last order relating to the title concerned, after which the material will be destroyed by the vendor, unless the buyer makes a written request for the production material to be returned or stored at the charges and risk of the buyer.
13. APPLICABLE LAW AND JURISDICTION
Only the law of Belgium shall apply to this agreement and the legal relations arising from it. Only the courts of the district of Tongeren shall have jurisdiction over any disputes.