Terms & Conditions of Sale

NOTICE: These terms and conditions apply to all purchases of Products from Seller by any buyer with notice of these terms, however gained, including the use of Seller’s website.

1. Acceptance and complete agreement

Any order submitted by Buyer is binding only when accepted in writing at an appropriate office of Seller. The terms and conditions of sale are only those stated below, which, together with the writing or writings that identify the Products, quantity, price and other particulars as agreed by the parties, shall constitute the complete agreement (“Agreement”) between the parties and may not be altered or modified except in writing duly executed by authorized officers of each party.

2. Shipping

Shipping dates are estimates only and are not guaranteed. Seller will use reasonable efforts to make shipments as scheduled and may make partial shipments. All claims for shortages or error in shipment must be made, in writing, within ten (10) days after the Buyer receives the Products. If Buyer does not take delivery of the Products or does not take delivery of them in time, it shall be in default without the need for notice of default.

3. Inspection

All Products must be inspected immediately upon receipt. If any damage is discovered, such damage must be reported on the transportation documents. In the event that Buyer is of the opinion that the delivered Products are unsatisfactory, Buyer shall make a claim in writing to Seller within ten (10) calendar days after the date of receipt of the Products.

4. Exportation

If the Products ordered are to be exported, the quoted shipping dates are subject to receipt of all export documents and authorizations. Regardless of ultimate destination, the prices quoted are based on packing for domestic shipment unless otherwise stated in writing.

5. Prices

Prices quoted, unless otherwise stated by Seller, in writing, are Ex Works and do not include sales, use, value added, excise or similar taxes or duties, nor freight. Buyer shall pay all taxes directly if the law permits or will reimburse Seller if Seller is required to pay them.

6. Payment

Unless otherwise agreed in writing, payment is due upon Buyer’s receipt of Seller’s invoice regardless of Buyer’s sales relationship with any downstream customer. Any amounts not paid when due shall automatically bear interest at the rate of 1% per month (12% per annum) without prior notice.

13. Confidentiality

Buyer agrees that all drawings and other technical material whether prepared by Seller or by third parties under contract to Seller contain data which embody trade secrets and confidential information and know-how of commercial value to Seller. Buyer agrees to keep such information confidential.

14. Warranty; limitation of liability

All Products are sold on the condition that Buyer will examine and test samples prior to the initial purchase. Products are warranted to be substantially free from defects in material and workmanship when sold. The warranty period is one year from the date of shipment. Seller’s liability is limited solely to replacing any defective Product or, at Seller’s sole option, refunding the purchase price.

Legal jurisdiction

All Agreements to which these Terms apply are governed exclusively by Belgian law. Any disputes arising from or in connection with these Terms shall be brought exclusively before the courts of Turnhout.