The contract is subject to the Belgian Law. All disputes fall under the exclusive jurisdiction of the Leuven Court and the Justice of the peace of Aarschot. These general conditions are also drawn up in French and Dutch. The Dutch text shall always override in case of dispute. In case of one article being contrary to the law, only this article will be considered as void.
Except for explicit, exceptional and written agreement, the following conditions of sale are valid. They are supposed to be known by the contracting parties and they prevail against those of the buyers.
All complaints and contestations shall be made in a registered letter , within 10 days after invoice date. After this period they are no longer acceptable.
4. Damage and rescission
The seller can cancel the agreement in case of non-observance of the agreement by the buyer. In that case the seller can claim damages equal to 20% of the contract's worth, under reserve of increase if the losses are higher. An equal damage is payable if the agreement is cancelled at the expense of the seller, except if in case of force majeure, strike, lock-out, war, government measures and the like, the seller is in the impossibility to carry out the agreement. In that case he retains the right to cancel the agreement without the buyer having the right to claim compensation. The seller retains the right to consider the agreement as disbanded by law without serving notice upon the buyer, in case of bankruptcy, insolvency or whatever change in the legal state of the buyer.
5. Property provisions
The goods sold remain the property of the seller until full payment of the invoice. In case of non-payment the seller retains the right to take back the goods delivered without any mediation of a Court. All risks to which the goods are exposed shall pass to the buyer upon delivery.
6. Price, payment and delay in payment
All invoices are payable cash at the head office of the seller. In case of non-payment of an invoice or a bill of exchange on the appointed due date, an interest of 1% per month will be applied, by law and without reminder. In case of complete or partial non-payment of the amount due on the expiry date the amount due shall be increased by 12% with a minimum of € 125,00 and a maximum of € 2.500,00, the legal costs not included and without affecting the rights of the seller to increase damage and prove to be recovered.
Once the receipt is signed by the buyer for acceptance and approval, the buyer has no more means to recover from the seller, even in case of a delivery not in accordance with the order. The terms of delivery are always approximate, they are observed as much as possible, but they are never binding to the seller. A delay in delivery can in no case give cause for damages or interests due by the seller.