General Terms and Conditions of Sale of BIS NV, BE0433.792.017.
Art. 1. In the absence of any other written agreement, our sales are governed by these general terms and conditions of sale. Any order implies the buyer’s acceptance of these terms and conditions of sale and, where applicable, a waiver by the buyer of the right to invoke their own terms and conditions of sale.
Art. 2. The execution of the order is equivalent to its written confirmation. The sending of price lists, catalogues, samples and any other documentation is provided solely for information purposes and does not constitute any commitment on our part.
Art. 3. The goods travel at the buyer’s risk from the moment of loading, even if, by special agreement, the shipment is carriage paid. The goods are sold, received and deemed accepted in our warehouses, even when shipments are carriage paid. Goods dispatched by rail, ship, aircraft or lorry are always transported at the buyer’s (consignee’s) risk. The goods are deemed to have been accepted upon leaving our warehouses. Acceptance of the goods precludes any claim by the buyer.
Art. 4. Delivery times are provided for information purposes only. Failure to meet the specified delivery time or any other delay in the delivery of the goods shall not entitle the buyer to claim damages or to terminate the contract.
Art 5. Defects justifying the buyer’s refusal of the goods may oblige our company to replace the goods recognised as defective, to the exclusion of any compensation. The replaced goods remain the property of our company. No goods will be taken back without prior written consent. All goods returned whose packaging has been opened or which are not in their original packaging will be subject to a 25% charge; in other cases, 10%.
Art. 6. No complaint regarding a hidden defect shall be accepted after a period of one month from the dispatch of the goods. Defects identified during this period must be reported in writing, failing which the claim shall lapse. They shall give rise to the replacement of the goods recognised as defective in accordance with the conditions set out in Art. 5.
Art. 7. Our invoices are payable in cash, without discount. Any invoice remaining unpaid on its due date shall, by operation of law and without notice of default, accrue interest from the due date. The fact that any complaint has been lodged does not exempt the buyer from complying with our terms and conditions of sale and payment terms. The seller retains title to the goods until the buyer has fulfilled their financial obligations towards the seller.
Art. 9. In the event of delay, late payment or partial payment of overdue invoices, interest at the rate of 20% per annum shall be payable by operation of law and without notice of default, as well as a fixed compensation amounting to 10% of the invoice amount, with a minimum of €100. This clause in no way precludes the immediate enforceability of the debt.
Art. 10 Value added tax or any other taxes and duties that directly or indirectly apply to any sale shall be borne by the buyer.
Art. 11 Only the courts of the district of Hasselt shall have jurisdiction, including in summary proceedings, to hear all disputes in which our company is involved, whether as claimant or as defendant.
