General conditions and terms of sale
1. General provision
1.1. Only our present general conditions and terms of sale are in effect.
1.2. Each order is subject to the present general conditions excluding the customer’s own
conditions .
1.3. Any order confirmed in writing by the seller entails the buyer’s acceptance of the present
general conditions and terms of sale.
2. Terms
2.1. In case of ex parte cancellation by the seller, we reserve the right or to demand the
implementation of the order, or to claim damages. In the latter case, damages amount to
fifty percent (50%) of the value of the non-purchased goods.; the advanced payments
remain acquired by right and constitute a warranty apart from other damages.
2.2. Goods can not be refused by the buyer; no reimbursements due to delivery delays can be
charged to the seller, except in case of prior and explicit written agreement by the
seller.
2.3. The delivery terms are disregarded in the event that the customer does not strictly abide
by the payment conditions.
2.4. Delivery terms are to be considered approximate. Making mention of delivery terms does
not infer any guarantee to our intrests. Delays can under no circumstances be given cause
for repudiating the agreement or for claiming damages.
2.5. If we were to be unable to execute the agreement as a consequence of force majeur,
strikes, accidents, deficiency of raw materials (including if such events were to occur
with raw material suppliers), fuels etc., we reserve the right to breach the agreement
without the customer having the right to claim any damages.
2.6. We reserve the right to consider the agreement repudiated by right and without previous
formal notice in case of bankruptcy or apparent insolvency.
3. Acceptance – delivery – transport
3.1. Any condition of acceptance other than the ones adopted by us on confirmation
of order, will be disregarded. The goods are considered received and accepted upon
shipment from our maintenance and storage facilities, provided that there is no special
agreement.
3.2. The goods are always sold as delivered, in our maintenance and storage facilities, also
when they are directly collected by the seller, or when the latter one or we appoint a
transport operator. The seller can not be held responsible for any damage or loss of value
as from delivery of the goods.
3.3. Transportation costs and possible risks, unless otherwise agreed in writing, will be at the
expense of the buyer. The goods are shipped at the buyer’s risk. Only the haulier can be
held responsible for damage caused during transport.
3.4. If we do the shipment or appoint a transport or logistics company, we are only to be
considered as acting in the capacity of a proxy of the customer. Shipment of the goods,
including when it is free of charge, is at the customer’s risk and responsibility,
who commits himself to verifying the state of the goods and packages upon arrival and if
necessary filing a claim against the hauliers in due time. Unless special directions are
given by the buyer with regard to the way and means of shipment, it will be carried out
without any guarantee as to the choice of the most economical rate or the shortest road.
4. Prices – payment – conditions
4.1. Prices are never subject to any commitment and are determined at the rate in force on the
day of written order confirmation by the seller.
4.2. All invoices are payable, in Euro, in Grobbendonk - Antwerp.
4.3. Save as otherwise laid down, our invoices are payable on invoice
date.
4.4 The exchange rate risk is entirely at the expense of the buyer.
4.5. VAT and all costs for legalization, bills of lading, customs and generally any other costs
and taxes applying to the value of the goods, are at the expense of the buyer.
4.6. We always reserve the right to charge for partial deliveries.
4.7. We also reserve the right, including after partial delivery of an order, to require any
security from the buyer as a guarantee for the fulfilment of his obligations. The buyer’s
refusal to abide by his commitments, entirely or partially, gives the seller the right to
breach the agreement without previous reminders, or without him having to enforce (
ratify) such breach through legal channels. Such provisions will not affect the seller’s
right to claim damages or interests.
4.8. The execution of the order might be suspended or refused if previous deliveries were not
paid when due or have still not been paid.
4.9. After 5 days as from delivery, the goods are considered approved, both with regard to
quantity and quality. Complaints are only considered valid when they are sent to us by
registered mail. A complaint regarding non-conformity is to be filed within eight days as
from delivery; in case of invisibly defective goods, the complaint is to be filed within
eight days after finding such defect and not later than six months as from delivery. In any
case, the complaint should be filed before the goods are resold. If the complaint is
considered founded and acceptable, the obligation of the seller is confined to repairing the
defective or damaged goods and the maximum reimbursement shall not be higher than
the invoice amount of the sold goods. Filing a complaint does not cancel the customer’s
payment obligation.
4.10. Because of the natural character of wood, we will not be reliable for flaws arising from
differences in temperature, differences in moisture, mechanical influences, lack of
maintenance, the effect of chemical substances…
4.11. In case of non-payment on the expiration date, a monthly 2% interest on arrears will be
due by right and without previous notice, each started month being considered as
expired. Furthermore, a 15% flat-rate sum on the amount due will be charged, with a
minimum of 300 Euro.
5. Reservation of ownership
5.1. The seller remains the owner of the goods until de buyer has completely paid the
purchase price, including if the goods have been worked.
5.2. Advance payments on orders are non-refundable in case of contract breach by the buyer,
without prejudice to our right of claiming additional damages if there should be any cause
therefore.
6. Court having jurisdicion
6.1. Only the courts of Antwerp will be qualified to settle judicial disputes.
ArteMesa bvba
2280 Grobbendonk – BELGIE
BTW BE 0817 932 704