GENERAL TERMS OF SALE
Unless expressively mentioned otherwise and stated in writing, both parties accept following terms of sale. No other terms of sale printed on letterhead or other documents of our clients will be accepted.
- All our offers are without engagement, except when specifically mentioned.
- Delivery schedules are given purely informatively. Any delivery delay does not authorise the buyer to cancel the order or to have any claims against the seller.
- The goods, even when they are cash on delivery, are shipped at buyer‘s risk. As we give orders to the dispatcher, we only act as representative of the buyer.
- The goods will be considered as accepted by the client both in quality as in quantity with the terms agreed upon. All claims to be valid must be made via registered mail not later than eight (8) days after receipt of the goods. After this period no claims are accepted anymore.
- Retention of title The title in the goods shall pass to the Buyer only when payment in full has been received by the Seller for all goods whatsoever supplied (and all services rendered) at any time by the Seller to the Buyer. The Buyer shall permit the servants or agents of the Seller to enter on to the Buyer‘s premises and repossess the goods at any time prior thereto. As long as payment has not been effected the Buyer cannot sell, pledge or offer goods as guarantee or collateral security. Should the goods (or any of them) be converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever and whatever proportions, the conversion shall be deemed to have been effected on behalf of the Seller and the Seller shall have the full legal and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party, and the Buyer hereby indemnifies the Seller in relation thereto. In the case of non-payment at the due date and upon demand the Buyer must return forthwith to the Seller all erchandise unpaid for.
- Under the terms and conditions mentioned Belgian Gifts & Incentives bvba will replace a product - which was sold by Belgian Gifts & Incentives bvba - that shows defaults, by a similar product of the same value. Above-mentioned engagement of Belgian Gifts & Incentives bvba cannot be applied when the client fails to inform Belgian Gifts & Incentives bvba by registered mail within eight (8) calendar days after delivery date of this product. In any case the responsibility of Belgian Gifts & Incentives bvba can‘t go further than replacing the default product, and Belgian Gifts & Incentives bvba can‘t be claimed any further payments. Belgian Gifts & Incentives bvba is not responsible for any indirect loss or damage. Discrepancies in size, colour, dye, knit and finish will be explicit approved seen the nature of the composition of the products and their production in great quantities. In any case the replacement of the default products will only be effected when the default shows on more then 5 percent of the total number of goods bought. All goods transformed by the client or a third party will not be replaced.
- Unless mentioned otherwise all our invoices are to be paid net cash in Sint-Martens-Latem, without deductions, this unless other written agreements. Our acceptations for any other way of payment, e.g. bill of exchange, brings no dept renewal and does not sever the in the conditions contained stipulations.
- Any controversy will be settled definitively by arbitrage (B.A.I.=Belgische Arbitrage Instelling=Belgian Arbitage Institution), in conformity with its regulations for operation that can be obtained free of charge at B.A.I., Lieven Bauwensstraat 20 at B-8200 Brugge (tel. 0032 50 32 35 95 and fax 0032 50 31 37 34). This clausule is part of the sales conditions and replaces all other clauses contrary to it.
- In case of non-payment of this invoice within 30 days, the amount due will carry an interest of 15% per month starting on the 31st day until full payment. This without any prior notification or legal warning. All refused cheques when cashed, lead to the cashing of a recorded indemnification of 12,39 € in favour of Belgian Gifts & Incentives bvba A recorded amount of 61,97 € will be cashed for all unpaid and due bills of exchange. For all outstanding payments for due invoices the term will be declared null and void for all delivered goods and the payment of these goods become immediately claimable.
- In no case we will pass the art. 1254 of the Civil Code, the payments will have priority over the due interests and costs.
- In case of full or partially non-payment of a dept on the due date, the amount due will be increased by 15%, after wasted effort to regain the dept amount, and this with a minimum of 50 €.