GENERAL TERMS OF SALE

By putting an order the customer accepts our general terms of sale completely and without restrictions.

1. In order to commit our firm every order must be confirmed in writing in our offices . If there is no written confirmation, the invoice drafted by our firm will be considered as such.
2. We take all necessary steps in order to respect the terms of delivery and we do not accept any penalty of delay.
3. Late delivery never gives the right for indemnity nor for severance of the contract or cancellation of the order.
4. All goods are dispatched at the risk of the consignee.
5. Goods dispatched by railroad or by road are considered to be accepted by the client before their shipment; except for special arrangements, they are conveyed at the client’s own risk, even if the shipment is freight paid.
   The client must examine the goods upon delivery and make sure their package is in good condition. If the goods are damaged or damp, he must put in a proviso to the conveyer before accepting them. The Shipment will be insured only on explicit demand of our clients. Carpets or other goods, already fitted or yet to be fitted, are necessarily on the wharf or annexes of our clients, in their custody. In consequence we may never be held responsible for theft, damage or any other average.
6. Complaints are null and void if they are not made in writing to our firm NV Verimpex, at the latest within 5 days after the receipt of the goods.
7. Transport charges of our workmen are invoiced at the correct price, transport time as well as any works not anticipated in the present specifications, such as e.g. moving furniture, cleaning rooms, levelling, planning off doors, etc. are invoiced at 15,87euro/hour, after the index figure of 1/1/1978, and are thus liable to changes.
8. Our terms and prices for installation go for perfectly smooth and clean surfaces, in which nails can be fastened on the spot and which are ready for fitting.
9. If in our opinion there is a deterioration in the creditworthiness of the buyer on account of measures of judicial execution against the buyer and/or other negative demonstrable events, we reserve the right to suspend all or part of any contracts in operation and to ask the buyer to provide such guarantees as we may deem proper to ensure the fulfilment by the buyer of his engagements under the contract. Such request may be made before or after the delivery of all or part of any order. Should the buyer fail to meet any reasonable demand for such a guarantee, we shall have the right to cancel all or part of any contracts in operation. Such action shall not in any way limit or prejudice our other rights for damages and interests.
10. Even with a partial execution of the order we reserve the right to invoice the delivered goods immediately.
11. All invoices are payable in Bruges.
12. In the absence of any express written provision to the contrary, all our invoices are payable within 30 days after the invoice date.
13. Clause 13 doesn’t apply to invoice amounts of 247,89euro or lower. These are to be paid cash on delivery.
14. Any amount unpaid on the due date shall, automatically and without prior notice, attract interest at a rate 2% above the Belgian legal interest rate, with a minimum interest rate of 12%.
15. Should an invoice remain unpaid on the due date, we reserve the right to increase the invoice amount by a default indemnity of 15%, with a minimum of 12,89 euro.
16. If even one invoice remains unpaid on the due date, then the full amount of all invoices , regardless of their original date of maturity, is demandable automatically and without legal summons.
17. In the event that the buyer defaults in his obligations, the seller has the right to consider the contract cancelled/dissolved and this automatically and without legal summons and without prejudice to possible indemnity and interests. A letter sent by registered mail by seller to the buyer shall be evidence of the seller’s exercise of this right.
18. Until payment in full to us for the goods shall remain our property.
    Notwithstanding the foregoing, the risk in the goods and all liability to third parties in respect thereof shall pass to the buyer on delivery. The buyer shall be entitled to transform the goods or to incorporate them in a new product or products. In that case we reserve to ourselves the legal and equitable title to the final product or products into which the goods are incorporated or mixed. The buyer shall store the final products separately and property of these products shall remain with us until full payment will have been made to us for the goods.
    The buyer may sell goods in the normal course of his business but on condition that the buyer, in a fiduciary capacity as bailee of the goods, and for so long as he has not fully discharged his debt to us, shall hold and pursue claims for the proceeds of their sale equal to the price of the goods for and on behalf of us. The buyer shall fully pursue such claims and if necessary shall recover the sums due by legal process. The buyer shall if so required by us, allow us to conduct in the buyer’s name legal proceedings in respect of the moneys due on the sale of the goods. Any sums recovered by us a result of such proceedings (including sums accepted by us in settlement thereof whether or not equal to the sums claimed) shall be applied to the payment of the moneys due to us from the buyer and then to the reasonable costs incurred by us in the course of such proceedings. Any balance remaining shall be paid to the buyer.
    Prior to the sale of the goods, the buyer shall, so far as reasonably practicable, store the goods separately from similar goods of the buyer, mark the goods as our property and shall not remove, obliterate or in any manner alter any label, mark or other means we may have of identifying the goods.
19. The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill of exchange or by any other arrangement, nor shall any such act constitute a novation.
20. Disputes arising out of this contract shall be referred to the Courts of Bruges or, at the seller’s discretion, to the courts having jurisdiction at the buyer’s domicile. For our clients residing in Belgium only the Courts of Bruges are competent in case of a dispute.

If you have any remarks or complaints, please send them to the following e-mailaddress:customercare@verimpex.be