General Terms and Conditions of Sale
1. Orders are performed as based on the price, reduction, terms and conditions applicable on delivery day. We reserve the right to change the manufacture, dimensions and names of our items. In the case of imported goods, the purchaser is presumed to be liable for any increase in the transport rates or import duties, which become applicable after the order has been accepted. Prices are linked to the quantity offered. Decreasing such quantity when placing an order can mean that the price will be reviewed. The seller retains full ownership of the studies and documents of any nature whatsoever, which the seller transmitted or sent to the purchaser. The seller also retains the ownership of its projects, which may not be transmitted or exported without its written permission.
2. The merchandise must always be regarded as having been received and definitively approved in our warehouses, even if they are sold carriage paid. The customer is at liberty to check the merchandise in our warehouses before departure or delivery. Any complaint hereafter shall be declared inadmissible. The risk of breakage or any other risk whatsoever during transport is at the purchaser's expense. We guarantee the good quality of our products, subject to the same terms and conditions as those of our manufacturers. Our responsibility never extends beyond that of the manufacturing factories towards us. Any complaint, of any nature whatsoever, must be filed in writing within eight days of delivery and works, and is subject to the risk of being declared inadmissible. If we must transmit an order for bespoke equipment to a factory we can never be held liable for any delivery delays because the manufacturing factory does not want to assume any responsibility towards us in the case of any possible delivery delays. If a complaint concerning the quality of the merchandise is acknowledged as founded, our responsibility is restricted to replacing the merchandise. We do not accept any return whatsoever without prior consent. The purchaser is obliged to check the contents of the delivery and the terms and conditions of the invoice immediately upon receipt. In view of this fact, no complaint whatsoever shall be subsequently accepted. Any possible returns are considered only on condition that these are sent to our address carriage paid and in the original packaging. We are the sole persons to have at our disposal the right to constitute the cause of a defect and any possible payment shall be paid at our discretion. No subsequent reclaims for refunds shall be accepted at all.
3. We do not regard ourselves as being bound to maintaining the quantity based prices that we charge if such quantities are decreased. This rule also applies if an order is performed after the option period has expired. All dimensions are to be taken personally by our services on the work site. Dimensions provided to us by third parties release us from all responsibility. The list of dimensional specifications provided to us for the purpose of custom manufacturing must always be transmitted in writing. We shall always regard these dimensions as exact dimensions, therefore without the necessary clearance, unless the regular and full orders are received.
4. The delivery deadline commences as from the order form. We are only obliged to perform this during a normal and reasonable period, regardless of the obligations which the purchaser and, possibly, its customers, may have undertaken towards third parties. Strikes, accidents and any other causes which were to hinder our production or supply are regarded as being cases of force majeure, which allow for an extension of the delivery deadline and the performance of the order, without the purchaser being allowed to cancel his, her or its order or to claim any compensation. Any delivery deadlines that may be agreed upon in an order before delivery of that order are always indicative.
5. The industrial drawings, plans, technical descriptions, etc. provided by us, remain our property and may only serve for works which we personally perform. Any violation of this provision shall grant us the right to claim compensation for damages, with a minimum of EUR 150, whereby we reserve the right to claim a higher amount of compensation if the detriment actually suffered is greater.
6. Any cases of force majeure which may occur during a purchase or work shall be calculated to our advantage. The following are to be regarded as cases of force majeure, which, as such, exempt us from any compensation for damages and responsibility whatsoever: strikes or stoppage in the factories, whether a part or all of these occurred suddenly during a purchase or during a work that was being performed; heavy accidents in our warehouses; any incidents or even indirectly pursuant to a state of war, rioting, blockages, etc. In those cases, we reserve the right to simply cancel the orders being performed or to postpone the delivery deadlines for them, without the possibility of being obliged to make us pay any compensation for damages as a result. Moreover, the agreed delivery deadlines are never binding under any circumstances whatsoever.
7. Our invoices, bills of exchange or receipts are payable in cash in Genk, and our bills of exchange do not prejudice this provision. If invoices are not paid on the due date, this amount shall automatically incur an increase of 10% without a notice of default from us and furthermore, 12% interest per annum shall start running as from the day following the due date. Payment shall only be regarded as having been settled as from the moment that we can freely avail ourselves of the equivalent value.
In the case where one invoice has not been paid on the due date, all other amounts owed and invoices shall become fully due and payable, even if the due date has not been reached, and any payment deferment granted shall also lapse.
8. Payments are always made according to the progress of the deliveries or works, so that we can never in any case whatsoever be obliged to await the end of the deliveries or the works to draw up the invoice. If any partial deliveries and works charged by us during the execution of a contract are not paid on the due date, we expressly reserve the right to either suspend the further performance of the deliveries and works until payment has been made in full or to regard the contract as cancelled with regard to the unpaid balance, without it ever being possible to oblige us to pay any compensation for damages whatsoever on these grounds. We also reserve the right to demand at all times that the customer should guarantee payment of the new deliveries and works for the purposes of further realising the contract by providing a surety or in any other manner. Our terms and conditions of sale continue to apply, despite any conflicting provisions by the customer. By placing an order the purchaser declares that he, she or it agrees with our terms and conditions of sale. All the goods that we deliver, even if they are processed, remain our property until all our claims, including earlier deliveries, are paid for in full and despite the fact that the risk transfers to the customer at delivery point. The goods can therefore be reclaimed by BV Painting With Light at any point in time during the entire course of the period during which property is reserved, without advance notice of default. The purchaser acts on behalf of the seller if the reserved goods are processed. The reservation of property by the seller therefore extends to the processing of the resultant goods.
9. All disputes, even if they concern bills of exchange withdrawn by us, fall exclusively under the jurisdiction of the Courts of the Judicial District of Tongeren, which is also the place where the agreement arose or must be executed. Only Belgian Law applies to all agreements.
10. Ownership of the goods shall only transfer after invoices have been paid in full. If the goods are resold and the price is not paid, the customer compels us to waive his, her or its right towards his, her or its own debtor. He, she or it shall provide us with the name, address and amount. This waiver does not release the customer from his, her or its obligations in this regard. If the customer's debtor does not pay the customer before notification of the waiver, the customer must inform us immediately. The customer is obliged to inform us immediately regarding any goods attached at his, her or its liability. If the customer does not make payment within the agreed period, we may claim that the goods be returned without any compensation. The customer is not allowed to pledge the goods or use them as surety. The customer is liable for any costs pursuant to the above provisions.
11. With the exception of special terms and conditions, our accounts are payable in Genk, in cash, by means of payment order or bank transfer, net and without any reduction.
12. Cancellations due to COVID 19 or future pandemics are no longer considered “Force Majeure”. Standard cancellation clauses will be applied.