General Terms and Conditions
Each order is subject to these general terms and conditions to the exclusion of the customer's conditions or practices. The customer is deemed to know and accept our general terms and conditions by the simple fact of placing an order. Deviations from or additions to these terms and conditions shall only be effective if confirmed by us in writing.
All offers, even if made in the form of a pro forma invoice, are made without obligation, unless otherwise stated. Only the written confirmation of these price offers, including any commitments made by our sales representatives or agents, are considered as acceptance of the order.
The sending of samples and communication on labels and/or technical data sheets shall be considered as information and shall only give an approximate description of our products.
The goods are always transported at the risk and expense of the customer, unless otherwise specified and confirmed by us. All complaints regarding shipments shall be admissible only if, upon receipt of the goods, an explicit reservation is entered on the carrier's shipping bill, stating the number and type of damaged or missing goods and on condition that this reservation is confirmed to us in writing within 14 days after the receipt of the goods. The same rule shall apply to deficiencies regarding conformity and visible defects. Once the delivery note has been signed for receipt and approved, the buyer may no longer proceed against the seller, even if the delivered goods do not correspond to those ordered. The shipment may be split according to the choice of our company. All goods are always delivered ''on the doorstep of the delivery address''.
Any instruction given by the customer to the seller's staff or servants or to the seller's carrier regarding the introduction of the goods into its facilities or any manipulation with the goods shall be at the risk of the customer.
4. Delivery period
Delivery periods are indicated by approximation and orders are sent in batches. Unless otherwise specified, compliance with these deadlines shall not give reason for cancellation, refusal of the goods or compensation for costs, damages or interest. Strikes, accidents and all causes that could obstruct our production or supply are considered as cases of force majeure, which justify a postponement of the delivery period or the periods for the completion of the orders, without the purchaser being entitled to cancel his order or to claim any compensation. All cancellations and all goods that cannot be delivered within the agreed period due to the failure of the customer shall be subject to a storage fee of 20% of the value of the contract, possibly increased if the damage caused is higher.
The deposit for packaging will be charged in the same way as the goods. The guaranteed packaging remains the property of the seller. They must be returned, postage paid, to the seller's warehouse within two months of the date of delivery of the goods. They must be provided with all original labels and tags. When returned, the packages must be in perfect condition, both inside and outside, hermetically sealed, not contaminated and completely empty. In addition, they must not have contained any products other than those for which they were invoiced. If the foregoing is not respected, the deposit will not be returned to the buyer and the seller has the right to refuse to take back the guaranteed packaging.
The conditions of the Belgian Syndicate Chamber for the Wholesale Trade in Chemical Products apply to this guaranteed packaging. A copy of these conditions can be obtained from the seller on request.
The prices and offers are given by way of indication only and are not binding on the seller. The seller shall be entitled to update them at any time up to the acceptance of the order. After the order has been accepted, the seller may adjust or revise prices within the limits of the law of 30 March 1976 (Article 57), in accordance with the parameters relating to actual costs which form part of the final price, but only up to the amount that they represent in this final price and not more than 80% of the final price set. Except for orders and contracts concluded at fixed and non-revisable prices, our goods shall be delivered at the prices or price lists in force on the date of delivery.
Invoices shall be paid on the due date indicated or, in the absence of such an indication, within 30 days of the date of dispatch stated on the invoice.
Prices in foreign currency shall be determined at the exchange rate of the day on which the goods are made available. Any change in this rate shall give reason for a proportional adjustment. Any increase in import duties, transport costs, taxes, etc. between the date of sale and delivery shall be at the expense of the buyer. Our invoices are payable in cash at the seller's domicile, net and without discount, unless otherwise stipulated in writing. The drawing and/or acceptance of bills of exchange does not imply novation and does not constitute a derogation from the terms and conditions of sale. Any amount unpaid on its due date shall, automatically and without notice, attract interest at the rate applied by the National Bank of Belgium to advances on government paper, plus 2%.
In the event of non-payment by the due date, we reserve the right to increase the amount of the invoice by 20%, with a minimum of EUR 62. The non-payment on the due date of a single invoice renders the balance due of all the other invoices, even those not yet due, immediately payable by law. This eventuality allows us to postpone or cancel the execution of our commitments, without any compensation being owed. Without prejudice to the buyer's risk with regard to the goods, we reserve the right of ownership of the delivered goods until full payment of the price. The paid advances shall remain acquired by the seller as compensation for possible loss in case of resale. No complaints or disputes shall authorise the suspension of payments.
The buyer is obliged to handle and use our products in accordance with the rules of the art and the special application methods that are supposed to be known.
Incorrect application or use for purposes other than those originally specified shall exclude any responsibility on our part. Our liability is limited to the quality of our products. If this quality proves to be insufficient or not corresponding, our commitment and this regardless of the consequences of this defect, is limited to the qualitative replacement of the defective product and, if this is not possible, to the restitution of the price. Apart from this point, we decline all liability for trading losses, insofar as we are not prevented from doing so by mandatory laws. Any action regarding hidden defects shall only be admissible within a period of 3 days following receipt of the goods.
Advice and opinions are given to the best of our knowledge and ability and do not make us liable in any way whatsoever, including for trading losses. This also applies to tests and demonstrations carried out in our own name or in the name of our suppliers. These are carried out without any guarantee.
They do not release the customer from carrying out tests and examinations with a view to its own specific applications.
9. Applicable law and competent court
Every contract is subject to Belgian law and the Belgian courts have exclusive jurisdiction to deal with any disputes. All disputes shall be subject to the exclusive jurisdiction of the territorially competent court of the seller's place of business. The fact that one of the clauses included in these general terms and conditions is invalid or can be declared invalid shall not affect the validity of the other clauses.
10. Relief clause
The customer declares to have been fully informed by the seller of the conditions of application and use of the products supplied. The buyer also confirms that he has had access to the information available at that time, either labels or technical information, and that he agrees with this content. The seller therefore rejects any claim for compensation in advance.
11. Right of return and renunciation
Within the framework of remote sales to consumers who fall within the scope of application of the Act of 6 April 2010, the consumer has the right to inform the seller that he renounces the purchase, without having to pay a fine and without having to state a reason, within 14 calendar days from the day following the delivery. If you wish to exercise this right, you must return the goods in their original condition and packaging at your own risk and expense to Vosschemie Benelux, Mechelsesteenweg 303, 2500 Lier, Belgium. Goods that have been custom made for the Buyer will not be taken back. The costumer cannot appeal to the renunciation right.