Conditions
|
Terms and conditions 2. Orders and contractual arrangements: Orders are only accepted from businesses or persons with a valid business registration number, VAT number or equivalent. KAYES SPRL/BVBA reserves the right to refuse orders. The sales and/or delivery agreement is considered to come into effect on the date of written confirmation by KAYES SPRL/BVBA by means of an order confirmation and/or invoice. 3. Prices and amendments: Prices are expressed in Euros and do not include VAT, shipment/delivery costs or accompanying taxes. Separately listed shipping/delivery costs or taxes are merely indicative. KAYES SPRL/BVBA reserves the right to amend prices by means of an amended price list. For orders already placed, KAYES SPRL/BVBA reserves the right to apply a proportionate price increase in the event of an increase in the cost of raw materials, energy costs and in general all costs and fees related to the purchase and/or delivery of the ordered products. In such cases, KAYES SPRL/BVBA shall send the buyer an overview of the prices to be increased. This overview is then binding for both parties. 4. Delivery, dispatch and risk: The delivery of goods and the transfer of risk to the buyer take place in all cases in our warehouses. The dispatch and transportation of goods is carried out at the buyer’s expense and risk, irrespective of the means of transport or the agreed conditions or location of delivery. Consequently, all costs related to such transport including the risks of potential delays, damage or loss, irrespective of the nature, incurred during or as a result of such transportation and/or loading activities are to be born exclusively by the buyer. The buyer releases KAYES SPRL/BVBA from any and all liability in the event of delays, loss or damage. Damage or loss incurred during or as a result of transportation or dispatch does not release the buyer from his/her obligations with regard to payment of the goods within the contractually stipulated time span. Return goods are not accepted without the written consent of KAYES SPRL/BVBA and then only at the buyer’s expense and risk. 5. Delivery times: Stipulated delivery times are merely indicative. Delays may not be considered grounds for dissolution of the agreement nor for the payment of any compensation. Orders are sent when they are complete, unless otherwise agreed, in which case any additional costs are to be born by the buyer. 6. Packaging and dispatch: All goods are checked and packed with the greatest care. Packaging costs are a part of the delivery costs and packaging and dispatch are carried out at the buyer’s expense. The goods are insured for transport risks for a maximum amount of €10 per kg. Extended or additional insurance must be expressly requested by the customer in writing no later than the date of order. The buyer is responsible for safeguarding his/her interests and for the submission of claims against the transporter and/or insurer, whose details are available upon request. 7. Payment: A deposit of 30% is payable on special orders. The buyer shall receive a deposit receipt. Goods will only enter production upon receipt of this deposit. Prior to shipping, the buyer shall receive an invoice and pack list for the remaining balance which is payable immediately. KAYES SPRL/BVBA reserves the right to halt shipping and delivery until such time as payment has been received in full. All additional invoices are payable by the applicable deadline. Any costs related to payment are to be born by the buyer. Invoices are payable to the registered headquarters of KAYES SPRL/BVBA. Payment by means of compensation with potential claims of the buyer is not permitted. Any outstanding amounts not paid by the deadline will be legally and without default increased with interest as per the Law of 2 August 2002 with respect to delayed payments in trade transactions and the interest rates published biannually in respect of this law. In addition, a fixed compensation of 10% is payable on the outstanding amounts or amounts paid after the deadline, notwithstanding additional costs for legal and extra-legal debt collection. 8. Complaints: Rolls of natural fabric can display small imperfections (small holes, creases, stains). These imperfections are normal and are not grounds for return or reimbursement either in full or in part. The buyer is responsible for checking the correctness, quantity and quality of the goods upon receipt. Complaints in this regard will only be accepted within 5 working days following receipt under penalty of inadmissibility, by registered mail or telefax from the buyer to KAYES SPRL/BVBA and on the condition that the goods are retained for examination. In the event a complaint is declared well-grounded, the buyer only has the right to replacement goods or additional goods in the event of missing items without any form of compensation. The liability of KAYES SPRL/BVBA is consequently limited to aforesaid replacement or addition. KAYES SPRL/BVBA can under no circumstances be made liable for the payment of any form of compensation either for direct or indirect damages. All complaints with respect to the content of our invoices must reach us within 8 working days following the invoice date under penalty of inadmissibility. 9. Reservation of ownership: All goods sold remain property of KAYES SPRL/BVBA until the sales price is paid in full including any and all additional costs. In the event of sale to a third party, KAYES SPRL/BVBA reserves its right for the amount received for the onward-sold goods. Non-payment of any outstanding amount renders the goods claimable. This reservation of ownership is notwithstanding the transfer of risk as stipulated in art. 4 of the present conditions. For the duration of the reservation of ownership, the buyer is obliged to insure and maintain the goods in good condition. He/she is to take care that they remain identifiable as property of KAYES SPRL/BVBA. Payments are first charged on invoices related to goods already processed, used or sold by the buyer. 10. Termination of the agreement: In the event of non-compliance with any part of the agreement by the buyer, as in the event of the latter’s bankruptcy, the agreement is legally terminated without default at the expense of the buyer, notwithstanding the possibility for KAYES SPRL/BVBA to legally communicate this termination in writing. In the above-mentioned event, the buyer is obliged to return all delivered goods at his/her expense and risk and to compensate KAYES SPRL/BVBA for all damages including any loss, costs incurred and profits foregone. 11. Applicable law and jurisdiction: Any and all disputes in relation to the agreement between KAYES SPRL/BVBA and the buyer/counterpart are governed by Belgian Law, irrespective of the buyer’s registered headquarters, to the express exclusion of the 1980 Vienna Sales Convention of 11 April 1980 (Law of 4 September 1996). Any and all disputes with the buyer with respect to the conclusion, interpretation, execution or termination of the agreement is the exclusive jurisdiction of the Belgian courts. |
