General conditions of sale

  1. By entering into agreements with us, the buyer acknowledges these conditions and accepts them as an integral part of the agreement. All conditions that would be formulated by the buyer or the broker by way of deviation from these conditions or the General Terms and Conditions of Sale of Antwerp, are not opposable to us, unless after written acceptance by us.
     
  2. Our quotations, as well as the specified delivery times, are only given by way of approximate information, but can never imply any obligation on our part. Exceeding the terms can under no circumstances, even after notice of default, give rise to termination of the agreement or to any compensation. The buyer has no right at any time to refuse a late delivery.
     
  3. For every placed order the buyer is obliged to pay in full for all ordered goods. If the buyer indicates that he wishes to cancel all or part of the purchase, the seller has the choice between, on the one hand, the enforced execution of the agreement and, on the other hand, the dissolution of the agreement at the expense of the buyer, whereby the buyer is obliged to pay a fixed compensation equal to 25% of the amount of the order with a minimum of 200 EUR, without prejudice to the right of the seller to prove his additional damage. The seller will inform the buyer in writing of his choice. Force majeure relieves both parties of their mutual obligations.
     
  4. The buyer is deemed to have sufficient knowledge of and to have accepted the goods that are the subject of his purchase and are mentioned on the delivery note. The buyer is also supposed to have known our terms and conditions of sale, by accepting the delivery note and / or having the merchandise removed. A margin of 10% in more or less, at our choice, applies to all sold batches.
     
  5. Selling "subject to good arrival" concerns sales with delivery in the long term, of wood that has yet to be imported. These sales are legally dissolved without any recourse, if the wood becomes unavailable within three months following the indicated delivery period.
     
  6. The batches sold "subject to good arrival" may not be refused by the buyers unless the agreement was formally stipulated upon purchase and the delivered wood would not meet the normal quality of the brand.
     
  7. If the wood does not arrive in the agreed packaging, the buyer may refuse the batch, without obligation for the sellers to replace the batch or to adjust the packaging or to pay any compensation.
     
  8. In case the quantities sold "subject to good arrival" exceed the actual quantities delivered, there will be a proportionate distribution between the different buyers.
     
  9. The goods, even sent freight-free, are transported at the risk of the buyer. We decline all liability for accidents during transport as well as for delays in shipment by rail or other means of transport.
     
  10. For imported timber sold in English sizes, the conversion takes place in metric sizes according to the use written down in the General Terms and Conditions of Sale of Antwerp.
     
  11. Every complaint regarding quality, quantity or visible defects must be stated in writing on the delivery note at the latest upon delivery. Otherwise, the goods are deemed to have been accepted. A claim on account of hidden defects must be lodged at the latest within one month after the discovery of the defect, on pain of forfeiture. Reactions to a late complaint does not imply a waiver to this provision and is always subject to all rights and without any adverse acknowledgments.
     
  12. When a complaint about defective merchandise is acknowledged, among the parties or in court, our responsibility goes no further than the proportional refund of the purchase price paid by the buyer to us for the disputed goods or the replacement of the disputed goods delivered by us, and expressly excludes any direct or indirect compensation.
     
  13. If the seller's trust in the buyer's creditworthiness is shaken by acts of judicial execution against the buyer and/or demonstrable other events, which question and/or make the confidence in the good execution of the commitments entered into by the buyer impossible, the seller reserves the right to demand appropriate guarantees from the buyer. If the buyer refuses to cooperate, the seller reserves the right to suspend and/or cancel the entire order or a part thereof, even if the goods have already been shipped in full or in part.
     
  14. The present sale can be dissolved by operation of law and without notice of default, without the buyer having any right to compensation, but without prejudice to the seller's rights to all damages and interests, if the buyer fails to comply with his obligations, also those arising from other contracts. The seller indicating his willingness to do so by registered mail will suffice for this.
     
  15. In the event that the date of removal is not complied with, an area or warehouse rental will be due, from the date of removal indicated on the delivery note, without prior notice of default. The rental price is 0.20 EUR per m3 per day on the purchased quantity. The goods that are not unloaded on the date stated on the delivery note remain there at the risk of the buyer, without the latter being able to claim any recourse to theft or any other damage.
     
  16. Unless otherwise stipulated in writing, the invoices are payable in Waregem, 30 days after the invoice date.
     
  17. Any amount that remains unpaid on its due date will automatically and without notice give interest on the basis of the Belgian statutory interest rate increased by 2%, with a minimum interest rate of 12%.
     
  18. Possible instalments are always used first to discharge overdue interest.
     
  19. In case of full or partial non-payment of the debt on the due date without serious reasons, the debt balance will be increased by 12% with a minimum of 50 EUR and a maximum of 2,500 EUR even when granting periods of respite.
     
  20. All collection costs and protest costs are at the expense of the customer.
     
  21. The non-payment on the due date of a single invoice makes the due balance of all other invoices that are not yet overdue immediately due and payable.
     
  22. The drawing and/or acceptance of bills of exchange or other negotiable documents does not constitute a debt renewal and does not constitute a deviation from the sales conditions.
     
  23. OWNERSHIP RESERVATION
    The goods remain the property of the seller until full payment of the price. All risks are borne by the buyer. The paid advances are retained by the seller to compensate for possible losses on resale.

    In case of resale of goods, even processed, property of the seller, the buyer, from now on, transfers to the seller all claims resulting from this resale.
     
  24. In case of a dispute, only the Courts of the district of Kortrijk or the courts of the domicile of the buyer, at the discretion of the seller, have jurisdiction. The contractual relations between the parties are exclusively governed by Belgian law.
     
  25. In the event of any conflict between the General Terms and Conditions of Antwerp and these general conditions of sale, the latter will apply. Any invalidity / nullity of a clause (or a part thereof- does not affect the other clauses.