General T&C and Delivery T&C of Bodytrading
- All indications concerning prices, quantities, delivery timing and conditions, in whatever form, are without engagement
- Orders: an order placed shall only be binding upon the seller after written confirmation on his part.
- Cancellation: an order may be cancelled by the seller without any compensation even if it has already been confirmed in writing:
a.If the purchaser has not fulfilled an earlier contract
b.In the event of force majeure
Force majeure includes war, strike, lockout, rebellion, mutiny, anticipated of actual adverse weather conditions and all circumstances which prevent a normal delivery and/or dispatch of the goods.
- If the purchaser cancels an order wholly or in part, he shall be bound to compensate the seller for loss of profit, estimated at 30% of the total amount of the cancelled order.
- Unless otherwise agreed, prices shall be calculated in Euro. They shall not be binding, F.O.B from the seller’s premises or ex nursery, i.e. without discount, freight or packing.
- The goods travel for the account and at the risk of the purchaser. All costs of delivery shall be paid by the purchaser.
- At the mention of an erroneous delivery address, a cost of 9.00 € will be charged.
- The mentioned delivery date is indicative. The purchaser has, based on the sole fact of the delay, no right to indemnification, nor the right to brake the contract.
- The conformity of the delivery has to be checked by the purchaser at the reception of the goods. Inaccuracies in the delivery and visible defects have to be indicated on the delivery note and confirmed in writing to KWM after maximum 5 working days. KWM can be kept in the end to replace the non-confirm delivered goods. Used or transformed goods are supposed to be accepted by the purchaser.
- Packaging and content of the non-conform delivered goods have to be kept by the purchaser.
- The return of the delivered goods has to be done in the original packaging, after previous written notice by KWM concerning shipment en other instructions, maximum 8 days after reception of the latter. Until the goods are conform and safely delivered at KWM, the purchaser is responsible for the goods.
- Other complaints have to be communicated in writing to KWM directly and maximum 10 days after the observation of the problem. The exact identity of the defective goods and the nature of the defect and/or damage have to be stated. KWM is not responsible for damage, which occurs after this period of 10 days, or for damage, which occurs due to too late communication.
- The liability of KWM is limited to its relationship with the purchaser. The purchaser is obliged to impose this restriction to its co-contractors.
- A complaint does not relieve the purchaser from its obligation to pay.
- The liability of KWM for the delivered goods is limited to the imperative legal rules concerning product liability. If KWM purchased the goods itself at a third party, it can only be kept responsible within the bounds of the warranties and engagements of its suppliers towards itself.
The liability of KWM for possible defects in the delivered goods is in any case explicitly excluded in case of:
-illegitimate ignorance by the purchaser concerning the defects;
-when the purchaser does, itself or by third parties, make reparations or transformations, without informing in writing KWM in advance;
-defects resulting from the use and the age of the delivered good.
-in case the delivered goods are applied or transformed in a way which is not confirm the approved manner or the relevant instructions which are supposed to be known by each purchaser and applicator.
- The goods are payable net without discount, at the company seat within 30 days after the date of the invoice.
- In the event of late payment, interest at 12% per year shall be deemed to be lawfully due without further notice. A fixed compensation at 15%on the invoice amount shall also be deemed without further notice.
- Complaints about invoices must be expressed in writing within 8 days after reception of goods. Complaints after those 8 days can no longerbe accepted.
- Unless paid in full the goods remain our property. The buyer will be liable for all risks.
- The present general terms and conditions apply to all agreements. The non-application of one of these clauses doesn’t mean the non-application of the other clauses.
- The Belgian law applies.
- In any case of argument the courts of the judicial district Hasselt have exclusive competention.However, KWM will have the right to call in the national law of the domicile, registered office, administrative seat, exploitation seat, branch company or office of the Purchaser, should this law be more favorable to KWM than the Belgian law.