GENERAL TERMS AND CONDITIONS OF SALE
01 By placing an order our customer explicitly accepts the sales conditions set out below. These terms and conditions apply to all sales entered into with or by us. Other terms and conditions shall only apply if explicitly approved in writing by us. Actual deviation behaviour performed by us or tolerated by the customer, even if repeated, do not entitle the customer to appeal to it and shall not be an acquired right on his behalf. Deviating stipulations on the purchase orders from our customers are explicitly not acknowledged as being valid. To the contrary, they recognise the present terms and conditions of sale as the rules governing the contract between ourselves and the buyer.
02 Indications or prices in catalogues, brochures, tariffs, diskettes, etc. are for information purposes only. The prices charged are the prices of the day.
03 In case of insolvency, threatening or rumoured insolvency, we reserve the right to not deliver orders, even if previously accepted by us, or to demand a guarantee prior to the delivery, specifically consigned to our benefit, of an amount sufficient to cover the cost of the delivery.
04 The goods are always considered to have been sold, delivered and accepted in our warehouses. They are always transported at the expense and risk of the customer, regardless of whether the shipment is prepaid, FOB or CIF.
05 Delivery dates are always communicated to the customer for information purposes. Delays in the delivery cannot give rise to the dissolution of the purchase and sale to our disadvantage, nor to indemnification. In case of force majeure we will be discharged of our obligation to deliver, without indemnification.
06 For orders and deliveries below EUR 250.00 ex. VAT we are entitled to charge a fixed administration fee of EUR 10.00 ex. VAT besides any postage costs.
07 Sold goods remain our property as long as the sales sum is not fully paid, even if the delivered goods have already been resold. Where appropriate, our property title shall be transferred to the resold goods. The buyer unambiguously acknowledges to accept this reservation of title and, where appropriate (attachment, bankruptcy, etc.), to notify third parties thereof.
08 All complaints about non-conformity of deliveries and invoices must reach us within 8 days counted from the delivery/shipment of the invoice. Complaints about amounts must be formulated at the time of delivery/acceptance. Any complaints lodged outside this term shall be inadmissible. All complaints must be reported in writing. Admissible complaints require us to replace the non-compliant goods, without the customer being entitled to any indemnification. The processing of goods implies that the customer is considered to have accepted the goods, even with regard to hidden defects. Complaints due to non-compliant goods shall therefore not be admissible after they have been processed.
09 Invoices must be paid on the agreed due date at our registered office. If no due date was stipulated, our invoices shall be payable in cash within 8 days. If no payment is made by the due date a late payment interest will be due of 12% on an annual basis, legally and without default notice, always calculated from the invoice date, based on the principal including VAT.
10 Any discounts agreed in writing for cash payments can only be deducted if all prior invoices are paid by the debtor, even if the due date on those invoices has not yet been reached.
11 After sending a warning by ordinary letter - e-mail - fax which was not acted upon, and regardless of payment terms explicitly agreed otherwise between the parties, the totality of the buyer’s debts will legally and without further notice be payable, even if the due date of one or more invoices has not been reached, and any discounts for cash payments agreed upon in writing shall become null and void.
12 If no payment is made within the agreed term the customer shall legally owe, after a notice is served, a fixed indemnification amounting to 15% calculated on the principal sum (including VAT), with a minimum of EUR 150 and a maximum of EUR 3,000.
13 Drawing bills of exchange does not imply novation. This implies that, regardless of the exchange transaction, the present terms and conditions of sale remain in full and integral force. Bills of exchange are accepted by us provided they are accepted by the party involved and guaranteed by a third, solvent party in case the party involved is not a physical, but a moral person. The due date on the said bills of exchange are never more than 90 days. The buyer shall have to pay for the cost for discounting provisions, which we will charge separately.
14 Any guarantee on the invoiced goods is only applicable to the extent that this guarantee is covered by the manufacturer/supplier and insofar as the warranty conditions, set out by the latter, are complied with.
15 For all disputes only the courts with territorial jurisdiction for the district where our registered office is shall have jurisdiction. Except if we should prefer to apply the rules of common law, in accordance with the judicial code. In any case, in case of dispute the customer will have to summon us before the court with jurisdiction for the legal district where we hold our registered office.
Marckdael does not sell to private individuals