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Anglais Francais Néerlandais

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General conditions for sales and rental

1. The complete contract or the delivery accepted by the buyer is subject to our gerenal conditions for sales. The acceptance of our part of order forms or sending order confirmation from the buyer may not derogate from this rule.

2. All of our prices have been calculated without taxes, excluding mounting, and are subject to changes without preceding notification. The prices are estimates and not guaranteed in case of accidental causes which may induce unpredictable supplements.

3. The contracts are always being made at our offices, unless otherwise specified.

4. The offers are being made without any obligations, and for as long as the goods are in stock at the moment of the order. The delays in delivery are indicative ; their lack of compliance can not cause any compensation, nor cancellation.

5. The goods are being shipped at the risk and responsibility of the addressee, even if the shipment is being sent by recorded delivery, FOB or CIF. No return will be accepted without preliminary agreement.

6. When the credit of the buyer degrades, we reserve the right to, even after partly completion of the purchase, require waranties of the buyer, which we find to be acceptable, for the successful implementation of the made commitments. The rejection to fulfil these gives us the right to cancel the purchase completely or partly.

7. In order to be valid, all complaints need to have reached us within eight days after receipt of the goods. Beyond this period and without recorded postal letter of a complaint, the conditions mentioned in our invoices (which are special or general) are being found to be accepted.

8. Payment : All of our invoices need to be paid onto our financial accounts or at the Headquarters. The completion and/or acceptance of the regulation can not be reviewed, nor deivate of this determination. There has been expressively agreed that the acception and return needs to happen within 48 hours. Our distributors haven’t got the needed knowledge for receiving money. The entered commitments are not earlier executable than after our explicit permission. Except contradictorious written statements our invoices are to be paid as from the date of receipt of the invoice and without any discount. The sending of an invoice will be an invitation for paying the complete remaning amount.

In case of non-execution of a present contract (which includes the non-payment of overdue invoices) the party in fault will need to pay a lump sum of 15% of the remaining amount to the co-contractor and/or payments done after the due date, with a minimum of 75 euros, by virtue of article 1152 of the Constitution, and an interest of 1% per month, starting on the date of the invoice, wherewith every started month will be completely invoiced

The eventual costs resulting out of non-execution of the current contract are complete at charge of te party in fault.

In case of non-execution or delay of payment this can result, after notification of non-payment, in cancellation of delivery, without undiminished prosecution of all kinds, that we would persue against the client, and the exeuction of the final solution of the previous contracts, and this at the costs of the client.

Every delay of payment leads towards immediate requisition of all non-paid amounts. In every case we receive an advance payment, the payment needs to happen by approved domiciliation, with the necessary waranties, the amound will be automatically and without prenotification increased with the usual interests.

9. The buyer can not withhold anything concerning the regulations related to warranty or compensation.

10. Reservation of property : application of art. 101 of the Law of 08.08.97 (RD of 28.10.97) states : The seller reserves the right to stay owner until complete payment, inclusive interest and eventual costs. The risks are at charge of the buyer. The prepayments can be frozen to cover any eventual losses. Until the moment of complete payment and execution of all obligation resulting out of the sales agreement, the delivered goods are being considered not be paid completely, of that kind that the buyer can not transfer the property right to third parties, nor can consider the goods as property. In case of resale of the goods, even modified, being propery of the seller, all profits resulting out of that resale will be transferred by the buyer towards the seller.

In case of non-payment of the invoices at their due date (or a part of this), of eventual interest and increases, we reserve the right to recover all sold goods by ourselves. Before doing that, we will send a message of notice of delay in payment by recorded postal sending, and in case the buyer isn’t reacting within 8 days, we’ll proceed, without any other form of process, for recuperation of the sold material, and this without any compensation and damage that can be charged at us, with whatever motif. The made costs for this recuperation will be at charge of the client, according to our tarif for the forces physical labour and transport.

This recuperation will being doin as precaution buring 10 days. A value of the recoverd material will be sent to the client within two days following on the day of recuperation.

The client will have the choice between paying all amounts due (inclusive the costs for the recuperation) and get the material back at own costs, or deducting the value of the recovered goods of the total amount due and the goods are at the end back in our possession, as our property

In case the client isn’t reacting within 5 days, we consider the client agreeing with the proposition of the value of the recovered goods, and agreeing dat the goods are back in our possession, as our property.

11. The seller may transfer all rights resulting out of the active contract towards a third party.

12. Every clause resulting out of our conventions are considered to be void in case she differs of the authorotive rules for the protection of the consumer (law of 07/12/98 – law of 14/07/91).

13. The disagreements or disputes which may occur as result or related to this contract, will exclusively be handled by the authorized Courtss of the district of Mons (2nd Canton of the Justice of Peace of 1st Chamber of the Commercial Court), and this even if the buyer foresees another choice in his general buying conditions.

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