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General
Except when parties have agreed otherwise in writting, these general sales conditions
shall govern all sales notwithstanding any different or conflicting terms or conditions
which might appear on the order documents used by the Purchaser.
Bids and Tariffs
All bids and prices are communicated without binding the Seller . They may at all
times be modified without prior notice. The Seller also has the right to change
the characteristics of the products without prior notice.
Confirmation of orders
Orders received shall be binding only upon written acceptance by the Seller which
shall take the form of a confirmation of receipt of the order sent by the Company
to the Purchaser.
Price
Orders shall be invoiced at the prices and conditions in effect on the date of acceptance
of the orders. Except when otherwise provided deliveries are effected ex-warehouse.
Delivery
Non respect of delivery dates does not entitle the Purchaser to claim damages/interest
from the Seller. The Purchaser is entitled to cancel the contract if the delivery
of the goods is exceeded by six weeks. He must do so in writing allowing a further
period of two weeks for the delivery of the goods starting from the date of receiving
this letter. Shipment of ordered products may only be delayed by the Purchaser,
at his cost and at his own risk, for a maximum period of six weeks. Upon expiry
of such period, the products, as well as the cost for their storage, can be invoiced
to the Purchaser or if the Seller prefers the order can be cancelled.
« Force Majeure » and unforseen circumstances
In the case of acts of God or government action which render the performance of
the sale definitely or temporarily impossible, the Seller shall be entitled to cancel
the sale in whole or in part or to suspend its performance without prior notice
or indemnity. Are considered as acts of God or government action in the above sense
: war, total or partial strike, lock out, riot, breakdown of machinery, fire, explosions
and all other causes hindering the Seller’s or his suppliers’ normal manufacturing
activities or regular deliveries of raw materials, fuel and stock.
Transportation
As and when the goods have been accepted by the carrier, all risks and perils including
the risk of breakages as well as the burden of proof for proper packing and loading
have to be borne by the Purchaser. This also applies to free delivery. Would it
be arranged for any insurance, we just act as intermediaries and do not take over
any reponsibility. Our despatches are subject to the « International Rules for the
Interpretations of Trade Terms (Incoterms 1990) » issued by the International Chamber
of Commerce.
For overseas deliveries these rules are extended in accordance with the conditions
of the Bill of Lading of the carrier responsible for the transportation. Deliveries
made on CIF basis or similar arrangements are subject to free and unobstructed navigation.
If special circumstances beyond our control e.g. freezing up, do not permit the
vessel to call at the port of destination and necessitate the unloading of the goods
at an emergency port, the delivery commitments entered into are considered as fullfilled
at the latter port.
It falls to the consignee to accept consignments from the carrier only with all
rights reserved, when the cases show any external signs of damage or other circumstances
indicate the possibility of any damage. In such cases, all rights of recovery have
to be secured within the legal procedure and delays. If the final dispatch of a
shipment is made to a country of destination other than the one originally agreed
upon we reserve the right to reinvoice at the prices and conditions as valid for
the new country of destination, irrespective of any other claims.
Delivery and acceptance
Delivery and acceptance of the products take place at the warehouse of the Seller.
The Purchaser who so requests shall be informed of the date on which the products
can be verified, prior to their collection or shipment .
Changes in the Purchaser’s situation In the event of a change in the Purchaser’s
situation, of his death, incapacity, of the dissolution or modification of the company,
of winding-up arrangements with creditors or liquidation, interruption of payments
or non-payment the Seller shall be entitled, even if the order has been partially
completed to request irrevocable guarantees or to cancel the remainder of the contract.
Payment
All shipments are payable at Brussels at the date of payment agreed upon and in
the curency shown on the invoice, all costs relating to the payment being borne
by the Purchaser.
In case of late payment or absence of payment, even partial, the net amount of the
invoice shall ipso lure and without prior notice be increased – as a penalty – by
15% (with a minimum of EUR 250,-). Each amount due and unpaid on the maturity date
will, by sole rule of the expiration of the said period, ipso lure and without the
necessity of prior notice be subject to interest for late payment of 1% per month.
Right of ownership
In the case of non payment on the maturity date, the seller reserves the right to
consider the sale as cancelled ipso lure and without prior notice. The goods shall
remain the property of the Seller until payment for them is received in full . Untill
the purchaser becomes owner of the goods, he will store them on his premises separately
from his other goods. The purchaser shall preserve all labels, identifying marks
and stock records identifying the goods as the seller’s property. The risks shall
be borne by the Purchaser. Any down payments already made may be retained by the
Seller for damages and interest.
Complaints and responsibility
The products are manufactured with the upmost care and in conformity with the best
processes, but they are subject to risks resulting from unforseen influences and
changes in raw materials. At no time, shall the Seller be responsible for damage
resulting from use of the products in a manner which is not in conformity with the
rule book, nor shall the Seller be responsible for broken products or damage which
result from incorrect storage of the products by the Purchaser. The Seller must
be informed of all visible defects discovered in the products or all errors in the
execution of the orders within eight days of receipt of the products by the Purchaser.
The Seller declines all responsibility for the consequences of use of products which
contained visible defects. In the event that a product should have a hidden defect
the Seller’s responsibility – if any – shall be restricted to the replacement of
the faulty products.
Juridiction
All contracts are governed and construed in accordance with the law of Belgium.
All disputes arising in connection with the present contract or further contracts
resulting thereof shall be settled in accordance with the Rules of the Tribunal
de Commerce de Bruxelles. The place of arbitration shall be Brussels, Belgium.
Conditions Générales de Vente : Disponibles en français sur simple demande.
Allgemeine Geschäftsbedingungen : Verfügbar in Deutsche Sprache auf Anfrage.
sales@icor.be
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