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- Unless expressly agreed otherwise in writing, all sales, deliveries and installations by Breetec International NV are subject to the terms and conditions set out below. The general terms and conditions of the buyer are, except in the exceptional case as stated above, not applicable in any case.
- Quotations are drawn up by Breetec International NV on the basis of the information supplied by the buyer. If the buyer has other quantities, sizes, etc. orders which are included in the offer, Breetec International NV can adjust the prices from the offer. Delivery times are always stated in the offer as an indication only.
- In principle, orders only become final after Breetec International NV has sent a written order confirmation to the buyer. However, if an advance has to be paid, the order will only become final after receipt of the advance by Breetec International NV.
- In view of the provisions of Article 3, Breetec International NV always has the option to refuse orders. Under no circumstances is Breetec International NV liable for any compensation due to such refusal.
- The prices stated in the quotations are exclusive of VAT. Unless expressly stated otherwise, prices are ex works, packaging costs not included. All transport costs, insurance, customs clearance, and any costs for returning the goods are the responsibility of the buyer.
- Unless expressly agreed otherwise in writing, all invoices must be paid within 30 days of the invoice date. If the principal sums due are not received by Breetec International NV on the stated due date, all outstanding invoices will become due and payable automatically, by operation of law and without notice of default being required. In addition, in the event of late payment, an additional fixed compensation of 10% on the principal sum of the invoice will be due automatically, by operation of law and without notice of default being required, as well as default interest at a conventional interest rate of 10% per annum.
- Breetec International NV will in any case remain the owner of all sold goods until the moment of full payment thereof by the buyer.
- For the delivery of the order, a delivery term is agreed upon by the parties after Breetec International NV has sent the order confirmation. Exceeding this delivery period can under no circumstances give the buyer a reason to cancel the order, nor can such exceeding the buyer any right to compensation. Cases of force majeure can also in no way give rise to the formulation of complaints due to exceeding the delivery period. Force majeure includes, but is not limited to: fires, floods, wars, lock-outs, strikes by staff or suppliers, etc. In the event of force majeure, Breetec International can terminate the agreement with the buyer without any compensation being due. Breetec International is entitled to make the delivery of the goods dependent on the payment of an advance of a maximum of 50% of the sales price, excluding VAT. If the buyer refuses to take delivery, this refusal will have the same consequences as a cancellation of the order, as regulated in the following paragraph. In addition, the transport costs for taking back the goods in such a case will be fully borne by the buyer. Cancellation of the order by the buyer constitutes a termination of the agreement between the parties, as a result of which the buyer will owe compensation of a maximum of 30% of the price of the ordered goods, excluding VAT. If the ordered goods are custom-made, the buyer will still have to pay the full price of the ordered goods. In the event that the ordered goods are delivered late as a result of an error or negligence on the part of the buyer, Breetec International NV has the right to charge a compensation for storage costs of EUR 50.00 per day of delay.
- The buyer must note any complaint regarding visible defects immediately upon delivery on the delivery note. Subsequently, he must also confirm this complaint in writing to Breetec International NV within three days after delivery by sending it, by registered letter, to the place of business. Any complaint regarding invisible defects must be sent immediately, and in any event within a period of five days after its discovery, by registered letter to the place of business of Breetec International NV. Complaints regarding invoicing must be sent by registered letter to the headquarters of Breetec International NV within a period of eight days after the invoice date.
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