1 Unless another written agreement is issued by our company, all our sales, purchases, executions and orders are made on the following conditions; these conditions are accepted in their entirety and apply to the exclusion of the conditions of the other party.
2 The invoices are payable in cash in Ostend; offering receipt cards and / or bills does not affect this.
3 The specified delivery periods may only be regarded as an indication without obligation. Design Oostende bvba cannot be held liable for delay, even if it has been informed in advance of the harmful consequences associated with delay in delivery. If the delay is 90 days or more, the client can only request the cancellation of what has not yet been delivered, without right to compensation.
4 The execution is guaranteed with the usual deviations. We reserve the right to make technical changes without prior notice.
5 Deliveries are made in the factory and shipments always travel at the risk of the recipient, even in the case of a ‘freight-free/destination’ sale.
6 The orders are examined by the client immediately upon arrival of the goods and we recommend the buyer as a professional user to check suitability and safety. The goods sold and the sales invoice are assumed to have been accepted by operation of law after expiry of eight calendar days after delivery or after the invoice date. Any dispute in this regard must be submitted by registered mail within the said period of eight days. Contesting the terms and conditions of sale must, under pain of forfeiture, be made by registered mail within eight days after they could have become aware of it.
7 In the event that delivered products are defective, unsuitable or non-compliant, Design Oostende bvba can never be held to more than the amount invoiced for these products. Design Oostende bvba cannot be held liable for the direct and/or indirect consequences of the defect in question, including damage to products in which the defective or non-compliant product was processed, loss of profit and costs incurred by the client. The buyer therefore indemnifies Design Oostende bvba against any claims from the buyers of the buyer or other third parties.
8 Any delay in payment implies the obligation for the buyer to pay interest of 12% per year by operation of law and without notice of default. If an overdue invoice remains fully or partially unpaid eight days after notice of default for payment and without justified reason, compensation is also due equal to 12% of the outstanding amount with a minimum of €100 and a maximum of €1.800. Design Oostende bvba is entitled to suspend the execution of current orders as long as outstanding and expired invoices have not been paid.
9 Prices are determined according to the economic conditions at the time of the order. If these circumstances (taxes, exchange rates, price materials,…) change before the time of delivery, Design Oostende bvba is entitled to adjust the prices.
10 If the other party wishes additional guarantees, it must request this in advance and in a specified manner, indicating the destination. These requested guarantees can only be granted in writing upon payment of an additional cost. Design Oostende bvba will only be bound to the more advanced at that time.
11 The goods remain the property of Design Oostende bvba as long as they have not been paid in full by the client. However, the risks of loss or damage pass to the client as soon as the goods have been delivered. Following delivery, the client will stock the goods in such a way that they are clearly identifiable as belonging to Design Oostende bvba. As long as the goods have not been paid, Design Oostende bvba is authorized to take them back into its possession. The client will refrain from processing or processing the goods as long as they have not been paid. However, the retention of title of Design Oostende bvba is not affected by any processing and/or processing by the client.
If the client sells the processed or unprocessed goods, then the claim against the third-party purchaser paid for the purchase belongs to Design Oostende bvba in the amount of its credit. Preliminary provisions do not entitle the client to return the goods to Design Oostende bvba, unless the latter has given written permission. The validity and enforceability of this clause are determined by the law of the place where the goods are located.
12 Any invalidity of a clause cannot affect the validity of the other clauses.
13 In the event of a dispute, only the competent courts in Oostende have jurisdiction. Subject to art. 11, this agreement is governed by Belgian law.