. By the transmission of its order, each client is deemed to know the terms and conditions set forth below and to agree to them without reservation, to the exclusion of all provisions contrary thereto. The terms and conditions take precedence over the client's terms and conditions. Deviations from these terms and conditions may only be made with the express written agreement of our company and only be the persons authorized to do so. Any deviations thus granted are valid only for the assignment for which they were agreed upon.
. Orders and cancellations are only valid if confirmed in writing.
In any case, no cancellation of orders will be valid after eight full days from the placing of the order.
. If the customer cancels an order unilaterally or belatedly, we reserve the right either to demand execution or to claim damages amounting to 15% of the value of the agreement, without prejudice to our right to prove the damage actually suffered, should it exceed the aforementioned fixed amount.
The indicated deadline are purely indicative and late delivery can never give rise to a breach of contract, nor to penalties or damages to our expense.
Any case of force majeur or unforeseen circumstances that make the contract impossible or seriously aggravate it, even temporarily, allows us to cancel or suspend the contract in whole or in part, without this giving rise to any form of compensation to our part. Force majeur and/or unforeseen circumstances are considered to include: strikes, lock-outs, riots, epidemics, adverse weather conditions, lack of raw materials or means of transport, fire, breakdown of machinery, etc.
If, after a firm offer or after the acceptance of an order or during the execution thereof, prices are suddenly increased due to unforeseen circumstances or circumstances beyond our control, such as, for example, any official wage increases, price increases of raw materials, transport costs, taxes, currency fluctuations, etc., we reserve the right to adjust the agreed prices in proportion to these increases. In case this increase does not exceed 15% of the originally agreed price (excluding all other costs such as transport costs, etc.), the customer does not have the right to rescind or cancel the purchase. Otherwise, we shall not be liable for any compensation whatsoever, and the customer shall be obliged to refund all costs already incurred by us, such as transport costs, storage costs, etc.
All goods travel at the client's risk and expense.
The risks shall be borne by the principal from the exit of the goods from our warehouses.
After the date set by the order form for the delivery of the order, if the order cannot be delivered due to the fact of the principal, the latter shall be deemed to know that the said goods are stored in a warehouse at his expense and responsibility until such time as he has removed the goods. The storage costs shall also be charged to the principal.
All our goods are payable in cash at the head office of Tenten Krekels, net, without discount.
The drawing up or acceptance of a bill of exchange does not constitute a derogation or renewal of this clause. No condition waives the clause 'payable in cash at Waasmunster".
. The principal shall be deemed to have been notified by the expiry of the term of payment mentioned on the invoice. Each delay in payment will result in an obligation for the principal to pay, ipso jure and without prior notice of default, an interest of 1% per month as of the invoice date, whereby each started month will be counted as an entire month, and this without prejudice to possible damages .
In the event of non-payment on the due date, a compensation of 15% of the unpaid amount of the invoice, with a minimum of 50,00 EUR, shall be payable by operation of law, without prejudice to the right to prove the damage actually suffered, should it exceed the aforementioned fixed amount.
Invoices that have not been protested by registered mail within 8 days of their date of dispatch are deemed to have been accepted in full.
In case of non-payment on the due date of the invoice, Visix reserves the right to collect the amount of the principal sum, increased by costs and interest, either by an accepted or non-accepted bill of exchange, receipt card, receipt or any other method of payment.
If the client's credit becomes less favorable, the Visix reserves the right, even after partial delivery, to ask the client for appropriate guarantees for the proper execution of the commitments taken. In case the principal does not give us satisfaction, we have the right to cancel all or part of the order.
. To be valid, any complaint, for whatever reason, must be made by registered mail within 8 days following the delivery. If the delivery is not accepted, for whatever reason, this period begins to run from the date of dispatch of the invoice. If no complaint has been received within this period, it shall have the effect that the customer has fully and completely accepted the delivered goods.
The customer may not accuse Visix of only executing part of the order or of delivering goods of which shades and/or quality and/or motif differ slightly from each other or from the samples submitted.
In case of hidden defects, we are only obliged to return the price of the non-conforming part of the delivery, or, if we prefer, to replace it. Any further responsibility and claim for any other compensation is expressly excluded.
. The delivered goods remain the full property of the Visix, as long as the purchase price due has not been paid in full by the customer, regardless of the risk arrangement of art. 7.
In case of dispute, Belgian law shall apply and the Courts of Dendermonde shall have exclusive jurisdiction, notwithstanding any contrary clause and even in the event of liability for the surety or majority of the defendants. Our bills of exchange or any other means of payment by our customers do not contain any derogation to the above-mentioned clause.