Sales conditions

These general terms and conditions apply to all quotations, offers, orders, purchase and sale agreements and deliveries from, at, with and by Indufarm N.V.

ART 1. ORDER CONFIRMATION

1.1 Only an order confirmation signed by Indufarm N.V. is binding on Indufarm N.V. Their implementation is carried out in accordance with the general terms and conditions contained in the order form and/or the invoices, to the exclusion of the customer's own terms and conditions, even if they are communicated afterwards.

1.2 The sales agreement is only concluded after written confirmation by Indufarm N.V. A start of execution counts as confirmation unless it has been made subject to reservations.

1.3 Orders placed by a representative, appointee or employee of Indufarm N.V. are only valid after written confirmation by an authorized person who can bind the company to do so.

1.4 Any cancellation of the order must be made in writing. It is only valid with written acceptance by the seller. In the event of cancellation, the customer will owe a lump sum compensation of 30% of the price of the order. This fee covers the fixed and variable costs and possible loss of profits.  If the order is already in production, the total price must be paid. Customer-specific orders must also be paid in full.

 

ART 2.  DESCRIPTION OF THE GOODS TO BE DELIVERED

The goods will be delivered as stipulated in the order form or on the front of the invoice.

 

ART 3. PRICE

The price is that stated in the offer, quotation and order confirmation, unless the seller is forced to adjust it to the evolution of his fixed and/or variable costs as a result of a change in their structure (raw materials, wages, energy, etc.) Any price revisions will be carried out in accordance with the legally permissible standards. In this case, the new price as stated on the front of the invoice applies.

 

ART 4. DELIVERY

4.1 The goods are considered to have been delivered at departure and always travel at the expense and risk of the buyer.

4.2 Delivery times and application periods are provided for information purposes only and are therefore not binding.

4.3 Delay in delivery or application can never give rise to a penalty, compensation or dissolution of the agreement.

 

ART 5. CONTROL COMPLAINTS

5.1 Each delivery will be checked by the customer immediately upon receipt. Complaints, remarks or disputes will only be accepted insofar as they are submitted in writing to the registered office of Indufarm N.V. within 7 days after delivery of the goods. The use, even of a part of the product(s) in dispute, presupposes their approval.

5.2 The responsibility of Indufarm N.V. is in any case limited to the replacement of goods that do not conform to the terms and conditions of sale, without being obliged to pay any additional compensation.

5.3. Return of delivered goods is only possible after written agreement of Indufarm N.V. The return to the warehouse of Indufarm N.V., the transport costs, as well as the risk of replacement rests with the customer.

 

ART 6. TRANSFER OF OWNERSHIP

6.1 The delivered goods remain the property of the seller until full payment of the principal, costs and interest.

6.2 Delivery takes place, as already stated, at the risk of the buyer, who must insure himself against possible damages.

 

ART 7. PAYMENT

7.1 The invoices are payable without discount on the bank account of Indufarm N.V. and in Euro. This also applies if Indufarm N.V. draws bills of exchange on the buyer or has them received by financial institutions.

7.2 If Indufarm N.V. were to accept bills of exchange in payment for goods sold, this would not result in novation of debt and would not give rise to any change in the clauses of these terms and conditions.

7.3. From the due date of the invoice, the invoiced amounts automatically and without the need for prior notice of default will accrue interest of 10% on an annual basis until the date of full payment.

7.4 Non-payment of an invoice or bill of exchange on the due date makes the payment of all other amounts due immediately due and allows Indufarm N.V. to refuse the delivery of all current orders.

7.5 In the event of non-payment of the invoiced amounts on the due date, a fixed compensation of 10% on the unpaid amounts is due by operation of law and without the need for prior notice of default, with a minimum of € 125 above all interest and which may incur any costs, collection costs or legal costs.

 

ART 8. Applicable law - settlement of disputes

8.1. All offers, agreements and all obligations arising therefrom are exclusively governed by Belgian law.

8.2. All disputes are exclusively under the jurisdiction of the Courts of the judicial district of Ghent, Ghent division.