General terms and conditions of sale

Introduction

The entirety of the terms and conditions set out below apply strictiy. They have been recognised by all members of the Belgian Hardware Wholesalers and Importers Union. The purchaser is deemed to be aware of and to accept the vendor’s terms and conditions. The vendor formally rejects the terms and conditions printed on the purchaser’s documents.

Dispatch

Carriage paid for orders worth €500 or more per delivery address (only Benelux). Orders of under €100 shall be held over for delivery with a subsequent order.
Goods shall travel at the purchaser’s risk, even if delivery is carriage paid.

Return of goods

Goods may not under any circumstances be returned without prior consent.

Complaints

To be eligible for consideration, all complaints must be submitted to the vendor in writing within five days of receipt of the goods. Complaints will not be accepted after this period.

Delivery deadlines

Stated delivery deadlines are approximate in all cases. Failure to meet them shall not confer any right of legal recourse on the purchaser, unless expressly stipulated otherwise in the quotation.

Cancellation

In the event of the order being cancelled by the purchaser, the vendor may choose either to request either that the goods be removed and paid for in full, or that compensation be paid of 30% of the value of the order. If the outstanding purchase amount is not paid on the due date, the vendor may either demand payment or take back the delivered goods, in which case compensation of 30% of the purchase sum shall be payable by the purchaser.

Payments

Goods shall remain the vendor’s property until the invoice has been paid in full. Invoices paid late shall be subject to late-payment interest of 0.8% per month reckoned from the due date, without need for specific notice of default.
If all or part of the invoice remains unpaid 15 days after the posting of notice of default by registered letter, fixed compensation of 20% or €100, whichever is the greater, shall be payable to the vendor to cover all additional costs, without prejudice to the aforementioned late-payment interest. The receipt of cheques or bilIs of exchange shall not imply any departure from these terms and conditions of sale, which remain fully applicable.

Disputes

The courts of the district of Mechelen shall have sole jurisdiction in the event of any dispute. However, the vendor reserves the right to launch proceedings in other courts in respect of any dispute.