These general conditions apply to all our contracts and always prevail over the general conditions of the client. A derogation is only valid if it has been agreed in writing. The possible non-validity of a clause or part of a clause does not affect the validity of the other clauses / parts.
The communication of prices, prices, delivery times and terms of sale, even by our representative, is purely indicative and does not bind us unless we have confirmed it in writing in a signed contract.
Unless otherwise stipulated, deliveries are made from our factory.
We reserve the right, at our convenience, to make partial deliveries. Unless proven otherwise, the invoice date is deemed to be the delivery date. Late delivery does not in any way open the right for the customer to damages or to a termination of the contract, except in the case of deliberate intention.
Shade variations may occur from delivery to delivery. Color deviations are always possible over time. Color stability is not guaranteed over time. These variations and differences in color are not to be considered as a defect and do not confer on the customer a right to any compensation. In addition, the rustic and raw wood finishes will show cracks, knots and in the sapwood in the wood. As for the raw metal, there will also be possible presence of scratches, shades and rust stains in the metal.
Regarding our raw wood products as well as our products in rustic finishes, cracks may appear over time and this is due to the woodworking linked to the humidity in the room. We cannot guarantee these movements specifically related to raw wood. However, and to guarantee a correct finish, we make available to the customer and this for 2 years following the order, the products corresponding to the finishes of their furniture to be able to keep an acceptable finish.
As long as the invoice for the goods ordered is not paid in full by the customer, the goods delivered remain our exclusive property. This retention of title extends to all goods that are not fully paid for and are still present in the customer’s stock.
As a guarantee for all open claims, the client grants us a lien on (i) goods purchased from us and paid for which are in stock with the client, and (ii) the client’s claims on its buyers for goods that the customer has purchased from us. In the event of non-payment after formal notice by registered mail, we reserve the right to assert these pledges, without prior legal intervention.
The risk is immediately transferred to the customer, as soon as the goods are made available at our head office. This applies even if the Incoterms had to provide another provision. The customer is in any case obliged to sufficiently insure the goods as long as they are not paid for.
We reserve the right, during the execution of the contract, to adapt our C & F / CIF prices to changes in transport prices, insurance, taxes and / or taxes and the price of raw materials.
Any complaint concerning conformity / visible defects must be communicated, under penalty of nullity, within 5 calendar days of delivery, by registered mail and in a motivated manner, and the goods cannot have been handled.
In order for the customer to be able to invoke a guarantee for hidden defects, all the legal requirements to this effect must be observed. Conventionally, the duration of the warranty is fixed at 6 months from delivery, and the period within which the quotation is required is fixed at 1 month from the discovery of the defect. These two deadlines are binding, on pain of nullity.
Our responsibility for any possible damage is limited in any case, for any reason whatsoever, including in particular loss of profit and consequential damage, to the maximum of the invoiced value, excluding VAT and costs.
The client fully guarantees us against any recourse by his client, for whatever reason.
In all cases where our responsibility is engaged, we reserve the right to replace the delivered goods. This replacement puts an end to any other recourse on the part of the customer.
Any return of goods by the customer can only be done with our written authorization and does not imply any recognition on our part. The return must be carriage paid and frees.
Unless expressly agreed otherwise, payment is made in cash. Payment is always made at our head office.
Interest on arrears of 12% per year is due as of right upon the due date of the invoice. In the event of (partial) non-payment of an invoice on the due date, the balance due is also automatically increased by 12% with a minimum of 125 EUR.
Drafts and other accepted effects do not derogate from these conditions, any more than novation. The discount costs are borne by the customer.
If the client defaults in any contract, the amounts owed by the client under any other contract become immediately due.
If the customer fails to fulfill his obligations in any contract, we may automatically and in any contract suspend our obligations or consider the contract as terminated, without any right for the customer to damages.
If the client fails to fulfill its obligations, we have the choice, at our discretion, between enforcement and termination / termination of the contract at the fault of the client. In this case, the damages are fixed at a flat rate of 30% of the invoiced value unpaid, unless proof of higher damage.
The provisions of Articles 20 and 21 also apply if there is a well-founded fear that the customer will not fulfill his obligations, inter alia following a proven insolvency, dissolution, liquidation or (threat of) bankruptcy.
All possible costs and losses due to exchange rate fluctuations are the responsibility of the customer.
We reserve the right to offset any possible customer complaint with our claim open to the customer, regardless of whether it is already identified as certain, liquid and due, and regardless of whether there is a link between reciprocal claims.
Any force majeure gives us the right to suspend our obligations in whole or in part, or to cancel them. Force majeure is considered to be any circumstance which makes it reasonably impossible or significantly more difficult to fulfill our obligations.
Belgian law applies, excluding the Vienna Convention on the International Sale of Goods. In the event of a dispute, only the courts of Kortrijk are competent.