BTS Sales conditions
1.The provision of prices, tariffs, quotations and/or terms and conditions of sale will not become binding for us until we have confirmed the order. Photographs and descriptions of our products and services are purely illustrative and do not signify any form of commitment. Notwithstanding any of the customer's terms and conditions of sale to the contrary, these terms and conditions of sale will apply exclusively to the agreement with the customer.
2. Orders accepted by our distributors/representatives will not become binding until we have confirmed the order in writing.
3. If an order is cancelled, the customer shall be liable by law and without prior notification of default to pay flat-rate compensation in the amount of 20% of the value of the order. In the event of cancellation during the fulfilment of the order, the same will apply on the understanding that besides the price of services already provided, flat-rate compensation in the amount of 20% of the equivalent value of services not yet provided will have to be paid.
4. Terms of delivery are only provided by way of information and are not binding for us. Delayed delivery shall not result in a right to compensation or to termination of the agreement.
5. Goods will be sent at the risk of the customer. Transport costs will always be paid for by the customer unless stipulated otherwise in writing.
6. Goods pending delivery or collection will be stored at the risk of the customer.
7. If we are prevented from fulfilling the agreement as a result of force majeure, strike, lock-out and generally in any event involving force majeure, we reserve the right to terminate/suspend the agreement without any obligation to pay compensation. The same will apply if, due to unforeseen circumstances within the market, the cost price of our products or services should rise by more than 50% compared with the cost price when the agreement was concluded.
8. We reserve the right to regard the agreement as dissolved by law and without prior notification of default in the event of bankruptcy, apparent insolvency or if there is any change in the legal situation of the customer.
9. Customers will be considered to have inspected the goods immediately after delivery and to have reported any shortage, damage or delay to the last carrier in writing. Complaints relating to the supply of our goods and/or services must reach us within 48 hours of the delivery of the goods and certainly before the goods are used or resold. Those complaints are to be formulated promptly and sent to us by registered letter/by e-mail and/or by fax, under penalty of inadmissibility.
10. Our liability to indemnify against hidden defects in goods supplied shall not extend beyond that of our suppliers plus our cover based on our product liability insurance. Our liability to indemnify against hidden defects will be limited to repairing the defect. Under no circumstances will we be liable for consequential and/or economic losses.
11. Any objection regarding an invoice is to be sent by registered letter, under penalty of inadmissibility, within eight days of the invoice date. The date and the number of the invoice must always be specified.
12. All invoices are payable to our company's registered office in Aalter on the due date unless expressly agreed otherwise in writing.
13. We reserve the right to request a financial guarantee to cover costs during the implementation of the agreement.
14. If the invoice is not paid within the period of time stipulated, interest on arrears in the amount of 1% of the invoice amount per month will have to be paid by law and without prior notification of default from the due date. Flat-rate compensation in the amount of 10% of the invoice amount (with a minimum of 125 euros) will also have to be paid by law and without prior notification of default as damages. Expenses in connection with unpaid bills or cheques as well as other collection costs are not included in this flat-rate compensation and will be charged to the customer separately.
15. In the event of non-payment, we reserve the right to suspend any further deliveries. We also reserve the right to regard the whole of the agreement or the part not yet fulfilled as dissolved by law and without prior notification of default.
16. Goods supplied will remain our property until they have been paid for in full, without prejudice to the obligation of the customer to bear the risks of the goods sold and to look after them as the custodian. Returns are to be sent exclusively to Aalter carriage paid. Goods will only be taken back subject to written agreement and findings.
17. In the event of a dispute regarding the existence, fulfilment and/or interpretation of the agreement and/or invoice and generally with regard to any dispute, the Commercial Courts in Ghent, Ghent division will have sole jurisdiction.