General conditions of sale
Any order implies unreserved acceptance of the conditions of sale as set out hereunder which are considered to be manuscript.
1. - Failing provision in writing to the contrary accepted by us, all our sales are concluded in accordance with the general conditions and clauses as set out hereunder, which shall apply regardless of any derogating conditions of purchase which may feature on the letters or documents of purchasers.
2.- All sales are considered to be effected at Limal (Wavre). All risks are borne by the purchaser.
3.- Goods travel at the purchasers' risk even if they are dispatched carriage paid. Any delay in collecting or delivery goods which is attributable to the purchaser authorises us, as desired, to either protect the contract deadlines for the quantities which remain to be supplied or to invoice them "at disposal" at the purchaser's cost and risk.
4.- Our deadlines are calculated as precisely as possible and indicate the minimum time required to manufacture the parts requested. If the deadlines cannot be respected, we accept no claims for compensation for late delivery. We reserve the right to deliver 10% more or less than the quantities ordered.
5.- War, mobilisation, strikes, breakage of machines, fire, interruption of means of transport and other accidents which prevent or reduce manufacturing or dispatch activities are considered as cases of force majeure and entitle us to cancel our commitments or suspend their fulfillment.
6.- Orders are only considered to be binding following written confirmation by us.
7.- If it is to be taken into account, any complaint must be submitted immediately and confirmed in writing within 8 days following receipt of the goods. In the event of a delivery which is defective or fails to comply with specifications, our responsibility is limited to the pure and simple replacement in our workshops of that part of the delivery which is the subject of the complaint, with no compensation of any kind, and whatever the consequences which may result from this delivery which is defective or fails to comply with specifications.
8.- We guarantee that our packagings are produced in accordance with customary good practices in the profession and using good materials. We do not guarantee that the objects produced by blowing (hollow bodies) or their accessories and/or complements (including stoppers, guns, sprayers, etc.) which we sell possess the required characteristics or qualities for the product which they are to contain. It is up to the purchaser to ensure, using the samples which we make available to him free of charge, that the packagings are suitable for his product. The purchaser accepts a weight variation tolerance of + or - 5% above or below the fixed weight in grams.
9.- Our invoices are always payable at Limal thirty days from the end of the month, subject to the provisions of article 10. The drawing up of bills, even foreign bills, does not constitute an exception to this rule. No discount or reduction will be accepted except for those indicated on the invoice. The seller retains ownership of the goods until payment in full. First purchases are payable immediately on collecting the goods.
10.- In the event of the purchaser becoming less solvent, or of any change in his legal or financial situation, we reserve the right to cancel contracts in progress or to request guarantees. Deposits may be retained to cover any losses on resale.
Amounts unpaid on the due date will automatically, without formal notification and as from the due date, yield interest at a rate of 1% more than the discount rate on the said date according to the scale issued by the National Bank of Belgium for bills which are unaccepted and non-domiciled at the bank, without this rate of interest on overdue payments being less than the legal rate of interest in force on the said date.
In addition, by way of compensation for the additional prejudice resulting from failure to pay, we reserve the right to increase by 10%, with a minimum of 75 EUR, any amount not paid by the due date. Also, failure to pay by the due date shall render immediately payable all other amounts owing by the purchaser.
Furthermore, any failure to effect payment automatically entitles us to declare the cancellation of the sale with respect to all or part of the deliveries for which payment has not been received, and to cancel contracts in progress with respect to all deliveries which remain to be made, with no formalities and subject to compensation.
11.- As we produce solely to order, the prices applied are negotiated; they are not therefore definitive and may be revised in the event of changes to the prices of raw materials, wages and other costs. The customer assumes sole responsibility for tools with which he entrusts us for the fulfillment of orders.
12.- For any tools created at the customer's request, 50% of the customer's share of the costs will be payable on placing the order and 50% on approval of the first item. These tools remain our property, even if the customer has contributed to the costs; they are maintained by us for a period of two years from the execution of the final order, after which time, and failing special request to the contrary, they shall be considered as abandoned and may not be claimed under any circumstances.
13.- Any part produced in accordance with the customer's indications and plans is manufactured at the latter's risk who bears sole responsibility with respect to any counterfeiting. In the case of any legal proceedings which may result, the customer immediately replaces our company. The plates, photographs and drawings in our catalogues are provided for information purposes only.
14.- Belgian law governs all our sales even if the purchaser is based abroad. The commercial terms shall be interpreted in accordance with the "International Regulations for the Interpretation of Commercial Terms" as laid down in the last issue of the INCOTERMS of the International Chamber of Commerce, which may not, however, take precedence over any provisions to the contrary included in our general or special conditions. In the case of any disputes, and depending on the sellor's preference, the Courts of Nivelles, Brussels or of the purchaser's domicile shall entertain sole jurisdiction.