By signing the purchase order, bu accepting of delivery or invoice, the buyer declares to have read and taken knowledge of the general conditions of sale and commits himself to respect them.
By explicit agreement, customers are deemed to accept the present Terms and Conditions of sale and to refrain from any of their terms and conditions of purchase.
All goods are transported solely on the buyer’s risk, even if the shipment free customer. For any supply of goods and services transportation costs will be charged depending on the weight, volume, distance and method of shipment. The by us provided delivery times are provided without obligation. No matter the situation, the exceeding of the delivery terms cannot be invoked as a reason for the dissolution of his order or for charge compensation.
2. COMPOSITION OF THE PRODUCTS
The products are composed according the information of the brochures or the quotation. On simple request of the purchaser VIANO will provide the composition.
3. CHANGE OF OWNERSHIP
The parties explicitely agree that, notwithstanding Article 1583 of the Civil Code, the transmission of ownership of the goods sold will only take place after full payment of the agreed price, in principal and eventually any interest and costs. By default of payment, we reserve the right to recover the goods at any time, without any judicial intervention being required.
A complaint is valid only if VIANO is informed within eight days after reception of the goods by registered mail. Any return of goods may only be made after the explicit permission of VIANO, although this will always occur subject to all rights of VIANO and without any adverse acknowledgment. In no event shall VIANO be obliged indemnification to more than the invoice amount (excluding VAT) of the supply subject to compensation.
Invoices are payable at our address in Aalst, net at 30 days after the invoice date. No refusal of payment or of a part or the total invoice amount, based on a dispute raised by the buyer is allowed, even for a limited period. In case of late payment shall, without any prior notice, interest be due at the rate of 1% per month as from the 31st day following the invoice date. Furthermore – as from that date – a particular fixed compensation of 20% of the total invoice amount will be due, with a minimum of 50 EUR. For the calculation of interest, each month began to be considered as a full month.
6. DISRUPTION – DISSOLUTION
What is stipulated above in connection with late payment does not constitute waiver of our right to exercise, in case of default, and if we choose so, the disruption with compensation. This compensation will be equal to 30% of the disrupted sale, this undiminished our right to claim moreover repayment of the costs that we have to make to return the goods in our possession and to bring them to their original condition. We also reserve the right to – in case of non-performance – without any prior notice to consider the agreement as dissolved automatically.
If the agreement is concluded in favor of a company, the manager commits solidarity with the Company for all obligations arising from this agreement. The manager herwith admits to having taken knowledge of these general conditions of sale.
8. GRANT OF JURISDICTION
Between the parties is explicitely agreed that any dispute that directly or indirectly may arise from the sale or service benefits to which these terms apply, fall exclusively under the jurisdiction of the Courts, including the Right to Injunction, the district where the registered office of our company is located, unless they themselves, acting as plaintiff, would prefer the dispute to any other competent court proceedings. This will apply even in cases of proceedings in, or when multiple defendants.