1. All deliveries are subject to the following general terms and conditions of sale, which the buyer expressly declares to know and accept. Any general terms and conditions of the purchaser and/or other deviating provisions are only enforceable against NV Ergotrics if they have been agreed in writing beforehand. In the event of any dispute regarding the interpretation, the Dutch text of these general terms and conditions of sale shall always prevail.
2. NV Ergotrics’ offers are non-binding in terms of price, delivery time and delivery options and are valid for a period of 30 days unless otherwise indicated on the offer. All deliveries take place as soon as possible after the order confirmation, but it is not possible to maintain a fixed delivery period, nor to pay compensation for delayed deliveries. Nor can any interest for late deliveries be claimed from NV Ergotrics.
3. All prices are exclusive of VAT.
The goods are transported at the expense and risk of the purchaser, unless otherwise agreed in writing between NV Ergotrics and the purchaser.
4. The buyer must check the goods on delivery.
In order to be valid, any complaint concerning the goods and visible defects must be submitted to NV Ergotrics by registered mail within eight days of its discovery. Otherwise, the goods shall be deemed to have been accepted.
Any invoice from NV Ergotrics against which no letter of protest has been submitted within 8 days shall also be deemed to have been accepted. Complaints after eight days will not be accepted.
Any hidden defects of the goods must be reported by registered mail within five days of their discovery.
If the complaint appears to be correct, NV Ergotrics will only be obliged to deliver replacement goods.
5. All goods delivered by NV Ergotrics remain the property of NV Ergotrics until after full payment of the invoice and settlement of any current account that may have arisen from the purchase. The buyer is not entitled to pledge or otherwise encumber the goods.
6. All statements about the use and application of the goods are based on experience and careful research. However, NV Ergotrics cannot take any responsibility for the result or the application of its products.
The purchaser expressly releases NV Ergotrics from liability for all damage, with the exception of damage caused by a defect in the purchased goods already present at the start, which could be caused to anyone by the purchased goods, during storage, use or after their use and this without prejudice to the provisions of article 4. The buyer acknowledges that he himself is liable for this. NV Ergotrics shall under no circumstances be liable for any damage in connection with the incorrect use of the property, nor for any other damage which is not the direct and immediate consequence of an error by NV Ergotrics.
The purchaser also indemnifies NV Ergotrics against any claim by a third party.
Under no circumstances can NV Ergotrics’ liability extend beyond the invoiced value, excluding VAT.
7. The purchaser, holder or user of the goods undertakes to use, store and handle the goods after their use in accordance with the instructions for use. By accepting or using the goods, the buyer acknowledges that he is aware of their proper use. The purchaser undertakes to inform the holder and the user about the operating instructions and guarantees the use of the goods in accordance with these operating instructions.
The purchaser, holder or user of the goods is prohibited from using them for purposes other than those explicitly and exhaustively listed in the instructions for use.
The purchaser, holder or user of the goods is prohibited from making changes to the goods without the express prior consent of NV Ergotrics.
8. All invoices are payable directly to NV Ergotrics within 30 days of the invoice date. The agents of NV Ergotrics are not authorized to collect the amounts invoiced, unless they bear a discharge signed by NV Ergotrics.
It is expressly agreed that all amounts that have not been paid thirty days after the invoice date shall be increased by operation of law and without further notice of default by an interest on late payment of 10% per annum, to be calculated from the invoice date. In addition, the outstanding invoice amount increased by 10% of the principal amount with a minimum of EUR 50 by way of compensation for damage suffered by NV Ergotrics will be subject, without any notice of default being required, to a breach of the principal obligation. All this to be increased by the extrajudicial collection costs incurred by NV Ergotrics.
9. NV Ergotrics shall in the event of force majeure, such as operational disruption, strike, fire, illness of personnel, shortcomings on the part of suppliers, always have the right either to suspend its commitment for as long as the force majeure situation exists or, if the force majeure lasts for more than six months, to dissolve the agreement by operation of law, without NV Ergotrics being liable to pay compensation in either case.
10. All claims and disputes are settled before the Courts of the Antwerp jurisdiction, Turnhout department. Belgian law will apply in this respect.