Unless agreed otherwise in writing, any offer and any (also future) contract is governed by the present terms and conditions, which form an integral part thereof and which take precedence over the terms and conditions of purchase of the customer. Such terms and conditions of purchase of the customer shall not be deemed accepted by us unless we expressly agree otherwise in writing.
Any deviation from or modification of the present terms and conditions can only be relied upon against us provided that we have granted our consent thereto in writing.
The present terms and conditions shall apply to contracts for the sale of products (irrespective of whether they are custom made), as well as to contracts regarding any type of repair or servicing work.
2. Unless agreed otherwise in writing, prices, brochures, catalogues or proposals are non-binding and can be changed or amended at any time. A contract shall only be effective after written confirmation of the order by us. In case orders are carried out without our prior written consent as to the price, prices valid at the day of the order shall be applicable.
3. Unless expressly stated otherwise, delivery times mentioned in any written confirmation, contract or other document are indicative only and shall not be binding on us and delays in delivery shall not be a valid cause for termination of the contract. Our liability shall always be limited to the direct and foreseeable damage and shall in no event exceed 5% of the contract value.
Any modification of the order automatically implies that the indicative delivery times may be prolonged. Delivery may be suspended and indicative delivery times may be prolonged in case of any delay in the payment of advances.
4. All goods and materials remain our property until they have been fully paid for. Until such time and absent our written consent thereto, it is strictly forbidden for the customer to alienate or to pledge the goods, or to let them serve as security or to legally or physically transfer them in any other manner.
5. All goods and materials ordered are always delivered ex factory/warehouse Zwevezele. Such goods and materials are accepted at the place of delivery and the risk in the goods and materials transfers to the customer upon delivery. The risk of transport is carried by the customer, even if it has been agreed that we will take care of, organize or be otherwise involved in the transport.
It is the customer’s duty to ensure that all necessary precautions have been taken and all conditions have been met to take delivery at such time as is indicated by us. All damage caused because the above has not been complied with, remains solely the responsibility of the customer.
6. If the customer refuses to accept delivery, makes it impossible for us to carry out the delivery or substantially delays the acceptance of delivery, we shall be entitled to terminate the contract by giving written notice to the customer (without there being any need for court intervention or any other formalities) and, as of such written notice, the contract shall be deemed to be rescinded on