1. TERMS OF DELIVERY
Our terms of delivery are only given as a piece of information and do not attend any commitment. A delay in the execution of the order can on no account give cause for indemnification, any allowance or a refusal of the goods delivered, unless an explicit date of delivery has been agreed upon, in this case the vendor will pay an indemnity of 25,00 Euro pro day of delay in the execution of the order.
Our invoices are payable either cash or – according to another agreement - by deposit or transfer to our bank account KBC Ltd. n° IBAN BE71 7360 6036 3669 (BIC KREDBEBB). The amount that has not been paid at the due date will be increased, without further notice, with an interest of 1% per month. Failure to pay the invoice (or a part of the invoice) when due, gives us the right to urge immediate payment of all invoices bills and/or bill of exchange included. In addition, we reserve the right to dissolve any further deliveries and work. We also reserve the right to demand either the forced execution of the agreement, or to dissolve the agreement without prior notice. The dissolution does not exclude any claim for damages.
Any complaint has to be notified by registered mail, within 14 days from the date of receipt of the invoice.
4. LATE PAYMENT
The amount due of the invoices that have not been paid will be raised with 10% and a minimum of 150,00 Euro from the day after the due date of the invoices, without preliminary default notice and as a surplus to the principal sum, the interests of negligence all collecting charges, dunning letters and prosecution costs, if there is evidence that the sums due have not been settled at the due date without well-founded reasons.
5. COMPETENT COURTS
Only the courts in Ghent Belgium are competent to settle all disagreements regarding the payment of our invoices or any other difficulty.
The weight and contents of the goods will enjoy a tolerance of 10%, more or less. No claim will be accepted.
The acceptance of an order involves the agreement with the preceding conditions. Any other written agreement excepted, our general conditions remain in the force, notwithstanding all contrary clauses of the purchaser.
8. RESTRICTION OF OWNERSHIP
a. The merchandise remains property of the supplier until it has been fully paid and can be reclaimed by the supplier as long as the goods are in the purchaser’s possession.
b. This is also true for the goods, which have been given in storing or consignment in order to be sold for the account of the supplier.
c. All deliveries are only to be executed under the application of the articles 101 up to 108 included of the bankruptcy law of 08 august 1997.
9. PRICE DIFFERENCES
LIBERT PAINTS reserves the right to adapt its price lists and price offers according to fluctuations in raw material prices.