These general sales conditions apply to all actions, services and agreements with our company. The customer declares to know these conditions and to accept them without reservation. Deviations are only enforceable in our case in case of explicit written confirmation from us. The customer’s contrary purchase conditions are not enforceable. Every order, order confirmation means acceptance by the customer of our general terms and conditions. The taxes applied to the invoices are payable by the customer.
The sending of price lists and catalogs is by way of information and does not entail an obligation on our part. The prices on our offers are only valid for a period of three months and subject to no changes from our manufacturers. A possible calculation error can be corrected without jeopardizing the execution of the order. Even with absolute flat rate, any change or additional work ordered by the contracting partner as well as the fixing of the price for this can be proved by all legal remedies. Quotations made on the basis of customer data are always without obligation and are only accepted at the risk of the correctness of the customer. Prices can be changed if the finished dimensions differ from those of the quotation. We are not liable in case of incorrect order or measurement by the customer.
Unless otherwise stated, our offers are valid for 3 months. We are only bound by our offers if the acceptance by the customer reaches us within this period. Changes made to our offers are only valid if accepted by us in writing.
Unless explicitly agreed otherwise, our terms are set in working days and always according to a schedule to be drawn up. The following are not considered to be working days: Saturdays, Sundays and public holidays, annual holidays and compensation days. Unless otherwise stipulated, the goods travel at the risk and expense of the customer. Goods must be returned free of charge.
If we are unable to execute the agreement due to force majeure, strike, lock-out, etc., we reserve the right to terminate the agreement without claiming any compensation or contract revised. All circumstances that were reasonably unforeseeable and unavoidable when submitting the offer and that make the execution of the agreement financially more difficult or difficult than anticipated, will be considered as cases of force majeure. If these unforeseen circumstances are such as to cause an interruption in the supply of goods, the period is suspended by operation of law for the duration of this interruption.
Complaints about the invoice must be sent to us by registered letter within eight days after the date of the invoice, stating the invoice number and the invoice date. Complaints regarding visible defects or incorrectly delivered goods will only be accepted if the comments are clearly formulated and sent by registered letter within 8 days of delivery and / or execution. Our liability is always limited to the exchange of the non-compliant goods or repair of the non-compliant goods if the repair costs are less than the replacement value of the goods, and no other refunds, costs or compensation can be charged to us, regardless of their cause. Any processing or resale of the goods will in any case count as acceptance of the goods, even if a complaint has been made beforehand. The manufacturer’s warranty applies to goods that are not manufactured by us; it is valid in Belgium from the date of, and for the duration as indicated for each product. Our indemnification obligation with regard to defects in delivered goods does not extend further than those of our suppliers. The replacement takes place during the working days and during our working hours, without costs, with the exception of any travel costs. The replacement of goods does not extend the original warranty period.
Incomplete delivery of an order may not give rise to a refusal to pay for the delivered goods. Partial invoicing may be made according to the delivery of the goods. The transfer of risks intended by Articles 1788 and 1789 of the Civil Code takes place on the date of the order / purchase or as the materials or trading goods are delivered. The client ensures that the delivery address is accessible for delivery. The customer ensures that the goods can be delivered to a guaranteed safe room immediately upon arrival. All costs resulting from the inaccessibility of the site will be charged to the client.
Our invoices are payable in Roeselare 30 days after the invoice date or on the indicated due date. A discount of 2% is allowed with payment 7 days after the invoice date. With a first delivery / new customer, the prepayment of the full invoice amount without discount is required. The non-payment on the due date of an invoice makes the outstanding balance of all invoices immediately due and payable by operation of law, regardless of the initially permitted payment conditions. Any amount that remains unpaid on the due date will legally and without prior notice yield an interest equal to the interest rate as stipulated in the law of August 2, 2002 on combating late payment in commercial transactions and with the legal interest as a minimum. In the event of non-payment on the due date, the outstanding invoice amount – after notice of default – will be increased by 12% with a minimum of EUR 125.00 and a maximum of EUR 2 500.00 for the purpose of conventional and fixed compensation, even with granting grace periods. This damage clause is not a compensation for any judicial collection costs. The reservationless payment of part of the invoiced amount is considered as acceptance of the invoice. Partial payments are accepted under all reservations without any detrimental acknowledgment. They are allocated to any legal costs incurred, then to the interest due, then to the lump sum compensation and finally to the principal.
If our confidence in the creditworthiness of the customer is shaken by acts of judicial execution against the customer and / or other demonstrable events, which call into question and / or impossible the confidence in the proper execution of the commitments entered into by the customer. We reserve the right to require appropriate warranties from the customer. If the customer refuses to accept this, we reserve the right to cancel all or part of the order, even if the goods have already been shipped in whole or in part.
PETAC bv reserves the ownership of all delivered and yet to be delivered goods, until the purchase price for all these goods has been paid in full. However, the risk passes to the customer from the order / purchase. The storage of the goods pending delivery or collection takes place at the risk of the customer. If the customer does not collect the goods on the date communicated to him, we reserve the right to regard the contract as dissolved after a period of fifteen days, without prior notice of default. The advances paid remain acquired to compensate for possible losses. We reserve the right to charge additional damages, including storage and any destruction costs.
The cancellation by the customer of an order gives the right to payment of the following compensation:
cancellation before the start of production: flat rate 30% calculated on the total amount of the order
cancellation after start of production: 50% to 100% depending on the advanced production state and / or stage of execution
When it concerns an order / contract that was not specially produced and / or executed for the client / principal: a lump sum of 15% of the value of the order. Intermediaries of any kind are personally responsible for the payment of orders placed by them. They have shown solidarity with the buyers for this payment.
If you decide to return goods to us, you will be responsible for the direct costs of returning the goods and we will charge 15% re-storage costs and administrative costs.
For all disputes, only the courts of the judicial district of West Flanders, department Ypres are competent. Only Belgian law is applicable.