Terms and Conditions

CONTRACTUAL GENERAL TERMS AND CONDITIONS

These contractual general terms and conditions apply to all our commitments and contracts, both national and international, and also to all our co-contracting parties, to the exclusion of the general terms and conditions of our co-contracting parties, unless expressly and in writing derogated from by agreement on our part. All our contracts and commitments are subject to Belgian law to the exclusion of any other national law. In case of dispute, the courts and tribunals of Dendermonde shall have sole jurisdiction.

CONDITIONS OF SALE

1. These conditions of sale apply to all our sales and deliveries to the exclusion of the general terms and conditions of our co-contracting parties, unless expressly and in writing derogated from by agreement on our part.
2. The indications contained in our catalogues and brochures are provided only as general information. Our offers are made without commitment. They may always be revoked or amended and must be accepted in their entirety, unless by written and special derogation. No order shall be final before it has been accepted in writing by the management of our company, as our agents or employees are not authorized to contract commitments or receive payments in our name. In case of contradiction between the order and the confirmation, the content of the confirmation shall prevail, subject to material error.
3. Delivery times are always indicative and bind us only if we have expressly stipulated and accepted them in writing. Any delay shall not give rise to damages, nor to cancellation of the order.
4. Circumstances beyond the seller’s control and of such a nature that performance of the contract can no longer fairly be required from the seller, e.g. import and export prohibitions, measures taken by official authorities making delivery impossible, difficult or considerably more expensive than at the time the contract was concluded, failure or delay in the manufacture of tiles or goods by the producers, stoppage or difficulties in road, rail or boat traffic, frost, strikes, lock-out, fire, war or armed conflict, give the seller the right to terminate the contract in whole or in part without any obligation to pay compensation.
5. The goods travel at the sole risk of the buyer, even if the price is carriage paid to destination. The buyer is obliged immediately after the arrival of the goods to provide the necessary assistance for rapid unloading; if he fails to do so, the seller shall charge the additional costs resulting therefrom. If it has been agreed that delivery is to be made carriage paid by truck, to a site or warehouse, the seller is only obliged to deliver effectively at these places provided that they are normally accessible for the means of transport used with a full load. If this is impossible, the seller has the right to unload beside the means of transport, as close as possible to the site or warehouse. In this case the goods remain at the unloading location at the sole risk of the buyer. Packaging for which the value is exceptionally charged must be returned carriage paid and in good condition within 30 days of delivery. In the event that our goods are delivered on a ‘euro’ pallet, the latter shall be charged to the buyer for the sum of 25.00 EURO excluding VAT per piece.
6. Taking delivery of the goods constitutes acceptance. Any objection concerning a visible defect must be notified to us by registered letter within 5 days of delivery and before any implementation or use of the goods. In that case the buyer must immediately summon us for a contradictory inspection. Hidden defects may only give rise to compensation provided that their discovery occurs within a useful and short period, and that the complaint is notified to us by registered letter at the latest within 30 days of discovery and 12 months after delivery. Whatever the nature of the defect invoked, our liability is in all cases limited solely to replacement of the goods sold, to the exclusion of any other costs of removal and installation of tiles, repairs. Any defects in the tiles give rise to no warranty. If they remain below the threshold of 5% of each quantity sold, the above-mentioned warranties are exclusively limited to first-choice goods. Second-choice goods or goods of lower quality do not benefit from a warranty. Our company is not liable for bodily or material damage, of any nature whatsoever, which is the direct or indirect consequence of the implementation of our materials or goods or of their use. No return of materials may be made without the express prior written agreement of our company. Our company is in no way liable in the event of difficulty or impossibility of reordering sold goods in the same shade or nuance. We do not accept any replacement or ex officio measures without our written agreement or prior and regular recourse to the courts of Dendermonde, which alone are competent to assess the wrongful nature of the non-performance of our obligations.
7. Our deliveries are payable at the address of our registered or operating office in cash without discount, unless expressly and in writing stipulated otherwise. Failure to comply with the payment terms agreed with our customers entails, by operation of law and without notice of default, the forfeiture of discounts and payment costs and makes all sums due to us immediately payable in full, without prejudice to our right to suspend performance of any order not yet delivered. Payment costs are borne by the customers.
8. Any invoice, even partially unpaid on the due date, shall bear interest of 1% per month from the due date, by operation of law and without notice of default. The amounts still due shall furthermore be increased by 10% with a minimum of 125 euro as compensatory and fixed damages, pursuant to Article 1226 of the Civil Code. In the absence of payment on the agreed due dates, we reserve the right at the same time to demand immediate payment of all other sums due and thus made payable, as our co-contracting party loses the benefit of the term. In that case we also reserve the right to notify by registered letter the termination of any other order or market. The termination is then acquired by operation of law.
9. The seller retains ownership of the goods sold until their full payment, but the risks are borne by the buyer. Advance payments may be retained to cover any losses on resale. In the event of non-payment on the due date, we also reserve the right to take back the goods after a simple notice of default. Our co-contracting parties accept this repossession and authorize us to enter their premises for that purpose. In the event of resale of the goods, even processed, belonging to the seller, the buyer assigns to him the claim arising from their resale.
10. Orders may not be cancelled by the buyer for any reason, unless with the express agreement of our company and compensation for damages which may not be less than 30% of the price of the order.
11. Our sales are always subject to Belgian law to the exclusion of any other national law. In case of dispute, the courts and tribunals of Dendermonde, at our choice, shall have exclusive jurisdiction.