Sales conditions AG butterei PUR NATUR
All offers, sales and deliveries are subject to the following contractual terms and conditions, to the exclusion of any provisions that may appear in any document of the buyer. The buyer is deemed to be aware of said terms and conditions and to accept them.
Any deviation from these terms and conditions is only valid if it has been expressly accepted by the public limited company AG butterei PUR NATUR in writing.
Any price offers are issued subject to our reservation of the right to change them. Delivery times are given only as an indication and may never be construed as being binding upon the public limited company AG butterei PUR NATUR.
All deliveries must be checked by the buyer immediately after receipt. Complaints regarding items sold are (given that these relate to perishable goods) will only be considered if they are communicated to the public limited company AG butterei PUR NATUR in writing, no later than the day after the delivery was received. Complaints must always be formulated clearly and in full. The use, even of part of the delivery, implies that it has been accepted by the buyer.
Disputes relating to the invoice will only be considered if they are communicated to the public limited company AG butterei PUR NATUR no later than eight days after the receipt of the invoice by registered letter. This notwithstanding, if the public limited company AG butterei PUR NATUR responds to a complaint that has been submitted late this does not imply any waiving of our invoice terms and conditions in general or the provisions of art.3 in particular, and the position of the public limited company AG butterei PUR NATUR will always be formulated subject to the reservation of all rights and without any prejudicial recognition.
Invoices are payable in cash at the registered office of the public limited company AG butterei PUR NATUR within 15 days after the invoice date. Interest will be charged on all amounts still owing on their pay-by date, by the operation of the law and without prior notification, at a rate in accordance with the Law of 2 August 2002 concerning the combating of payment arrears in commercial transactions.
Failure to pay after a reminder entitles PUR NATUR to demand immediate payment of all other invoices that have already been prepared or are yet to be prepared; to suspend any further delivery, without notification; and to demand the dissolution of the agreement with compensation.
Payment by means of bills of exchange and cheques is only permitted subject to express and prior approval from the public limited company AG butterei PUR NATUR and, in that event, with all costs being paid by the buyer and without prejudice to the contractual terms and conditions.
Amounts owing which, on their pay-by date, remain wholly or partly unpaid, will, by the operation of the law and without prior notification, be subject to compensation in the form of a fixed and non-reducible increase in the invoice amount payable, as set out below.
This fixed compensation will be 10 % of the amount still owed, with a minimum of €125, without prejudice to the contractual interest stipulated in art. 4 and the judicial rate of interest.
Art. 1231 of the Belgian Civil Code may not be applied, although the public limited company AG butterei PUR NATUR may partly or wholly wave its right to collect said compensation.
Goods listed in an invoice may not be exported without the written permission of the manufacturer.
In the event of disputes only the Courts of the Judicial District of Oudenaarde hold competency or, in certain cases, the court under whose jurisdiction the registered office of the other contracting party falls.