GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT
I. TERMS AND CONDITIONS OF SALE AND DELIVERY
1. The placing of an order implies the customer’s compulsory notification of the general Terms of Sale, Delivery and Payment as well as its unconditional valid acceptance, even as if the terms are contradictory to the customer’s general and special conditions of purchase. Other conditions shall only be binding with a prior written acceptance.
2. An order only becomes definitive within three days after receipt of delivery without our refusal. We are never bound to accept an order and refusals do not request motivation.
3. Orders without explicitly fixed prices are charged at tariff price being valid at the moment of delivery. New price lists automatically substitute all former ones. All prices are indicated excluding TAV, unless stated otherwise.
4. Orders referring to offers are valid providing that they have been placed within the validity period of the offer. Offers are valid for a period of two months from receipt of offer, unless stated otherwise.
5. In case of cancellation of the order by the contracting party, the party will be automatically, legally and without former declaration of default liable to pay a fixed and invariable compensation of 25 % of the order amount, due to breach of contract.
6. Delivered goods are not taken back and additional orders under the same or other conditions can not be guaranteed.
7. Allowed discounts never give cause to acquired rights. We have the right to decide whether we allow discounts for every order or not.
8a. Delivery dates quoted are indicative. Unless clearly stipulated otherwise, the buyer can not appeal to non-observance of the delivery date in order to require compensation or cancellation of the purchase/sale.
8b. Estimated delivery time/production time exclude Chinese New Year holiday (3 weeks)
9. Goods travel at buyer’s risk and peril, even if the transport is free of charge.
10. All complaints concerning delivered goods have to occur within three calendar days of the delivery date, accompanied by a covering letter and under penalty of nullity. No more complaints will be accepted and goods will be considered accepted without reservations after this expiration period. No single complaint, even not expressed within a period of 8 calendar days after delivery, will be admissible if delivered goods are subject to acts and if reference materials are no longer available.
11. We are not responsible for direct or indirect, physical or material damage due to improper use of goods.
12. All information concerning the use of products, technical documentation, suggestions, advices or other information that is granted to the buyer, before or after the order’s placement, is done without guarantee. It is the buyer’s responsibility to check whether it is suitable for the intended purpose or whether it can be applied in right circumstances.
13. If the buyer’s faith in creditworthiness is shaken due to acts of judicial execution against the buyer and/or due to other provable events enabling and/or casting doubt upon faith in the right execution of the buyer’s commitments, we reserve the right, even if the goods have been wholly or partly dispatched, to suspend the entire or partial order and to claim suitable guarantees of the buyer. Refusal from the buyer reserves the right to cancel the entire or partial order. This does not reduce our rights to all forms of compensation and interests.
. TERMS AND CONDITIONS OF SALE AND DELIVERY (CONTINUED FROM PAGE 1)
14. Taking-over purchase and/or copying leaflets, catalogues and price lists, even partly, is only authorized with our written permission.
15. Only the Courts of the legal district of Antwerp are competent to all disputes arising from these General Terms of Payment.
16. Models: Small irregularities and differences are possible because each piece of the collection is handmade and therefore unique. Complaints of this kind will not be accepted.
17. Rattan: The Grey ratan is not treated chemically and has a natural colour. The product is semi outdoor. When posible, outdoor use should be restricted to summers only, or a roof protection would help.
18a. Wood: All wood is natural and solid, without chemical treatment. Irregulations and imperfections are normal and wanted. Cracks and bursts liable to diferences in air humidity may occur. The woods stays stable if there´s a relative humidity between 60% and 65%. Complaints due to the different humidity level, or a wrong maintenance, are not subject of our terms of guarantee.
18b. Marble: Transport of marble is on clients risk. So in case marble arrives broken in warehouse of client, client need to bear the loss.
19. Complaints can only be accepted when in writing within 3 days after delivery of the goods.
20a. In case of cancellation, an amount of 20% of the value of the goods will be charged. Every dispute of any kind shall be governed by the jurisdiction of the court of Antwerp. These general terms are accepted without any restrictions.
20b. If Samples are developed on demand of the customer and after
sample development bulk order is cancelled. Development costs of this
will be beared 100 % by customer.
20c. After sample development sales price can be updated according to actual cost
21. Verdon, will not allow third party quality control and preforms the quality control with its own professional QC department.
II. TERMS AND CONDITIONS OF PAYMENT
1. All invoices are, subject to a well defined written condition stipulating otherwise, payable in cash at our company seat. Unless clearly stipulated otherwise, our sales representatives, agents, employees or trustees do not receive the invoice amount.
2. Exchange rate risks are to the buyer’s account.
3. Drawing or accepting a bill of exchange and other transferable documents does not imply novation nor involve variations on these terms of sale, delivery and payment.
4. A conventional secondary interest of 10% will be generated legally and without proof of default for any outstanding amount at the expiration date. Besides, the buyer in default will be liable on the same conditions for payment of a fixed and invariable damage clause equal to 10 % of the outstanding amount with a minimum of € 50.
5. Non-payment of one single invoice at the expiration date makes the balance due immediately and legally payable for all other, even non-expired invoices.