Preamble
These terms and conditions form an integral part of the contract, to the exclusion of the Client’s own terms and conditions. They can only be deviated from after it has been expressly approved by us, in writing.
Order acceptance
Order cancellation by the customer, for verbal or written and or confirmed orders, has to noticed within 5 days in writing. Order cancellation will result in an order cancellation fee, with a value of 30% of the cancelled order.
Price
Unless otherwise noted, all prices are “ex Works” and without VAT. The prices represent the value of the goods on the day of the offer. They are expressed in Euro.
For orders or deliveries that are not exceeding a specified amount, the Supplier will ask reasonable amount for delivery costs as stated on quotes and orders.
Payment conditions
The first order of a customer has to be payed in advance. Payment term can never be longer than 30 days after delivery, as foreseen by the EEC regulations and the Belgian law. Every payment delay, will grant supplier a reimbursement of 12% of the total amount due, for every year started after the due date. On top of this the fee for money collection will be 15% of the total amount due, with a minimum of 40 Euro per invoice. All other costs to collect the overdue payments will be charged to the customer.
Delivery
Complaints concerning shipments have to be done in writing, with a registered letter, within 10 working days after the delivery. Complaints received beyond this period, are not acceptable any more.
The supplier has the right to execute partial deliveries. Partial deliveries, does not relieve the customer of paying the partial invoices.
All announced and mentioned delivery dates and delays are an approximation. Proposed and indicated delivery dates are never binding. Delivery beyond the proposed delivery date, does not offer the customer the right to cancel his order without paying the penalty mentioned in article 2. Postponed deliveries do not offer the customer the right to claim any indemnification or compensation.
Transfer of property
The goods supplied remain our property until the price (principal, costs and interest) has been paid in full. The risks pass to the consignee after delivery.
Intellectual property rights
All studies and developments stay in property of Z-APPLICATION, protected by the intellectual rights. This also applies to documents that have confidential content. They may on handing over to the buyer not be misused by either the buyer or by third parties. The buyer is responsible for any possible abuse and Z APPLICATION reserves the right to claim for damages.
Warranty
Warranty for all products delivered will not extend the warranty periods and conditions set forward by the manufacturer of the product. Warranty period will be mentioned on invoice.
Dissolution
If the buyer fails to meet its contractual obligations, we reserve the right, after notice, either suspend our obligations or to dissolve without judicial intervention, the contract if the notice little or no useful result is given within 8 days, without prejudice to the right to compensation.
Our contract is entered into under condition subsequent bankruptcy of the customer. In case of apparent insolvency or force majeure, we reserve the right to terminate the agreement unilaterally and without the need for prior notice.
Jurisdiction
All our contracts shall be governed by and construed in accordance with Belgian law. The courts of Turnhout have the only jurisdiction in case of conflicts concerning the general terms and conditions.
All notices, claims, remarks, have to be sent to: Breemsedijk, 2350 Vosselaar, Belgium.
Terms and conditions edition 2017