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General sales terms

GENERAL SALES TERMS

  1. OFFER.  Any written or verbal  quotations are always given without obligation.
  2. ORDERS. Orders given by telephone or through the intermediary of our representatives will be binding for our company only after their acceptance in writing.
  3. ACKNOWLEDGMENT OF ORDERS.  Any acknowledgement sent by the seller/company to the buyer and which the latter fails to return duly signed for agreement within five working days may be considered as null and void by the seller.
  4. TIMES OF DELIVERY. Times of delivery given by the seller are approximate indications: failure to observe such times of delivery may not serve to support any claim for damages.  Deliveries and shipments will be carried out as quickly as possible and within the times we stipulated without obligation, wherever possible.  Abnormal delays in deliveries may not be used as cause for any cancellation of order unless such cancellation was preceded by a written warning, the seller reserves his right, however, to effect the delivery within 25 working days following the receipt of the warning.  Any cases of force majeure such as unforeseen work stoppage or interruption because of war riots, general or partial strike, general or partial lock-out, epidemics, accidents which stop or decrease production or any other unforeseeable cause such as insufficient raw and auxiliary materials supplies will release the seller from any responsibility relative to non-execution of orders, without entitling the buyer to any claim for damages.  Except where a clause to the contrary has been included in the contract, a maximum time of acceptance of delivery by the buyer of six months is taken for granted where the execution of each order is concerned, finished pieces will be delivered as they come in.  Upon expiry of these six months terms, the seller may either consider the order as cancelled or demand its execution.  Partial execution after the six months terms mentioned above may not be construed as any renunciation to the right of cancellation.   
  5. SHIPMENT. The merchandise will travel at the risks and perils of the addressee even where the shipment is made carriage paid or cash on delivery.
  6. RIGHT TO CHANGE. The buyer has the right to change goods within fourteen days.
  7. COMPLAINTS.  The seller reserves his rights to demand acceptance of the goods on his storage premises.  If the seller has not made use of this right.  Then any complaints by the buyer can be considered only if they are made in writing and forwarded by registered mail within fifteen days following the receipt of the goods.  No complaint will be considered for goods already marked or processed.  No complaints will be accepted for possible defects established by the buyer through lab test e.g. with respect to light and water fastness, tensile strength, wear resistance, shrinkage during washing and/or ironing, if the goods have been marked or processed.  This also applies to visible weaving yarn, dye and finishing defects.  Since our representatives are not authorized to commit our company, any transaction will require our approval in writing.  No merchandise may be returned without the seller’s approval.  If this approval has been given, then the goods involved must be returned immediately and shipped carriage paid.  Notwithstanding the size of the order given, the seller will not be committed to integral delivery of the length and he will not incur any liability for damages as regards the buyer.  The seller reserves his right to place the defective goods returned by the buyer or not; the buyer will not have any claim for damages in this respect.
  8. PAYMENT.  Payments must be NET without discount within 30 days date of invoice unless mentioned.  An accepted draft will be required for longer terms of payments.  The buyer undertakes to sign the draft presented for acceptance and return it within five days.  The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill of exchange or by any other arrangement, nor shall any such act constitute a novation.   Any payments made in hands of our representatives are not valid.
  9. All present and future costs regarding the sale, such as any taxes, VAT, etc… will be at the buyer’s expense.
  10. Negotiable instruments will be accepted only subject to their payment.  Bills and payments in foreign currency will be accepted only for the value that may be obtained in Belgium at the rate applied on the date of the acknowledgment of order.
  11.  If in the opinion of the seller there deterioration the creditworthiness of the buyer, the seller reserves the right to ask the buyer to provide such guarantees as the seller may deem proper to ensure the full performance by the buyer of his engagements under the contract.  Such request may be made before or after delivery of all or part of any order.  Should the buyer fail to meet any reasonable demand for such a guarantee, the seller shall have the right to cancel all or part of any contracts in operation.
  12.  Any amount unpaid on the due date shall, automatically and without prior notice, attract interest at a rate of 2% above that applied on the invoice date by the Belgian National Bank for current account advances against government securities.  If the invoice fails to be paid without valid reason on the due date, then the buyer will have to pay the seller compensation equal to 15% of the amount of the invoice (with a minimum of €60)  as from the day following the due date of the invoice.  All this become payable without previous demand, without prejudice to the principal amount, the interest for deferred payment as well as any expense for collecting and legal intervention.  In the event of an invoice remaining unpaid on the due date, all invoices shall immediately become due for payment, regardless of their original maturities.  Should the buyer fail to honor his engagements the seller may consider the contract cancelled and a letter sent by recorded delivery by the seller to the buyer shall be evidence of the seller’s exercise of this right.  Such action shall not in any way limit or prejudice the seller’s other rights.
  13.  TRANSFER OF PROPERTY. The seller remains the owner of the goods sold until the purchase price has been received by him.  As long as payment has not been effected, the buyer will have no authority to pledge the goods or use them totally or partly as surety.  In the event of default of payment on the due date and at seller’s first request, the buyer will have to return any goods he still holds and which belong to the seller.  Nevertheless, purchaser will be entitled to sell these objects to a third party within the framework of the normal carrying on of his business and to deliver them on condition that – if the seller so requires – purchaser, as long as he has not fully discharged his debt to the seller shall hand over to the seller the claims he has against his buyer emanating from this transaction.  The buyer shall also be entitled to transform these goods or to incorporate them in a new product or products.  In that case the seller reserves to himself the legal and equitable title to the final product or products into which the sold goods are incorporated or mixed.  The buyer shall store the final products separately and property in these products shall remain with the seller until fully payment has been made to the seller for the goods sold to the buyer.  All risks are on the buyer’s account.
  14.  No provision of this contract may be considered as a clause of form and neither any tolerance nor any performance contrary to the provision of this agreement may be considered as a final deviation as regards the terms of the contract.
  15. http://ec.europa.eu/consumers/odr/
 Disputes arising out of this contract shall be referred to the Commercial Court of Ghent or, at the seller’s discretion to the appropriate court having jurisdiction at the buyer’s domicile.

Soie Unique BVBA | Headquarters: Jacques Eggermontstraat 63 - 9050 Ghent | Company nr: 0875.742.526 | RPR - Gent | BTW: BE0875.742.526 | Xavier: +32 475/95 10 15 | Céline: +32 476/94 26 99 | info@soie-unique.be