The present General Terms of Sale shall apply to all sales, regardless of how the order was placed.
Every order received must be the object of an acknowledgment of receipt from our company.
No variations to any existing model will be allowed.
Any remaining unhewn knots and small cracks, even after finishing, are characteristic of the natural quality of wood.
We reserve the right to modify any prices and models. Our pricelists and catalogues replace and annul all previous ones. Models which are not included in the lists or catalogues, are no longer produced. We reserve the right to modify any forms, dimensions and design in order to guarantee the quality of our products.
Any stated delivery time shall be merely informative, not binding. The buyer expressly waives every refusal of goods, as well as any claim for damages for any delay in delivery.
Goods, even when sent free of charge, will travel at buyer’s risk.
We reserve the right to charge for all goods delivered, even if it concerns only a partial delivery.
WARRANTY AND LIABILITY: Any complaint will be considered only if sent within 8 days after receipt of the goods. Complaints shall not suspend payment commitment. Seller’s liability shall by no means be extended any further than the commitment to repair or replace at his own risk any faulty pieces, which have been sent free of charge to his plant.
Deliveries may no longer be executed if previous deliveries have remained unpaid until after the due date.
Terms of payment: net cash on delivery. All collection charges are at the buyer’s expense. Invoices are payable in Antwerp within the terms as set out in the invoice. Non-observance of a due date will allow us to make all invoices collectable at once. Failing payment of the invoice by its due date, interest will, as of right, and without prior official notice, be due by the debtor at one and a half percent per month commenced. Furthermore, we reserve the right to break off the whole sale, as of right, in case of non-payment of any partial delivery. In case of non-payment on the due date as a result of negligence or ill will, the due amount will, as of right, be increased by 20%, subject to any charges, as a conventional penalty clause, with no formal notice required (art. 1147 and 1132 Civil Code). Moreover, the law of 2 August 2002 implemented to counteract delays in payment in business transactions, shall fully apply to any unpaid invoice, in particular with regard to the term of payment (if a departure from the general regulation of cash payment was agreed upon), interest on arrears (reference interest rate increased by 7 percentage points and rounded up to the higher half percentage point) and indemnity for collection charges.
The acceptance by the buyer of a security or his handing over, as a payment, of a security or a check to third parties, does not entail any novation. If several bills of exchange have been accepted for payment of a debt, nonpayment one bill on its due date shall entail the expiration of the term for all bills and the entire debt will be claimable on call, giving us the right to cease all further deliveries.
All goods are sold with reservation of title, until full payment of the invoice. As such, the buyer acknowledges that the goods remain the full property of Royal Botania until full payment of the invoice. From the day of delivery, the buyer is responsible for the good condition of the goods. The sale shall be broken off, as of right, in case of nonpayment on the due date. Goods have to be returned within 48 hours and any amounts paid in advance will be forfeited as indemnity.
Our agents and representatives are not authorised to collect our invoices, except with our express consent. Payment in their hands shall not exonerate the customer. Any promises or pledges made by the latter, are not binding on our company, except when confirmed by us.
All contracts are concluded on the aforementioned terms, any terms of purchase of our customers will not be acknowledged.
Our written consent is required for any advertising with our models in magazines, dailies and weeklies, etc.
Any disputes or contests, for whatever reason, shall be governed solely by the court of Antwerp.
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