GENERAL TERMS AND CONDITIONS
1. Quotes. Our price offers are without obligation and subject to sale.
2. Orders. Unless otherwise agreed and only when confirmed in writing by Amalo bv, the buyer accepts all our terms and conditions of sale without reservation and the buyer waives its purchase conditions. By the fact of purchase, the buyer is considered to be familiar with our terms and conditions of sale.
3. Order confirmation. There is no obligation whatsoever on our part as of the date of our written order confirmation. Any complaint regarding an alleged inaccuracy of the order confirmation must reach us within 8 days following the order confirmation. After this deadline, the complaint will be invalid.
4. Prices. The prices agreed by Almalo are ex works. All taxes, duties and/or charges of any kind relating to the goods delivered or their transport, including any new taxes, duties or other charges, shall be borne in full by the customer. Amalo reserves the right to change prices unilaterally by simple notification if justified by market conditions. Amalo is entitled at all times, unless stipulated otherwise, to draw up partial invoices depending on the claim for the work carried out and/or goods delivered by Amalo.
5. Shipments. The goods are transported at the risk and danger of the consignee. Unless otherwise notified, we shall undertake to ship the goods to the purchaser by any means of packaging or transportation deemed useful by us. We pay for the packaging and freight costs in advance, and subsequently recharge them; our prices are calculated 'ex works'.
6. Delivery times. Delivery times are given for information purposes only and are non-binding. Non-compliance with the specified delivery date may not be invoked to claim interest or damages of any kind unless the delivery dates have been accepted by us in advance and only in writing as binding. In the case of sales on demand and on certain terms, each lot will be considered a separate contract independent of others.
7. Property rights. All goods remain the property of the seller until the relevant invoice has been paid in full. However, the buyer assumes all risks immediately upon entering into the contract. In the event of non-payment of the invoice on the due date, we reserve the right to take back the goods without judicial intervention; the customer gives us irrevocable permission to do so.
8. Invoicing. Unless otherwise agreed in writing, all invoices are payable to our account in Ingelmunster at the end of the month in thirty days, without a discount. We are fully entitled to increase all invoices not paid by their due date by 12% interest per year without issuing a statement. Moreover, after issuing a reminder letter, an additional indemnity of 15% with a minimum of 125 € must be paid. Non-payment of an invoice on its due date will result in the entire balance of the debtor's account being due for payment and we reserve the right to stop or take into consideration all or part of the work in progress, without any formality and with retention of the right to compensation. Should the credit rating of the purchaser deteriorate, we shall be entitled, even after partial delivery of the goods, to demand a bone fide guarantee from the purchaser in order to be able to properly execute the agreements concluded. Refusal to do so gives us the right to destroy work in progress in whole or in part.
9. Force majeure. Force majeure or governmental regulations give us the right to break all or part of the commitment and orders still in progress or to hold their deliveries under consideration, without prior notice and without compensation. It is expressly stipulated that complete or partial strikes at our suppliers or at our own facilities are to be regarded as force majeure.
10. Unforeseen circumstances. In the event of unforeseen circumstances that render the obligations of the seller disproportionate to the obligations of the buyer, the seller has the right to stop all or part of the current work in progress and orders without prior notice or compensation.
11. Special orders. We reserve the right to deliver and invoice 15% more or less for special items ordered from us.
12. Complaints. All complaints, except for invisible defects, shall only be admissible if they reach us in writing within 8 days after delivery or in case of written receipt of the goods immediately after the written receipt has been received. After this period or if the goods have already been used or reworked, no complaint shall be considered.
13. Warranty. If certain goods were rejected with good reason because they did not conform or were not in order and provided the complaint is received by us in writing within 8 days as specified in the preceding article, in the case of hidden defects immediately after their discovery, we reserve the right to choose either to replace the goods or defective parts or to refund the purchase price. Our sole responsibility is to replace incorrect items or components. No other indemnification whatsoever may be claimed by the buyer. The purchaser shall bear all adverse consequences both for himself and in respect of third parties.
14. Disputes.In the event of a dispute, the courts of Kortrijk shall have exclusive competence.
15. Deviations. The potential non-enforcement, even in the event of repetition, of one or another clause of our General Terms and Conditions of Sale is only leniency and does not mean that we will waive our right to enforce it again at a later date.
AMALO BV – INDUSTRIELAAN 17 – 8770 INGELMUNSTER VAT no: BE0887831793