Terms and conditions

With every order made the terms and stipulations below shall be regarded as being accepted in full. These general terms shall have priority over any terms of purchase of the customer. Other conditions may only be imposed upon us if they have been accepted by us in writing.

Article 1 – Offers

1.1. All our offers relating to price, quantity, term of delivery and delivery possibilities, in whatever form, shall be without obligation.

Article 2 – Prices

2.1. With the exception of prices which have been firmly agreed for a well-defined period, all deliveries shall be invoiced at the price applicable on the day on which they are dispatched.

2.2. Any increase in duties or taxes, wages, social charges or the cost of raw materials implemented between the dates the order is made and the date of its execution shall be borne by the purchaser. In this event the final price shall be established at the time of execution.

2.3. Unless the purchaser has the goods weighted at a recognized weigh station, and this at his expense, the scales of the vendor shall be normative.

2.4. The accepted differences in weight may be maximum 10%. The purchase hereby declares that he shall pay for the weight actually received.

2.5. The additional charge for urgent dispatch shall be borne by the purchaser.

Article 3 – Term and place of delivery

3.1. The term of delivery given shall be purely indicative.

3.2. Delivery shall occur ex warehouse at the moment the goods are made available to the purchaser.

3.3. In the event of a delay in delivery the purchaser shall not, under any circumstances, have the right to compensation nor the right to break the agreement.

Article 4 – Transfer of risk

4.1. All risks associated with the goods shall be borne by the purchaser from the moment the goods are made available to him in our warehouse and/or factory, even in the event that transport is at our expense, and this regardless of the stipulation of reserve of ownership.

Article 5 – Reserve of ownership

5.1. All goods supplied by us, even if they have been processed, shall remain our property until payment in full of all our claims, including any balance in our favour arising from previous transactions. The goods may, therefore, at any time during the entire period of reserve of ownership be claimed back by the N.V. GOVI.

5.2. In the event of the processing of the reserved goods the purchaser shall act on behalf of the vendor. The reserve of ownership by the vendor shall extend to the goods created as the result of processing but the purchaser may have disposal of the goods provided that sufficient guarantee is given.

Article 6 – Complaints

6.1. Compliance of the delivery with the order made shall be checked upon receipt by the purchaser. Errors in the delivery shall be recorded on the delivery form and confirmed to the N.V. GOVI in writing within 24 hours.

6.2. Other complaints shall be sent to the registered office of the N.V. GOVI by recorded letter at the latest 8 days after receipt of the goods. The N.V. GOVI shall, at the very most, only be liable to replace those goods delivered which do not comply with the order.

6.3. Processed goods shall be regarded as having been approved by the purchaser.

6.4. The packaging and contents of goods delivered which do not comply with the order shall be retained and made available to the vendor by the purchaser.

6.5. Goods may only be returned to the vendor with prior written permission from him and this on condition of compliance with the shipment or other instructions and within a period of 8 days. During shipment back to the vendor the risks associated with the goods shall be borne by the purchaser.

6.6. A complaint shall not release the purchaser from his obligation to pay.

Article 7 –Payments

7.1.The amount of our invoices shall always bepaid net, in cash and without discount at the registered office of the N.V. GOVI.

7.2.Payment by means of a bill of exchange shall not lead to novation.

7.3.Acceptance of the invoice shall, legally and in accordance with art. 1139 of the Belgian StatuteBook, count as notice being served upon expiry of the term and this without any other document being necessary.

7.4.All invoices shall be regarded as having been accepted by the debtor unless protest is received by recorded letter within 8 days. From thedate of maturity onwards the part of our invoices still outstanding shall, legally and without notice being served, incur a delay interest of 10% per year.

7.5.In the event of non-payment of an invoice, all invoices still outstanding, including those which have not yet fallen due, shall immediately fall due.

7.6.In the event of non-payment on the date of maturity and in the absence of valid protest being received in time, the debtor shall, legally and without notice being served, in application of art. 1147 of the Belgian Statute Book, be obliged to pay compensation conventionally and irreducibly set at 10 % of the outstanding amount with a minimum of 123,95€ per invoice and this without prejudice to delay interest and any legal costs.

Article 8 –Guarantee

8.1.The guarantee associated with hidden defects to the products shall be limited to replacement of the goods. The reimbursement of the proven loss incurred by the purchaser may not, under any circumstances, exceed the selling price of the product used.

8.2.When providing chemical and technical advice, both verbals and in writing, the N.V. GOVI shall only enter into an agreement to provide the means without guaranteeing the results. This advice shall be regarded only as a guide-line for which the N.V. GOVI shall not accept liability. It shall be incumbent upon the purchaser himself to test the goods.

Article 9 –Storage

9.1.The N.V. GOVI shall not beliable for damage to the goods stored in its warehouse and/or factory from the moment they are made available to the purchaser.

9.2.If, after having been made available to the customer, the goodsremain stored in our warehouse for longer than one month, storage costs shall be charged to the customer.

Article 10 –Jurisdiction

10.1.All disputes shall fall solely under the jurisdiction of the courts of the legal district of Ghent, competent by reason of the registered office of the N.V. GOVI. Article 11 In the event of a difference in interpretation, the Dutch text shall have priority.