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NOTE: This document is an automated translation of the ‘Conditions Générales’ of Remitack and is therefore strictly indicative. No rights can be derived from this document. The French version ‘Condition Générales’ is always leading in case of conflict between the different versions of this document.
These General Terms and Conditions apply to all dealings (purchase and sale, contract cleaning) of RemiTack & Fils NV with its customers subject to changes, which both parties expressly agree in writing.
The actions are taken on the basis of information from various documents. In the event of any contradiction between these documents, the order confirmation takes precedence over the offer which takes precedence over the acceptance conditions which take precedence over these general conditions which take precedence over the order. The customer's purchase conditions will not be accepted unless specifically stated in an agreement.
Only the latest version of the general terms and conditions apply and are published on our website. We may change the terms and conditions at any time and without written notice or confirmation.
1. Quotation - Order
Our offers are not binding.
All information regardless of the mode of communication regarding delivery time, quantities, dimensions, properties, descriptions, applications of the goods are only indicative.
Every order is valid only after our written confirmation. In case of cancellation of a confirmed order by the customer, our damages will be estimated at least at 30% of the agreed total price (incl. taxes, duties and costs), without prejudice to our right to claim compensation for its actual damages or to demand the forced performance of the contract.
We reserve the right, even during the execution of the order, to demand guarantees of payment from the customer. In the absence of a timely and/or sufficient guarantee, or in the event of one of the following circumstances in particular: any non-payment, bankruptcy, application for judicial composition, moratorium, dissolution or winding-up, publication of protested bills of exchange, summons to appear before the court as a result of overdue payment, opening of a file with a service for the detection of companies in difficulty, press reports about poor solvency, apparent insolvency of the customer, death, sale, transfer, pledge, contribution to a company of the trade fund or the customer's equipment, as well as if the customer does not accept a bill of exchange in due time, all outstanding amounts, including those owed by the customer to our related companies, shall become immediately due and payable, without notice of default being required, and notwithstanding pre-authorised terms of payment and/or drawing of bills of exchange or promissory notes and/or agreed staggered deliveries, and we shall be entitled to suspend or cancel all our commitments by registered letter, without the intervention of the courts, without being liable for any compensation, and without prejudice to our right to damages.
2. Delivery time
A delivery and/or performance period is provided by way of information only and is therefore not binding. Delays in delivery do not entitle the customer to claim compensation or to dissolve the contract.
If, as a result of force majeure, mobilisation, war, epidemic, strike, demonstration, lockout, defects, fire, flood, explosion, lack of raw materials or supplies or labour or means of transport or energy, interruptions in production, changed economic circumstance, vandalism, extraordinary weather condition accidents, measures taken by public authorities and all circumstances beyond our control that disrupt the normal course of business, we reserve the right to reschedule the delivery period or to terminate the contract by registered letter, without the intervention of a court and without costs or compensation for either party.
We undertake to the best of our ability to clean the goods - customer's property and second-hand goods - and/or carry out maintenance repairs to them and/or replace parts and/or add parts. Unless we explicitly guarantee good condition in the order confirmation, the goods are delivered in the condition in which they are. The customer is thus informed about possible defects, hidden or otherwise, including leaks and contamination. By entering into the agreement, the customer accepts this risk. We are not obliged to compensate damage resulting from leaks, moisture, insufficient cleaning, damage to products and/or any indirect or consequential damage.
Complaints concerning the goods delivered and/or work performed must be notified to us as soon as possible by e-mail with the necessary proofs and identifications including photographs and this at the latest within 48 hours after receipt or after discovery of the hidden defect with a confirmation by registered letter within 8 days. At our request, the customer will return the defective goods to our headquarters for further inspection at his own expense. In the event of a justified complaint, we will have the option of crediting or replacing the defective goods.
The customer shall not be entitled to compensation in case of deviations in material, dimensions, colour, smell, quantity delivered, natural ageing, etc. and/or damages caused by incorrect manipulation, use, transport, storage, repair by the customer and/or a third party.
4. Collection - Delivery - Storage of goods
Any delivery of goods from the customer/supplier or from a place designated by him to our registered office is 'DDP' (Incoterms 2020) unless otherwise stated.
Any delivery of goods from our registered office to the customer or to a place designated by the customer is 'ex works' (Incoterms 2020) unless otherwise stated.
All transport of goods carried out by us is always done out of courtesy and service at the sole expense and risk of the customer. Should we nevertheless be liable for transport risks, this liability shall be limited to the CMR conditions. We reserve the right to make early and partial deliveries insofar as these are not unreasonable for the customer.
In case the parties are bound by a contract of hire, the risk in relation to the goods remains at the customer's expense during the period the goods are stored with us.
5. Rates - Payment
Our rates are in Euro excluding VAT and transport costs unless expressly stated otherwise in the quotation. Rates are valid only for the quantities stated and for the duration of 1 month.
In the case of sales, ownership of the goods passes to the customer only upon full payment of the price. However, risk passes to the customer from the time of order confirmation.
All invoices are payable, without discount, on 30 days from invoice date unless otherwise stipulated, to our bank account stated on our invoice. We do not accept cash, bills of exchange or cheques.
Payments must have a correct reference to the relevant invoice. In case of overdue payments, we reserve the right to allocate payments to the oldest past due invoice incl. additional costs and interest.
In case of partial payment or non-payment on the due date, without any warning or notice of default, the debt balance will be increased by 15% with a minimum of EUR 150 and an interest of 12% per annum on the debt balance, until full payment, will be applicable, even in case of granting of periods of grace.
In case of partial or non-payment of the due invoice, we reserve the right to refuse or suspend or stop deliveries.
The conditions of acceptance apply to all goods received.
All residues are weighed on arrival, processed and charged separately.
The correct information regarding the final contents of the goods - where applicable the original UN labelling - must be clearly visible and legible on each of the goods. The customer must provide us with the complete MSDS info of all goods involved before the shipment of the respective goods.
Goods that have contained toxic substances as defined in the ADR and/or dangerous goods directives can only be accepted after prior decontamination or neutralisation which is clearly marked on the goods.
Goods containing highly harmful substances including but not limited to carcinogenic and mutagenic substances and/or heavy metals such as lead, cadmium, mercury, barium, thallium, copper, manganese, zinc and bismuth can only be accepted with prior explicit agreement.
7. Retention of title
The products sold and delivered, even if they have been processed or used, only become the customer's property after full payment incl. interest, damages, claims and costs thereof. We are entitled to take back goods delivered or goods not received without court intervention. The customer thereby gives permission to enter the places where the goods are located. We have the right to take used goods whose estimated value based on a public sale is proportional to the disputed amount. We have the right to sell these goods out of hand or by auction. Any surplus will benefit the customer. Our exercise of our retention of title does not constitute rescission of the contract.
We also retain a lien on all goods, property of the customer, that have regularly come into our possession, even those that are not the subject of the invoice or agreement in question.
Finally, we reserve the right to consider the agreement dissolved at the customer's expense for the whole or the part not yet performed after prior written notice.
We reserve the right to consider the agreement automatically and without prior notice as dissolved in case of bankruptcy, obvious insolvency as well as any change in the customer's legal situation.
Belgian law shall apply. In the event of a dispute, the courts of Mons and Charleroi division Tournai shall have sole jurisdiction. The jurisdiction is French-speaking.
If any clause of these general terms and conditions is declared partially or completely invalid, this does not affect the validity of other clauses.