1. APPLICATION

These general terms and conditions of sale apply to all orders transmitted to us. The customer is deemed to accept them by the mere fact of his order. These conditions take precedence over any terms and conditions of the buyer.

2. OFFERS AND PRICES

The communication of prices counts as information. They bind our company only after written confirmation. Comments on our confirmations must reach us within eight days in order to be taken into account. The sending of samples and notification shall be regarded as information and shall only give an approximate description of our products. We refuse any liability in the event that our products should prove unsuitable for special purposes for which the buyer or his customers intended them. In any case, our liability does not exceed that of our suppliers.

3. TERMS OF DELIVERY

Delivery deadlines are given as information and orders are sent in turn. Even if our company undertakes to deliver within a certain time limit, this delivery may be suspended not only because of force majeure, but also because of difficulties inside or outside the company. We reserve the right to suspend delivery as long as these difficulties last, even to abandon delivery, without being liable for any compensation in this respect.

4. FORWARDING - TRANSPORT

Shipment may be fractionated according to our company's choice. Acceptance and transfer of risk shall take place on departure from our facility, transport shall be at the expense and risk of the buyer.

5. FACTURATION

Prices in foreign currencies are determined at the exchange rate on the day the merchandise is made available. Any change in this parity shall give rise to proportional adjustment. Any increase in import duties, transport costs, taxes and the like between date of sale and delivery shall be borne by the buyer.

6. PAYMENT

Unless otherwise stipulated in writing, our invoices are payable in cash at Drongen, net and without discount. The drawing and/or acceptance of bills of exchange does not imply a renewal of debt and does not constitute a deviation from the conditions of sale. Any amount remaining unpaid on its due date shall automatically and without notice of default bear interest at the rate of 8% per annum. In the event of non-payment on the due date, we reserve the right to increase the amount of the invoice by 15%, with a minimum of €100. The non-payment on its due date of a single invoice makes the balance due of all the other invoices, even those not yet due, immediately payable by right. This eventuality also allows us to suspend or abandon the performance of our commitments, without being liable for any compensation for this.

7. RETENTION OF TITLE CLAUSE

The goods remain our property until full payment of the price. All risks are borne by the buyer. Advances paid remain acquired by us as compensation for possible losses on resale.

8. WARRANTIES AND COMPLAINTS

The buyer is obliged to check the goods upon receipt with regard to their identity and capacity. A complaint will not be accepted unless the inspection has been carried out. To be considered, any complaint for defects must be notified to us within five days of delivery. A guarantee for hidden defects will not be given. No guarantee is given: a) for visible defects when the goods have been processed or treated. b) for hidden defects if the indicated instructions for use have not been followed or if the goods have not been treated judiciously. Our obligations are always limited to replacing or repairing the delivered goods free of charge, without any additional compensation. Any damage or shortage is only accepted after a protest at the time of receipt. The warranty on the pool works and construction lapses if works are carried out by third parties (renewals, repairs, etc...).

9. PACKAGING

If the seller makes packaging material available for delivery against a deposit, our packaging conditions shall apply. A copy of these conditions can be obtained from the seller on request. The warranty expires if the packaging is not returned to the seller within 2 months.

10. DAMAGE

In the event that the sale is cancelled at the buyer's expense, the buyer shall owe us compensation fixed at a flat rate of 20% of the amount of the sale, or of the cancelled part thereof, subject to increasing this compensation on the basis of the actual damage suffered and proven, as well as the costs incurred by us as a result of the cancellation
incurred.

11. COMPETENCE - LEGISLATION

In case of dispute, only the courts of the district of Oudenaarde Ghent, are competent to take cognisance of the dispute.

12. PERMISSIONS

Our company relies on the buyer being legally in order with all the necessary permits for being allowed to sell the goods offered by us. If this is not the case, the seller is not responsible for any disputes and returns will not be accepted as a result.

13. DISCLOSURES

Competent commercial court : RPR GENT, department Gent