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General terms and conditions

  1. Every order must be confirmed in our offices to bind the firm.
  2. The goods fully remain our property until full and final payment, including any late payment interest and penalty provision, has been made. Despite this express reservation of ownership, all risks are transferred to the purchaser.
  3. For validity purposes, any complaint must be submitted to the company De Groene Poort BVBA in writing no later than within 3 days following the receipt of the goods.. The fact that there is reaction to a late complaint does not imply any waiver of this Article and is always made subject to the reservation of all rights and without any prejudicial acknowledgement.
  4. Where a complaint regarding defective goods is acknowledged, either between the parties or judicially, our responsibility will not exceed the proportionate repayment or replacement of the disputed goods and any direct or indirect compensation for damages will be excluded.
  5. The goods are transported at the expense and risk of the addressee. Even if they are transported freight-free, they still travel at the purchaser’s risk and responsibility.
  6. Any complaints or invoices must be submitted in writing within 3 days after receipt.
  7. All invoices are payable in Vichte. Such right will not be waived by withdrawing a bill of exchange from the purchaser.
  8. Payment must be made in cash and net. Any sums not paid on the due date will incur interest in the amount of 14% per year as from such due date, de jure and without notice of default. Any payments will first be used to settle overdue interest charged.
  9. If the purchaser’s credit worsens, we reserve the right, even after a part of the goods have been sent, to demand from the purchaser appropriate guarantee that the obligations undertaken will be duly respected. If the purchaser does not provide this to our satisfaction, we have the right to cancel the entire or a part of the order.
  10. Our price quotation, as well as the delivery deadlines indicated are provided for information purposes only but can never imply any obligation on our part, nor can it generate any compensation for damages.
  11. In the case of complete or partial non-payment of the amount owed on the due date without any serious reasons and if the notice of default is sent to no avail, the debt balance will be increased by 12%, with a minimum of 50 and a maximum of 1500, even where periods of grace are granted.
  12. If there is a dispute, the Court in Ghent or, where appropriate, the Justice of the Peace Court in Ghent, will have sole jurisdiction. (For export: in the case of dispute, the courts of the Judicial District of Ghent or the Courts of the purchaser domicile, as chosen by the purchaser, as chosen by the seller, have sole jurisdiction.) Only Belgian law applies.
  13. Unless there is any written provision to the contrary, our invoices are payable net and in cash.
  14. The purchaser is liable for the exchange rate risk. All collection or objection costs are also at the purchaser’s expense. Bills of exchange will not bring about any novation.
  15. Non-payment of one single invoice on its due date will make the owed balance of all other invoices, even if they are not yet due and payable, immediately claimable by operation of law.
  16. By concluding agreements with us, the purchaser acknowledges that he, she or it is familiar with these terms and conditions and accepts that these form an integrated component of the agreement. Unless we have given written acceptance, all the purchaser’s terms and conditions to the contrary will be invalid and unenforceable.
  17. If invoices must be addressed to physical legal person other than the one placing the order, both the one placing the order and the one to which the invoice was addressed will be jointly and severally bound to duly respect all obligations vis-à-vis De Groene Poort
  18. If the purchaser dies or the company is dissolved, the seller will have the choice of terminating the contract or demanding its execution vis-à-vis the legal successors.
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