General terms and conditions of sale BMC NV
The offers of BMC NV, hereinafter referred to as the seller, are made without any obligation and subject to availability or within the limits of the stock. They are always subject to revision. Offers are drawn up exclusive of taxes and duties which are always at the expense of the buyer.
Any order implies the full and unreserved acceptance of the seller’s general terms and conditions, which apply exclusively, notwithstanding any contrary clauses of the buyer. Orders may be submitted to the vendor in writing (letter, fax or e-mail) or verbally or online. However, any disputes will only be settled on the basis of written documents. In the absence of the latter, the seller may not be given notice of default in the event of any misinterpretation of the information provided orally. All orders are irrevocably binding on the buyer. The advances paid by the buyer will be included in the price of the order.
The details of the delivery times are supposed to have been communicated only as an indication, so that possible non-compliance with them can under no circumstances give right to the payment of damages and/or interest by the seller. The delay in the execution of the order cannot give rise to the cancellation of the order, nor to the right of the buyer to purchase the equipment elsewhere at the expense of the seller. The additional costs for the execution – at the request of the buyer – of the delivery in a shorter period than the normal or agreed term, give rise to an additional cost to be borne by the buyer.
Any order of more than 100,00 EUR net will be delivered free of charge to the place indicated by the client.
Any order of a lower amount (excl. VAT) will be subject to a surcharge of 5,50 EUR as a contribution to the shipping costs.
In order to be valid, any refusal or complaint must be notified by registered letter within eight days of delivery. If the buyer does not take delivery of the goods, this period of eight days starts from the moment he receives the proof of dispatch or any other equivalent proof. Failing this, upon receipt of the invoice. The absence of any dispute in accordance with the rules described above gives rise to the purchaser’s unconditional acceptance, without reservation, of the merchandise delivered, as well as of the invoice drawn up in accordance with this delivery. The use of a part of the delivery automatically leads to the recognition of the whole: the defects of a part of the delivery does not give the buyer the right to refuse the total delivery. The liability of the seller is excluded for damage to persons or goods caused by the delivered or purchased merchandise. The seller cannot be held liable for hidden defects which he does not know or which are not detectable, nor can they give rise to an arbitrary claim for compensation.
The invoices of the seller are payable in Oostkamp within 30 days after receipt and without discount, unless otherwise stated on the invoice. Complaints, even well-founded, do not alter the payment obligation. On all invoices that have not been paid on the due date, a late payment interest of 1.5% per month will be charged ipso jure and without prior notice of default, starting from the invoice date. In that case, the invoice amount will also be increased by 10% of the total invoice amount by operation of law and without prior warning, with a fixed minimum amount of 50 EUR excluding VAT. The non-payment of a single invoice on the due date authorises the seller to demand immediate payment of the entire outstanding balance and gives the seller the right to unilaterally cancel all current orders and orders without formal requirements, without prejudice to its right to compensation. The delivered goods and the transport and packaging materials used remain the property of the seller until the day of full payment by the buyer. All possible costs of revision shall be borne by the buyer. The buyer must inform the seller in writing and in advance if goods and/or transport and packaging materials are placed in a space rented by the buyer. The buyer will be liable if he has not informed the lessor of the retention of title on the part of the seller.
In case of a dispute, only the courts of Bruges are competent and only Belgian law is applicable.