1. Orders are taken, offers are made, provided goods, means of transport and packaging are available.
2. The buyer will take all necessary steps to ensure a smooth delivery. He will ensure storage facilities are clearly identified, accessible, in good condition and in compliance with applicable laws and regulations. When the buyer decided on the quantities to be delivered, he will ensure to have sufficient storage capacity, the seller will take no responsibility in case of overflow. Should any incident occur at delivery, the buyer shall immediately inform the driver and the seller. The seller is entitled to deliver the goods in bulk according to the needs, a reload is to be measured in multiples of 1 m³, by amounts equal to four-fifths of the customer’s storage capacity, any quantities may be rounded to the higher multiple.
3. The seller shall be entitled to suspend or limit its deliveries in the following cases: war, riot, strike, restrictions on imports or exports, blockades, accidents of any kind occurred during transport, wrong packaging or means of transportation, shortage of products or basic ingredients, restrictions of any kind occurred in both producing or consuming countries, acts of God, fortuitous events and all facts that limit the ability of the seller to buy, carry, import, unload or distribute the goods.
4. Quality control of the goods will take place at delivery. If no complaint is submitted within three days of delivery, the purchaser is presumed to accept the goods. The buyer will take all measures not to affect the quality of the goods either by himself or by a third party.
5. The seller declares that, as regards to REACH regulation (EC regulation 1907/2006 on the registration, evaluation and authorization of chemicals), they are consistent with regulations in force on the day of delivery, for the uses listed in the Safety Data Sheets (MSDS) available at www.quickfds.com. The purchaser agrees to comply with the provisions and precautions to contain and transmit to its employees and any sub-buyers. The seller will in no way responsible for any damage resulting from a failure to inform the buyer of the content of SDS, the non respect of such content by any downstream user or a non-use of the goods taken into account in the MSDS or discouraged by the seller. The contractual quality of the goods delivered is defined exclusively by the specifications set by the seller. Identified uses within the meaning of the REACH regulation do not constitute in themselves no agreement between the parties as to the quality of goods or as to a specific use thereof.
6. Goods are invoiced at prices valid on the date of delivery. Any departure from this clause is granted only precarious purposes only and under no circumstances operate novation. The buyer shall ensure strict compliance with the current legislation, particularly for tax purposes for him and for anyone he will deliver goods to. In case of non-compliance with these provisions, the seller reserves the right to suspend the delivery or to terminate the contract without compensation for the buyer and without undergoing any loss for himself, with the right of compensation from the buyer.
7. All sales are bought for cash. Any other accepted means of payment does not effect novation. Invoices are to be paid on the due date stated on the invoice. If direct debit payment, the invoice is the document used to notify the date when the debit will occur; the notifications should be of minimum five days. A 10 % APR will be added to the amount due in case of any unpaid invoice on its due date, counting from its due date until paid in full, any month started being due in full. Furthermore, any invoice remaining unpaid after a first written reminder sent to the buyer will be automatically be increased by 9% with a minimum of € 50 as stipulated in the penalty clause to repair the damage caused to the seller for the inconvenience caused. Even if a partial payment is overdue, the conditions granted for all deliveries will be retracted and all amounts will be due immediately. When the buyer uses in an unjustified manner his right for a refund under articles 38 and 39 of the act of 10 December 2009 on payment services, the seller has the right to claim – in addition to damages as provided below – the repayment of all expenses incurred by him following the unjustified use of reimbursement of law made by the buyer. Buyer must verify the correct application of tariffs or rebates before any payment of invoice. Any protest after the payment of the invoice will not be taken into consideration. All taxes or any duties established or to be established by the Belgian government or other competent authority shall be borne by the buyer. Acceptance or payment of an invoice implies acceptance of the seller’s conditions of sale, also for future sales.
8. The risks related to the goods are transferred to the purchaser at the latest at delivery, without damage to the application of section 1138 al. 2 of the civil code. However, the goods remain the exclusive property of the seller until full payment of the invoice and any default interest or other compensation payable by the buyer. Upon sale of goods to a third party before full payment by the purchaser, the latter undertakes to inform the third party of the seller’s right and notify the seller of the sale so that he can preserve his rights and, if necessary, exercise in respect to a third party claim on the resale price. This sale is subject to Belgian law. Any dispute will fall under the Brussels court of law, 4th district. Nevertheless, in the event of any dispute between the vendor and a consumer within the act of 6 April 2010 on market practices and consumer protection, the seller shall be taken before the courts of Brussels, 4th district. The consumer may be sued, at the option of the seller, before one of the judges appointed by article 624, 1, 2 and 4 of the judicial code.