Algemene Verkoopsvoorwaarden

All contracts concluded by our company are subject to the following terms and conditions, which take precedence over any of the customer's own terms and conditions of purchase.

2. The seller has the right to accept or refuse any order without giving any reason. The seller has the right to offer a similar product without any possibility of compensation on the part of the purchaser.

The seller always gives an approximate delivery time. If this period is exceeded, the customer does not have the right to cancel the order, or to demand interest or compensation of any kind.

Prices are deemed to be established on the basis of salaries, charges and product prices at the time of the current offer. They will be subject to any proportional increase or decrease.

5. Unless otherwise agreed, we therefore reserve the right to apply new prices at any time, resulting from changes in factory prices, customs duties, exchange rates, transport prices, social laws or any other cause that may affect the cost price, to parts of the services still to be supplied. The prices given in our catalogues are for information purposes only and are not binding on us.

If the purchaser fails to fulfil his obligations, the seller reserves the right to terminate the contract and to claim any compensation for breach of contract. This compensation has been set at a flat rate of 35% of the amount due for sales.

Any cancellation of an order to our company must be made in writing and is only valid subject to written acceptance by the seller.

In the event of cancellation, the customer will be liable to pay a flat-rate compensation of 25% of the value of the order. This compensation covers loss of earnings and fixed costs.

9. Any case of force majeure relieves us of all liability and authorises us to cancel any contract. For the purposes of interpreting this clause, force majeure shall mean any unforeseen event that prevents the normal commencement or continued performance of contracts. The same cases of force majeure cannot lead to the cancellation of the contract on the part of the purchaser and do not give him the right to find an alternative elsewhere at our expense.

Invoices expire on the due date without prior notice of default. In the event of late payment, damages of 20% of the invoice amount shall be due ipso jure and without notice of default, with a minimum of €75, to cover the resulting administrative costs, even if a bill of exchange has been accepted. It is agreed between the buyer and VINALFOOD that the delivered goods remain the property of VINALFOOD until the full payment of the goods and services due by the buyer. The products cannot be sold or diverted as long as the payment has not been made. In any case, the payment remains due to Wommelgem. If an invoice is not paid on the due date, all amounts still owed become immediately payable, regardless of the method of payment authorised. Interest on late payment will be 2% above the official interest rate of the National Bank of Belgium and will be calculated per day of delay from the date of the invoice.

Any natural or legal person who places orders on behalf of third parties or with the request to invoice third parties shall act as guarantor for these third parties in accordance with Article 1120 of the Dutch Civil Code and shall be personally liable for payment.

A one-year guarantee applies to the equipment, unless the manufacturer provides for a longer period. This guarantee covers manufacturing and construction defects. Problems resulting from faults in the water or electricity supply or from limescale deposits are not covered by the guarantee. The customer must take precautions against limescale deposits. Damages cannot be claimed under the guarantee.

Any complaints must be notified to us in writing and in detail, by registered post WITHIN EIGHT (8) DAYS OF DELIVERY. After this period, deliveries and prices will be considered definitively accepted. In the event of manufacturing defects, our liability is limited exclusively to the factory warranty. Any protest against the invoice must also be made in writing within 8 days of the invoice date, failing which the invoice shall be deemed to have been unconditionally accepted.

If financing or leasing is requested for the order, refusal by the financial institution shall not constitute grounds for cancellation of the order.

Goods travel at the buyer's risk, even in the case of carriage paid delivery.

In the event of a dispute, only the courts of the district of Antwerp have jurisdiction. Belgian law is applicable.

If, for any reason whatsoever, any clause of the general terms and conditions should be declared null and void, the other clauses shall remain in full force and effect.

This text was translated into English for information purposes.  The applicable legal texts are those in the Dutch and French languages.