General conditions of sale

Correspondence must be addressed to the head office. The goods must be taken away from or delivered to the factory address.

The quality and weight of the goods are guaranteed ex our warehouses. Any complaint concerning our supplies that is not formulated in writing inside the week following the receipt of the goods shall be null and void. Furthermore, the buyer is under the obligation to take all the steps that are necessary in order to render possible our counter-checking. We refuse to accept responsibility in relation to any occurrences and damages that could result from the utilising or industrial bringing into use of our products as well as from the failure by users of our products to observe relevant standards and local rules and regulations. Whatever the cause of the complaint, our guarantee is limited, at our discretion, to a free of charge replacement or the repayment of the price of the goods recognised to be faulty or short of the relevant standard, excluding any damage.

As a general rule, delivery times are given by ourselves by way of indication only and cannot be invoked by a client as grounds for compensation of any kind. Delivery dates are guaranteed only when this is specifically stipulated in our confirmation of order. Whenever our company guarantees a delivery date, we cannot be held responsible for events of force majeure or delays due to strike action.

Our goods travel at buyer’s risk, even when the transport charges are for our account. The buyer is obliged to check the goods when they arrive and to directly inform the carrier of any damage or shortage whatsoever that occurred when the goods were on their way. One hour is included for the delivery of our goods. Each additional hour is invoiced at 65 €.

To the extent any incident or circumstance beyond DEQUACHIM’s control (including natural occurrences, war, strikes, lock-outs, shortages of raw materials and energy, obstruction of transportation, breakdown of manufacturing equipment, fire, explosion, acts of government) reduces the availability of goods from the plant from which DEQUACHIM receives the goods such that DEQUACHIM cannot fulfill its obligations under this contract (taking into account on a pro rata basis other internal and external supply obligations), DEQUACHIM shall be relieved from his obligations under this contract to the extent DEQUACHIM is prevented from performing such obligations and have no obligation to procure goods from other sources. The first sentence does also apply to the extent such incident or circumstance renders the contractual performance commercially useless for DEQUACHIM over a long period or occurs with suppliers of DEQUACHIM. If the aforementioned occurrences last for a period of more than 3 months, DEQUACHIM is entitled to withdraw from the contract without the Buyer having any right to compensation.

Our invoices are payable on the date indicated. All invoices not paid on this date, will lead to the client being invoiced, automatically and without notice, with the payment of interest with a rate based on 12 % per year and with a fixed compensatory amount equivalent to 15 % of the invoice with a minimum of 50 €.

The goods delivered remain the property of the vendor until complete payment by the buyer of the amount owed to the vendor, even if the goods have been converted or processed. However the risks of loss and destruction, both total and partial, lie fully with the buyer as from the delivery.

The present conditions of sale shall have precedence, unless otherwise agreed in advance in writing, over all other general conditions of purchase of our clients.

Belgian law shall apply to, and govern, all our sales, even where the buyer is established in another country than Belgium. In the case of any dispute whatsoever, only the courts of Mons, shall be able and competent to decide the matter. None the less, we reserve the right to refer the dispute, if any, to the courts of the place where the buyer is domiciled.

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