Sales conditions

1. All our offers are without commitment.

2. Verbal offers will only be binding for Decomecc after a written confirmation. Sizes and dimensions given to us over the phone, will require written confirmation within 24 hours. Works and dimensions not explicitly specified on the offer or on the order confirmation will be charged extra.

3. Works carried out outside normal working hours will be charged to the buyer.

4. All taxes freight and other expenses will always be chargeable to the buyer.

5. As far as no prior agreement exists between parties about price and quantity, the goods will be invoiced at the prices valid at the moment of delivery. Pricelists are available purely for information and do not entail any obligation whatsoever on our part.

6. Orders are accepted under reservation of all cases of Act of God. We consider the following events to be cases of Act of God: total or partials strikes, lock-outs, accidents, lack of transportation, wars, mobilization, illness of our staff. This list is unrestricted. The unexpected expenses caused of Act of God, as described above, will be chargeable to the buyer.

7. Our responsibility, in the event of faulty processing, is restricted to the value of the delivered product and to the earliest possible delivery of new product. Faulty processed products are to be returned to Decomecc, in the case of commissioned finishing of material, our responsibility in the event of faulty processing is restricted to the value of the commissioned work and to the earliest possible processing of new bobbins supplied by the customer.

8. The delivery dates and terms are quoted purely for information. The non-respect of a delivery date will under no circumstances commit Decomecc’s responsibility nor will it allow for compensations of cancellations. We shall however do everything possible to respect the terms of delivery quoted on the order confirmations.

9. Our invoices are payable in Euro.

10. Unless otherwise stated and accepted by Decomecc all our invoices are due at thirty days end of the month. Disputes or complains, although justified, will not suspend the obligation to pay.

11. Any amount unpaid on the due date shall automatically and without prior notice attract interest at a rate 2% above the Belgian legal interest rate with a minor interest of 12%.

12. Decomecc reserves the right to increase by 10% the amount of any invoice unpaid on the due date. The minimum amount of any such increase shall be 50 Euro and the maximum will be 2000 Euro. This increase will be payable without any prior notice.

13. Should an invoice remain unpaid on the due date, all invoices shall immediately become due for payment, regardless of their original date of maturity.

14. Should the buyer fail to honour his engagements, Decomecc may consider the contract cancelled and a letter send by recorded delivery by Decomecc to the buyer shall be evidence of Decomecc’s exercise of this right. Such action shall not in any way limit or prejudice Decomecc’s exercise of this right. Such action shall not in any way limit or prejudice Decomecc’s other rights.

15. The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill of exchange or by any other arrangement, nor shall any such act constitute a novation.

16. If in the opinion of Decomecc there is a deterioration in the creditworthiness of the buyer on account of measures of judicial execution against the buyer and/or other negative demonstrable events, Decomecc reserves the right to suspend all or part of any contracts in operation and to ask the buyer to provide such guarantees as Decomecc may deem proper to ensure the full performance by the buyer of his engagements under the contract. Such request may be made before or after the delivery of all part or any order. Should the buyer fail to meet any reasonable demand for such a guarantee, Decomecc shall have the right to cancel all or part of any contracts in operation. Such action shall not in any way limit or prejudice Decomecc’s other rights for damages and interests.

17. It is expressly agreed between the parties that all goods belonging to the customer which shall at any time be in the warehouses or workshops of Decomecc, shall be subject to a lien in the favour of Decomecc to guarantee the payment of the charges of Decomecc for the transformation of the customer’s goods, including any goods which may already have been returned to the customer. Goods which are subsequently delivered to Decomecc by the customer for transformation shall be deemed to replace goods already transformed and delivered to the customer. All goods delivered to Decomecc by the customer for transformation shall deemed to constitute and indivisible whole notwithstanding the fact that the good may be transformed in successive batches.

18. Transportation of the products will be at the responsibility of the buyer.

19. In order to valid, complaints must be filled within five days after receipt of the goods.

20. Disputes arising out of this contract, shall be referred to the Court of Tongeren or at Decomecc’s discretion, to the Courts having jurisdiction at the buyer’s domicile.

21. We do not assume any responsibility in case of white rust caused by lorries leaving our warehouses without canvas.

22. Above General Terms of Sale are considered to be accepted by the customer, although they are conflicting with their own general of specific trading terms. Decomec will not be committed by latter trading terms unless they have been explicitly accepted by us. The mere fact that we do not reject them, can under no circumstances to be regarded to be a tacit agreement.
Sales Conditions_version 2020/05/01