Unless otherwise stipulated in writing, all of our sales shall be deemed to have been made in accordance with our standard terms of sale indicated below:
1. All of the products are sold, accepted and approved ex works before loading or shall be deemed as such. We do not accept other conditions, including those contained on our clients’ order forms. No complaint will be accepted after loading and the merchandise travels at the recipient’s risk. These conditions shall continue to apply, even if the supplies are delivered carriage free to the destination.
2. We shall be entitled to rely on all situations of force majeure, such as: interruption to navigation, accidents, partial or complete strikes, lock-outs, riots, disasters, restrictions or obstacles pursuant to laws or decrees, in general, and any and all causes that could adversely affect or prevent the normal conduct of business. Said situations shall release us from any obligation whatsoever; shall justify the cancellation of the sale or the restriction of supplies or the postponement of delivery times, to be decided by us and without compensation. These situations cannot give rise to the cancellation of the sale by the client.
3. For supplies delivered carriage free, we shall unload the merchandise at the destination, at the buyers’ expense
4. Even while an order is in the process of being filled we shall be entitled, without prior notice, to cancel the order and consider the order as having been filled, if the buyer does not take acceptance of the merchandise within the stipulated time limit, if it neglects to make the payments by the required dates, if it refuses to give the guaranties that we may at any time ask of it for the due performance of its commitments or if, without our prior consent, it assigns an order to a third-party and, in general, if it fails to perform each and every one of its commitments. This right shall be kept by us, without waiver of our rights to compensation and any and all amounts still due shall become immediately payable.
5. Invoices are payable in cash in our offices in Chaineux, or elsewhere, if stipulated in specific agreements. We reserve the right to dispose of, to have accepted our drafts, without, in this case, derogating from the stipulation of the place of payment. Payment due dates are calculated by taking the dispatch date as the starting date, even if the supplies are delivered carriage free. Complaints, even if justified, shall not eliminate the payment obligation. Invoices not paid on time shall, as a matter of law, accrue contractual interest of 12% a year. If payment is not made within ten days of any notice to remedy, the amount shall be contractually increased by a lump-sum compensation of 15 % as damages, and a minimum of EUR 40.
6. Agents and representatives are not entitled to collect the amount of the invoices and we only recognise as receipts those bearing our signature.
7. Any and all disputes concerning the sale shall be referred to the courts of Verviers, which the parties, to the extent necessary, choose as their address for notifications.