General terms and conditions

These general terms and conditions apply to every agreement concluded with

Biervliet Voeders BV
Wagenmakerijstraat 34
8600 Diksmuide
Belgium
BE0419987234.

These conditions apply, unless expressly agreed otherwise in writing. Prior to the conclusion of the agreement, the customer acknowledges having received notice of these conditions and accepts them. The contracting parties accept that, in the event of a conflict between these conditions and the conditions of the contracting party of Biervliet Voeders BV, the present conditions shall prevail and apply.

Sales

By placing an order, the customer/buyer of goods from Biervliet Voeders BV acknowledges having received notice of these conditions and accepts their application.
Quotations from Biervliet Voeders BV have a limited validity period of 14 calendar days, unless otherwise specified. De Biervliet Voeders BV reserves the right to apply a price revision during the validity period of the quotation in the event of a change in raw material prices. Every price quotation is binding only with regard to its subject matter.
Images, specifications of dimensions, weights, etc., provided/indicated by Biervliet Voeders BV in catalogues or other media, are not binding and are intended solely to provide an idea of the offered item. The customer accepts that deviations of any kind are possible. These deviations do not entitle the buyer to refuse delivery of goods, to withhold payment, nor do they entitle the buyer to compensation or dissolution of the agreement. The sending of catalogues, other media, and/or price lists does not oblige the seller to deliver.
Delivery of the goods takes place at the registered office of Biervliet Voeders BV, or in its warehouses where the goods are located, at the moment the goods are made available to the buyer there. Unless otherwise agreed in writing, the indicated delivery times are not binding on the seller and are merely indicative. Expressly agreed delivery periods are always expressed in working days, with the delivery period commencing on the first working day following receipt of acceptance of the quotation. If the delivery period cannot be met, the seller has the right to an extension of the period not exceeding the initially foreseen delivery period. This is without any right to compensation on the part of the buyer, nor any right to dissolve the agreement on the part of the seller. If orders cannot be delivered in full, the undelivered items will be subsequently delivered. Late delivery never entitles the buyer to compensation or dissolution of the agreement. The costs of delivery to an address other than the registered office of Biervliet Voeders BV, or to its warehouses, shall always be borne by the buyer, unless expressly agreed otherwise. The seller reserves the right at all times to deliver ordered goods – without giving reasons – COD (cash on delivery) or to require payment before shipment. Any collection costs arising therefrom shall be borne by the buyer. In the event of delivery to an address other than the registered office of Biervliet Voeders BV and/or its warehouses, the transport of the goods shall always be at the buyer's risk, even if delivery free of charge was agreed. Biervliet Voeders BV has the right to refuse delivery of goods to the customer in the event of previously overdue and unpaid invoices owed by the customer, in the event of bankruptcy, admission to the WCO procedure, or a general state of insolvency. In this case, Biervliet Voeders BV is entitled to first demand full and complete payment from the customer before proceeding with the delivery of the goods. To the extent that the customer is unable to make this payment, Biervliet Voeders BV is entitled to dissolve the agreement to the detriment of the buyer, who shall consequently be liable for compensating Biervliet Voeders BV for damages, as stipulated hereinafter under Article 8.
The buyer is obliged to inspect the goods for their conformity upon delivery. Any complaint regarding quality, quantities, weight, and content and/or non-conformity must be formulated in writing within 5 working days after delivery, failing which the buyer is deemed to have accepted the goods. Complaints regarding hidden defects must be reported to the seller in writing within 5 working days after discovery of the defect, failing which they will be inadmissible. De Biervliet Voeders BV is not liable for hidden defects of which it was unaware prior to delivery. The buyer expressly waives any possible recourse regarding visible and/or hidden defects if the goods have been treated, processed, or resold after delivery. In the event that the seller deems the complaint justified, he has the right, at his option, either to take back the defective goods and replace them with similar goods, or to credit the buyer for the invoice value of the defective goods without being liable for further compensation. In any event, the liability of De Biervliet Voeders BV is limited, at its discretion, to replacement of the goods at the price at which they were sold, or to a refund of the price paid. Consequential damage and damage of any other nature are excluded. Returns will not be accepted unless with the written consent of the seller. This consent and the receipt of the return shipment never constitute an admission of liability on the part of Biervliet Voeders BV. In any case, the return is at the expense and risk of the buyer. A complaint, even if justified, does not in any case authorize the buyer to refuse the further performance of his obligations, such as the obligation to pay the amount of the outstanding invoices.
The invoices are payable in cash at the registered office of Biervliet Voeders BV unless otherwise agreed in writing. Any amount remaining unpaid on the due date shall automatically accrue interest at a rate of 10% per year without prior notice of default. In the event of non-payment on the due date, a fixed compensation of 10% of the outstanding invoice amount shall automatically be due, with a minimum of € 75.00; this is without prejudice to the right of Biervliet Voeders BV to claim the actual damages suffered by it. In the event of non-payment on the due date of one invoice, any payment deferral on other invoices from the same customer shall automatically lapse without notice, and all outstanding invoices shall become immediately due and payable.
To the extent that the buyer refuses to take delivery of the goods following In the event of the delivery, in the event of general insolvency, bankruptcy, or admission under the Insolvency Act (WCO) on the part of the buyer, in the event of non-payment of the advance payment or of overdue invoices following a formal notice, or due to any other breach of contract by the customer regarding its obligations, the seller shall automatically have the right to suspend the performance of any obligation for its account, without any liability on the part of the seller for the consequences thereof. Alternatively, at the option of Biervliet Voeders BV, to automatically terminate the agreement concluded with the customer to the detriment of the customer, and without any right to compensation on the part of the customer. It suffices that the seller communicates its express intention to this effect to the customer. In the event of dissolution of the agreement at the customer's expense, a fixed compensation shall be due from the customer, calculated at 10% of the outstanding invoices, plus 10% of the sales value of the goods that are the subject of the unexecuted part of the agreement. Any amount remaining unpaid on the due date shall automatically accrue interest at a rate of 10% per year, without prior notice of default.
Force majeure on the part of Biervliet Voeders BV and/or its suppliers shall suspend the execution of the agreement, without the buyer having the right to compensation.
The goods shall remain the property of Biervliet Voeders BV until full payment of the price and any associated charges by the buyer, even if the goods have already been delivered to the customer. In the latter case, the buyer grants the seller the right to access the buyer's premises and buildings, without prior notice, for the purpose of repossessing the goods from Biervliet Voeders BV.
Biervliet Voeders BV has the right to invoice the buyer for an advance payment in connection with an order. A prior agreement regarding This advance payment, or prior consent from the buyer to invoice an advance payment, is not required.
In the event of a dispute regarding the formation, execution, and interpretation of this agreement, only the Courts of Belgium of the district of West Flanders, according to the registered office of Biervliet Voeders BV, shall have jurisdiction. Unless the seller chooses to bring the matter before the Court of the buyer's place of residence. The parties expressly agree that this agreement is subject to Belgian law and that the proceedings shall be conducted in accordance with Belgian language legislation.

Purchase

The seller of goods to Biervliet Voeders BV acknowledges, as a result of placing an order by the latter, having received notice of these conditions and accepting their application.
Price changes during the validity period of the quotation addressed to Biervliet Voeders BV are not permitted.
Every delivery of goods to Biervliet Voeders BV takes place at the registered office of Biervliet Voeders BV, or at the address of its warehouses as indicated by Biervliet Voeders BV, and within the delivery period as stipulated by Biervliet Voeders BV. In the event of exceeding the foreseen delivery period by more than 7 calendar days, Biervliet Voeders BV has the right to withdraw from the agreement, in which case it shall notify the seller of its intention to terminate the agreement in writing; this without any right to compensation on the part of the seller.
The receipt of the goods by Biervliet Voeders BV is subject to its acceptance. Biervliet Voeders BV undertakes to notify the seller in writing of any lack of conformity and/or quality of the goods within 5 working days. The seller shall remedy the alleged defects within 5 working days from the dispatch of the complaint until an on-site inspection at Biervliet Voeders BV. Failing this, the seller accepts the validity of the complaint by Biervliet Voeders BV and acknowledges the correctness of the findings made by Biervliet Voeders BV. In the event that the complaint is valid, the costs associated with storage by Biervliet Voeders BV, from the date of receipt until the date of collection of goods, shall be for the account of the seller, as well as the costs of collection. The collection of the goods by the seller must in any event take place no later than 15 working days after the date of receipt at Biervliet Voeders BV; failing this, Biervliet Voeders BV is entitled to destroy the goods at the expense of the seller, after the latter has been requested to collect them. In the event of a defect in conformity/quality of the delivered goods, and provided that the seller has been notified thereof in writing, Biervliet Voeders BV is entitled to suspend all its obligations (including those relating to payment), without the seller being able to claim compensation for damages. This is without prejudice to the right of Biervliet Voeders BV to determine the termination of the agreement by the seller; and without prejudice to the right to compensation for the damage suffered by Biervliet Voeders BV, assessed on a flat-rate basis at 10% of the sales value of the goods to Biervliet Voeders BV, and without prejudice to its right to claim the actual damage suffered, including indirect and consequential damage.
In the event of a dispute regarding the formation, execution, and interpretation of this agreement, only the Courts of Belgium of the district of West Flanders, according to the registered office of Biervliet Voeders BV, shall have jurisdiction. Unless the seller chooses to bring the matter before the Court of the buyer's place of residence. The parties expressly agree that this agreement is subject to Belgian law and that the proceedings shall be conducted in accordance with Belgian language legislation. The compensation for damage caused by the non-performance of a contractual obligation by Biervliet Voeders BV or its agents, subject to these terms and conditions, shall be governed exclusively by the rules of contract law, even if the event giving rise to the damage also constitutes a tort. Consequently, the Client accepts that it will not institute any claim arising from or related to quotations, orders, and agreements issued by Biervliet Voeders BV, on contractual, non-contractual, or any other grounds, against any of the employees, directors, or independent subcontractors engaged by Biervliet Voeders BV. The above limitation shall not apply in the event that (i) the fault affects the life or physical integrity of the person or (ii) the liability is the result of a fault committed with the intent to cause damage. In the event that any provision in this article is found by a competent court to be invalid, unlawful or unenforceable, that provision shall be deemed void without affecting the validity, legality or enforceability of the remaining provisions in this article. The Parties undertake to negotiate in good faith, in such case, a valid substitute provision that approximates, as far as possible, the original purpose and commercial intent of the void provision.