Verkaufsbedingungen

1. Unless otherwise agreed in writing and expressly accepted by the Vendor, these general conditions only shall apply, in which case the existing conditions shall continue to apply in a secondary manner.

2. The tenders do not entail any legal obligation or commitment, in the sense that the agreement subsists only after acceptance by Vendor of the placed order. The obligations accepted by our representatives are subject to prior written confirmation by N.V. B.M.L.E. The goods are invoiced at the price in force on the date of delivery. The application of the agreement and the due price may be adjusted in case of unforeseen circumstances (“force majeure”).

3. Force Majeure: The parties shall not be liable for any failure to perform or delay in the performance of their obligations if this is due to force majeure. Force majeure is defined as any event beyond the reasonable control of the party concerned, including (but not limited to) war, terrorism, fire, flooding, storm, pandemic/epidemic, government measures, strikes (including those affecting suppliers or carriers), disruptions to energy supplies, shortages of raw materials or supplies, disruptions in the supply chain, transport or customs issues, embargoes/sanctions, and serious IT or cyber incidents. In the event of force majeure, the obligations of the affected party shall be suspended for the duration of the force majeure and agreed deadlines (including delivery deadlines) shall be extended by operation of law, without any compensation. The affected party shall notify the other party as soon as reasonably possible and shall make reasonable efforts to mitigate the consequences. If the force majeure persists for longer than 30 days, either party shall be entitled to terminate the agreement in whole or in part without compensation. Goods/services already delivered remain due and payable. If a force majeure situation or serious disruption in the supply chain occurs between the date of the quotation and its acceptance, N.V. B.M.L.E. reserves the right to withdraw the quotation or to amend the terms and conditions (including price and delivery time).

4. The sale price covers exclusively transport costs, insurance costs, import and export duties and charges, installation and assembly costs and the like. Prices may be adjusted retrospectively in case of increase of the rate of VAT or other taxes, increases of social security contributions, prices of raw materials, energy costs, currency exchange rate fluctuations and the like.

5. The signatory of the order form is assumed to have the authority to place orders.

6. Invoices are payable, in cash, at the head office of N.V. B.M.L.E. Late payment renders the Purchaser automatically liable to the payment of a standard of 6% every month, unless the legally enforceable interest is higher, plus a lump-sum compensation of 10%, that is to say, without service of formal notice of default. The buyer does not have the right to postpone a payment of goods when lodging a complaint. Late payment by the Purchaser of any one invoice entitles the Vendor to demand payment in respect of any and all other invoices, whether or not due and payable. In this case the Vendor is within his rights to suspend the execution of the current contracts without service of formal notice of default. All costs entailed in reminders and collection shall be charged to the client.

7. The goods remain the property of the Vendor until such time as the Purchaser effects full payment of the purchase price. If the Purchaser neglects to honour his contractual obligations, the Vendor has the right to declare the sale null and void by registered letter to that effect.

8. The goods are shipped at the risk of the consignee, regardless of the terms and conditions of shipment and the method of shipment. Freight costs in respect of any order less than € 300,00 shall be charged and invoiced to the Purchaser.

9. The delivery dates are given for guidance only and may in no case be cited in support of any claim for compensation.

10. In case of off-specification, “light” or otherwise imperfect delivery, only the goods in question shall be replaced, this to the exclusion of any rights to additional compensation. The obligation to replacement is adjudged in the context of common law. Subsequent (third-party) damage is thereby excluded.

11. If a placed order is cancelled, the Vendor is entitled to 25% of the net amount by way of compensation for inconvenience and for loss of earnings, this without prejudice to his claims with regard to execution of the contract and further damages.

12. Orders for printed labels or printed cash register rolls are subject to a delivery time of 8 to 10 weeks and may in no case be cancelled or refused. Printed matter is subject to a margin of 20% (50% for small quantities) for total numbers. Printed matter formats are subject to a tolerance limit of 1%. When cancelling an order, all costs of printing plates are to be paid completely by the customer.

13. Invoices not contested within one week shall be deemed to be accepted. The conformity of the delivery with the order must be checked upon acceptance.

14. Guarantee: our new machines and equipment allow us to offer a guarantee against internal defects and construction errors for a period of six months after the invoice date. The guarantee is forfeited in case of abnormal use, poor maintenance, alteration of the goods by the Purchaser, or disassembly (“stripping”) or repair by a non-qualified person.

15. All cases of dispute issuing from the application of agreements with the Vendor shall be referred for settlement to the Courts of Law of Hasselt, or the local law courts of the Purchaser, whichever the Vendor may prefer. This likewise applies in respect of agreements with subjects of E.E.C. law, this in compliance with the E.EC Treaty of 27.09.1968.