GENERAL CONTRACTUAL CONDITIONS
- These conditions form an integral part of all contracts entered into by BTS. Deviations from these conditions are only possible in writing. These conditions apply to the exclusion of all general conditions stated in the outgoing documents of the customer, insofar as such conditions conflict with the present provisions.
- Order forms and price quotes are based on the wage levels and the cost of materials used. Should any of these change, we reserve the right to modify the prices proportionally. Price quotes are issued without any obligation. The contract is only deemed to have come into force after confirmation of the order has been issued by BTS.
- In the event of cancellation of the order by the customer, or of dissolution of the contract to the detriment of the customer, the customer shall pay a fixed amount of damages amounting to 20% of the order value, without prejudice to the right of BTS to claim compensation for the damages actually suffered and for the loss of profit if those exceed the fixed amount of damages.
- Delivery periods are only approximations and are therefore not binding. Delivery delay does not entitle the customer to claim compensation or to dissolve the contract. In any case, the customer shall allow BTS an additional period of 30 days after the final delivery date stated in the contract, and this after issuing formal notice.
The goods are to be accepted by the customer within eight days of the goods being made available to them. Should the customer fail to do so, they will be invoiced by BTS for the goods and shall be due to pay the price of the goods. - If BTS is unable to honour the contract due to force majeure, strikes, lock-out and such like, BTS retains the right to terminate the contract without the customer being entitled to claim damages. In case of non-delivery or late delivery attributable to non-delivery or late delivery by our supplier, the customer shall refrain from any legal recourse against BTS. This constitutes a case of force majeure within the contract between the parties, in addition to any usual case of force majeure.
- We reserve the right to terminate the contract ipso jure and without prior notice in case of bankruptcy, apparent insolvability, consent to judicial reorganization, or in case of any change in the legal situation of the customer.
- The goods are transported at the customer’s risk. The loading of goods by the customer constitutes acceptance and covers the conformity of the goods’ quality, quantity and dimensions. If the products are loaded by an intermediary, then this intermediary is always deemed to be a mandatary of the customer.
Any complaint concerning hidden defects in goods or services must be reported to BTS tank solutions by registered mail within two days after the receipt of the goods or services, under penalty of forfeiture.
The period for instigating legal proceedings due to hidden defects in goods and/or services is limited to 6 months after the delivery.
The liability of BTS tank solutions is in every case limited to the costless replacement of the goods or service. The customer will not be able to claim any other form of compensation. - All goods delivered to the customer shall remain the property of BTS until the customer settles all outstanding invoices. In case of non-payment and after issuing notice, BTW is entitled to retrieve the goods from the customer, even after the said customer has paid part of the amount due. If the customer refuses access for the retrieval of the goods, the customer shall owe BTS a penalty fee amounting to 250 euros per day.
The customer is not entitled to offer the delivered goods to third parties as collateral, to transfer ownership of the goods or to render the goods immovable by incorporation into or mixing with other products, until all invoices for the delivered products have been settled. - Unless otherwise agreed or expressly stipulated on the invoice, the deliveries are to be paid in cash at our head office in Dottenijs.
Payment by bill of exchange does not modify the place of payment, and will not be regarded as substitution of one debt for another. - Objections concerning the invoice must be submitted in writing within eight days of the invoice date. The customer is asked to state in every case the invoice date and number.
- Every amount remaining unpaid on its due date shall generate interest ipso jure and without prior notice at the statutory rate applicable in cases of late payment in commercial transactions, also after the customer accepts a repayment plan or extension of payment period.
Furthermore, every amount remaining unpaid on its due date shall be increased, ipso jure and without prior notice, by 12% of the principle sum due by way of damages, with a minimum amount of 125 EUROS, also after the customer accepts a repayment plan or extension of payment period.
Expenses incurred due to unpaid bills of exchange or cheques, or other collection costs are not included in these fixed damages and shall be invoiced to the customer separately. - The non-payment of (part of) the invoice or of part of the contract on the due date renders the balance of all accounts, including bills of exchange, immediately due and payable.
In addition, we reserve the right to suspend further deliveries.
At the same time, we reserve the right to consider the contract as terminated in full or for the part not yet executed, this ipso jure and without prior notice. All this without prejudice to the payment of damages by the customer in default. - All our contracts are subject to Belgian law. All disputes shall be settled exclusively by the competent court of KORTRIJK.