General Conditions of Sales Business Concepts
The general conditions of sale apply to all agreements between Business Concepts and its customers. Specific terms and conditions which are in conflict with these general conditions are binding on Business Concepts only if expressly agreed to in writing. These general conditions are considered to be accepted by the customer even if they are in conflict with the customer’s own general or specific terms and conditions. Such conditions are binding on Business Concepts only if we expressly agree to them in writing.
1. Price lists, quotations, purchase orders
All Business Concepts quotations and price lists are for information purposes only and are not binding on us. Business Concepts reserves itself the right to change the prices without notice. Purchase orders are binding on the customer. They are binding on Business Concepts only after our acceptance by a written order confirmation.
2. Contractual obligations
Our intermediaries, sales representatives, agents and employees have no right to bind Business Concepts contractually. Purchase orders or commands taken by them are binding on Noble Concept Design only after written confirmation by an authorised representative.
3. Delivery dates
Delivery dates are for information purposes only and are therefore not binding upon us. Unless if expressly agreed otherwise in writing, the failure to respect the delivery date shall not entitle the customer to any fine, indemnity or annulment of the purchase orders. The customer shall accept partial deliveries, which represent partial sales. A partial delivery does not entitle the customer to refuse payment of the delivered products.
4. Price and payment
Our prices are EXW. Unless if agreed otherwise, transport costs are borne by the customer.
Unless if expressly agreed otherwise in writing, our invoices are due and payable at our head office, on invoice Due date on our bank account. Any amount which remains unpaid at the expiry date shall automatically and without notice be subject to a late payment interest in accordance with Article 5 of the Belgian Act of 2 August 2002 against late payment in commercial transaction. In addition, an amount of 12% of the invoiced amount will be due, with a minimum of EUR 50 to compensate for the nuisance and the administrative costs Business Concepts incurred to collect the payment.
If the creditworthiness of the customer is subject to judicial action, or if other identifiable events make that the correct implementation by the customer of his obligations is doubtful or impossible, Business Concepts has a right to demand appropriate guarantees from the customer. If and as long as the customer does not provide such guarantees, Business Concepts is entitled to annul the purchase order in whole or in part.
In case of annulment of the purchase by the customer, the customer shall pay Business Concepts an indemnity amounting to 30% of the full price of the products ordered, provided that Business Concepts has a right to prove that the damage it actually incurred is higher.
5. Passing of title and risk
Title to the products shall pass from Business Concepts to the customer only when Business Concepts received payment in full (price, interests, costs and possibly indemnities).
In the absence of a written agreement on the delivery terms, the risk for loss or damage of the products shall pass to the Customer from the moment that the products leave our warehouse.
6. Acceptance and claims
Claims regarding our invoices must be communicated to us by registered mail within 10 says following receipt of the invoice concerned. If a customer fails to submit a claim within this period, he is deemed to have accepted the invoice.
Claims for visible defects, non-conformity in quality or quantity with the purchase order must be communicated to us by registered mail within 10 days following receipt of the products and with reference to the invoice number or the delivery note. If the customer fails to submit a complaint within this period, he is deemed to have accepted the products in the condition in which they have been delivered and the complaint will no longer be taken into consideration.
The customer is not entitled to suspend or delay payments in case of claims.
The customer is only entitled to return products after our prior written agreements. Only undamaged goods in their original packaging can be returned.
7. Hidden defects
Claims for hidden defects which are not a consequence of force majeure or cannot be attributed to the intervention of the customer or a third party or to normal wear and tear must be communicated to us by registered mail within 10 days after the discovery of the hidden defect and in any case within 1 year of the delivery of the products. If the hidden defect is covered by this provision, Business Concepts commits itself to replace or repair the products.
8. Governing law and jurisdiction
This agreement shall be governed by the laws of Belgium.
The customer agrees to submit all disputes with Business Concepts to the exclusive jurisdiction of the competent courts of Courtrai (Belgium). Business Concepts can decide to introduce proceedings before any other competent court in Belgium or abroad.