§1 Unless otherwise agreed in writing, the following conditions of sale apply to all our commercial transactions.
§2 Unless otherwise specified, our prices are exclusive of VAT, taxes, packaging, moving and transport costs.
§3 The stated delivery times are given for information only. The agreement shall on no account be cancelled if the specified delivery time is exceeded, except in case of intent or serious negligence on the part of the seller. Furthermore, delays or non-delivery shall not entitle the buyer to claim damages. However, the buyer will be informed as soon as possible of any delay in the execution that comes to the seller’s knowledge.
Changes in the order automatically invalidate the specified expected delivery times.
§4 Any changes during the execution time in the regime of import duties or taxes that was in place at the time when the contract was concluded are at the expense or for the benefit of the customer, as the case may be.
§5 The goods shall be accepted by the buyer when they leave the warehouse in OUDENAARDE, if they are collected by the buyer personally, or by a third party appointed by the buyer. Any costs connected with taking delivery of the goods are the responsibility of the buyer. The goods are shipped ex works and always travel at the buyer’s risk and responsibility, even if we take care of delivery by our own means and at our own expense.
§6 Return shipments of goods and packaging are at the expense of the customer. Only goods that are undamaged and with product labels that are still intact will be accepted, and only by mutual agreement between the parties. Return shipments that are not accompanied by a clear packing list will not be accepted.
§7 Complaints about visible defects must be made in writing by letter or e-mail within eight days. Return shipments must also be made within eight days, unless the reason is a hidden defect that existed at
the time of delivery and insofar as the defect renders the goods unfit for their intended use, or significantly limits their use.
§8 Unless otherwise agreed in writing, our invoices are payable by bank transfer within thirty days after invoice date. Any delay in payment renders the buyer liable as of right and without notice of default for interest at 10% of the invoice amount, with a minimum of €50, accruing from the 31st day after the invoice date. This default interest serves solely to cover the costs arising from non-payment on the due date.
§9 The seller expressly reserves the right to use and demand the euro as invoice and payment for the current contracts. The currency that is stated in the contract and/or the invoice will consequently be converted into euros. This conversion shall on no account impair the continuity of the contract, or prejudice the rights and obligations of the parties under their agreements, which will remain in full force.
§10 Any application for a composition (either amicable or judicial), suspension of payment – even if not officially established – or any other circumstance indicative of the buyer’s insolvency shall render the invoices covering the goods supplied due forthwith.
§11 All expenses arising from a refusal to take delivery of goods, or connected with cash on delivery payments, are the responsibility of the buyer, as well as legal costs, survey costs and any costs that may result from disputes, recovery by intermediaries, or judicial recovery.
§12 The contract shall be executed at the registered office of the seller. Belgian law applies. All disputes shall be submitted to the exclusive jurisdiction of the courts of the judicial district where the seller has its registered office.
§13 RETENTION OF TITLE
In case of non-payment on the due date, Richa may consider the sale cancelled as of right and without notice. The goods shall remain the property of the seller until full settlement of the invoice. All risks shall be borne by the buyer. The seller has the right to retain any down payments to cover any losses arising from the transaction. If the buyer’s credit rating takes a turn for the worse, Richa shall reserve the right, even after the contract has been partially executed by the buyer, to demand appropriate security for the due fulfilment of the obligations undertaken. If the buyer fails to satisfy the seller’s request, the seller shall have the right to cancel all or part of the order. The buyer undertakes not to sell the goods, transfer them to third parties or use them as security as long as they are still the property of the seller. If the merchandise is sold anyway, the original seller shall be entitled to the proceeds of the sale in lieu of the goods.
The buyer bears the risk of damage, destruction and disappearance from the date of conclusion of the contract.
§14 FORCE MAJEURE
Cases that are attributable to force majeure or accident automatically suspend the execution of the obligations of the parties. Nevertheless, each party has the right to cancel the contract without compensation if the resulting extension of the execution time leads to a delay of more than sixty days. The additional extension, following the notice of default, shall not be suspended by cases of force majeure or accident.
RICHA nv
Westerring 27
9700 Oudenaarde
Belgium
VAT BE0400.244.170
Last updated on Octobre 11th 2017
