GENERAL SALES CONDITIONS
All our sales are made solely subject to our general terms and conditions specified below. We do not accept any of our buyers’ purchasing terms that conflict with our general terms & conditions of sale unless expressly agreed otherwise in writing.
Our quotes are not binding. Orders and undertakings, even when made by our representatives and agents, are only binding after they are confirmed by us in writing.
All delivery times are merely approximations, even when a delivery date is recorded in a written agreement. Breaching the delivery time cannot be a ground for termination of the contract with compensation payable by the seller. The execution of orders can be refused if payment for previous deliveries has not been received. Any liability for nondelivery as a result of force majeure, lack of transport, strike, lockout or any accident or incident that impedes the normal progress of production and our deliveries is rejected. We reserve the right to make partial and early deliveries.
4.1 Our goods are sold in accordance with the technical properties and for the uses as expressly specified in our order confirmations and/or the current datasheets, which form an integral and inseparable part of our general terms and conditions. Datasheets and usage rules can be obtained on request.
4.2 The buyer is obliged to check the quantity and quality of the delivered products within 5 calendar days of delivery and before use, in particular to carry out a test relating to the stipulated characteristics of colour, gloss, hardness and other stipulated specifications. Any complaint concerning nonconformity must be notified to us by registered letter within 8 calendar days of delivery with details of the nature of the shortcoming, on penalty of forfeiture of rights. Our liability is restricted to the subsequent delivery or replacement of the missing or defective goods.
4.3 Any complaint relating to hidden defects, particularly relating to defects that are only revealed during or after processing, must be notified to us by registered letter within 14 calendar days of discovery and definitely within 2 years of delivery, with a clear description and authorisation to HaTwee to come and confirm the defects and – if it wishes – to rectify them in kind, on penalty of forfeiture of rights. HaTwee's liability for defects that are revealed during processing over and above the replacement of the defective goods that have not yet been used is in any case limited to 5 times the value of the defective goods delivered and used by the buyer as required to coat the maximum number of items that can be placed in the oven at one time. HaTwee's liability for defects that are revealed after execution is in any case restricted to 5 times the value of the powders required in order to repaint the damaged items.
The goods will be dispatched or shipped CPT (carriage paid to).
Our invoices are payable in cash without discount at our registered office. All costs will be borne by the buyer. From the invoice due date the amount owed will automatically incur interest of 10% on an annual basis without prior demand for payment. For online orders paid with Visa or MasterCard, the transaction amount will be charged directly to your credit card at the time of the transaction.
All collection and complaint costs for accepted and unaccepted bills of exchange, confirmations of delivery and other items will be borne by the customer. Offering bills of exchange does not change the place of payment.
In the event of full or partial nonpayment without serious and acknowledged reasons on the due date, the amount owed will be automatically subject to a fixed penalty of 10% of the total invoice debt with a minimum of € 125 and a maximum of € 2,500 after an unsuccessful demand for payment, even if payment instalments are granted.
In the event of complaint regarding an accepted bill of exchange and/or nonpayment of an invoice on its due date all bills of exchange or invoices still to fall due will automatically become immediately payable without prior demand for payment.
In the event of nonpayment on the due date, we may consider the sale to be automatically cancelled 8 calendar days after unsuccessful demands for payment served by registered post.
In all cases of contract termination at its expense, the buyer undertakes to pay us a sum in fixed compensation equal to 20% of the sale price, with a minimum of € 50. The goods remain our property until the price is paid in full. The risk passes to the buyer at the moment of delivery. The merchandise supplied with retention of title must be recorded in the buyer’s records with the annotation ‘retention of title’. If the goods are sold or processed, the buyer will assign the resultant debt in full or in part to us at the first request for the amount of the sums still owed. If the buyer fails to comply with this request, we are entitled to suspend further deliveries.
In the event of disputes, the District Courts for the Bruges district will have exclusive competence, even in preliminary relief proceedings. The acceptance of bills of exchange does not change this competence. Belgian law applies.