All deliveries performed by Devos Group bvba (hereafter Devos Group or seller) are subject to the sales conditions established by the seller. Any deviation from this must be agreed in writing and explicitly accepted by Devos Group. By handing over the order, the buyer declares to agree with this and can not, under any circumstances, rely on his ignorance. The general sales conditions of Devos Group have absolute priority over the buyer's order and/or purchase conditions, even if the latter stipulates the opposite.
The goods are transported at the expense and risk of the buyer, unless otherwise specified. Upon receipt of the goods, the buyer must ensure that the quality, type and quantity are in accordance with his order. Complaints regarding defects and hidden defects, which are present at the time of delivery, must be substantiated by official proof at the latest within two days following the delivery. If goods are rejected on the basis of proven defects, they must be returned to the seller at the expense of the buyer in the original condition and packaging.
Each invoice must be paid within thirty days of the invoice date as stated on the invoice, unless otherwise agreed in writing. All payments are made in Bekkevoort, at the Devos Group seat or via bank account as stated on the invoice.
Devos Group remains the owner of the sold goods until full payment of the relevant invoices, but without bearing the risks. In the event of non-payment, Devos Group reserves the right to claim back these goods at the expense of the buyer in the original condition and packaging. All possible risks that the merchandise may incur after loading on departure are solely at the expense of the addressee and/or buyer. In case of resale, it remains possible for Devos Group to claim the sum corresponding to the value of the resold goods, as the retention of title is transferred to the resale price.
If an early invoice is not paid or only partially paid on the due date, all later invoices become due immediately for cash payment. Any protest or dispute regarding the invoice must be made by registered letter within eight days following the invoice date, on pain of loss of rights.
If the invoice is not paid by the buyer on time, the amount of the invoice that is not paid by the due date will automatically be increased by an interest of 1% per month until the date of payment, without notice of default being required. Every month that has started will be fully charged.
In the event of non-payment on the due date, the buyer shall owe, by operation of law and without notice of default, a fixed compensation equal to 10% of the account amount with a minimum of 200, - EURO. All costs for collection are at the expense of the buyer.
Belgian law applies to this agreement. All legal claims in connection with relevant invoices or contracts fall under the exclusive jurisdiction of the Courts of Leuven.
Other conditions of sale
All our offers are purely without obligation. The proposed prices and conditions are only binding for the duration stated in the quotation. In the absence of this information, Devos Group can change these conditions unilaterally at any time.
An oral and/or written purchase or order confirmation by one of the parties irrevocably gives rise to a purchase obligation. The representatives of Devos Group are authorized to conclude a sale and/or purchase agreement in the name of Devos Group. However, they are not authorized to make collection of invoices, unless they are expressly authorized in writing to do so.
The planned delivery times are always approximate. Failure to comply with the indicated term can not give rise to any compensation or to termination of the agreement.
All merchandise is sold as checked and accepted at the departure of the cargo. This concerns the conformity of the name, quality and quantity of the delivered goods. The buyer is free to inspect the goods. Absence, however, is always regarded by the parties as unconditional acceptance. As soon as the cargo has left, no complaints about visible defects will be taken into account. The delivered weight of the merchandise may differ from the ordered weight due to certain circumstances. Only the delivered weight can be charged to the customer.
Devos Group reserves the right to charge the buyer for ordered merchandise that has not been collected within two days after the planned collection date.
The shipment is always deemed to have been made by the buyer himself or at his request and full responsibility to the exclusion of all responsibility of Devos Group, unless the merchandise is delivered with means of transport from Devos Group.
The VAT known to determine the prices is not calculated in the predetermined price but is separately stated on the invoice at the expense of the buyer. All sales taxes, duties, fees, import duties, etc. that are imported by the government, are at the expense of the buyer. Devos Group reserves the right to charge additional costs incurred to deliver goods according to customer requirements, but which are not directly linked to the product, to the buyer.
Any discounts granted will only apply in case of payment within the assumed period. Any exceeding of this period automatically entails the elimination of any discount.
If the buyer fails to fulfill his obligations, the present and any subsequent sales agreements, whether or not fully or partially delivered, can be dissolved by operation of law and without notice of default, without prejudice to Devos Group's rights to all damages and interest. The willingness to do so by registered letter by the seller will suffice for this.
If delivered reusable packaging is not separately charged on the invoice, the buyer is responsible for returning this packaging. Devos Group registers these actions and reserves the right to charge the customer the value of any missing exchanges.
If Devos Group is unable to execute the agreement due to force majeure, even if the force majeure does not lead to permanent and/or absolute impossibility to perform, Devos Group has the right to cancel the delivery. In that case Devos Group will not owe any compensation to the buyer.