1) Application conditions
Any party doing business with QUINN GROUP BELGIUM NV directly or indirectly shall be deemed to accept these sales conditions. Any departure from this rule may only be set down by mutual consent and in writing. Non-application of one of these conditions shall not mean a renunciation thereof.
When placing an order, the customer shall acknowledge being familiar not only with the current conditions, but also with the prices applied that will be applicable from the date of order or the confirmation thereof. The prices shall be based on the prices of raw materials, wages, energy prices and other production and distribution costs. If these change, QUINN GROUP BELGIUM NV shall reserve the right to adjust the prices accordingly.
If this contract cannot be fulfilled entirely or partially by QUINN GROUP BELGIUM NV, this shall never be cause for any compensation whatsoever. Quinn shall be obliged to comply as well as possible with the delivery periods, but delays shall neither entitle the other party to compensation nor to dissolution of this contract. In case of cancellation or any other reason why the customer should not wish to receive his order, the full invoice amount shall always be paid by the customer, unless otherwise agreed in writing with QUINN GROUP BELGIUM NV.
4) Payment terms
All invoices shall be payable in cash and no later than 14 days after the invoice date, unless otherwise agreed in writing. In case of non-payment on the due date, the seller shall be entitled, by rights and without notice of default, to payment of interest in accordance with the reference interest rate applied by the European Central Bank, increased by 7 percentage points and rounded off to the higher half percentage point, as stipulated by the law of 2 August 2002 regarding the control of arrears in payment for commercial transactions. Moreover, the buyer shall pay the court costs and all the relevant collection charges. In case of non-payment on the due date, the seller shall reserve the right to increase the invoice amount by 10% with a minimum of EUR 250.00. The parties shall expressly agree that this remuneration is fixed and that, notwithstanding article 1231 of the Belgian Civil Code, this cannot be changed even if the default should only be partial. Any payment through bills of exchange or cheques made after the due date of the invoice shall leave the interests and claim for damages intact.
5) Guarantee and liability
QUINN GROUP BELGIUM NV shall guarantee the fitness for purpose of its products under conditions of professional installation, judicious use and adequate maintenance. Its guarantee shall be for a period of 10 years after delivery by QUINN GROUP BELGIUM NV and shall be restricted to the replacement or repair of defective parts in construction and material defects established by QUINN GROUP BELGIUM NV. The defect shall be reported to QUINN GROUP BELGIUM NV by registered letter within 10 days after discovery. Replacement or repair of the defect by QUINN GROUP BELGIUM NV shall be considered the only and total compensation. Any additional liability of QUINN GROUP BELGIUM NV shall be excluded. QUINN GROUP BELGIUM NV shall reserve the right to change the technical characteristics of its products at any time and without previous notification.
6) Notification of claim
Under pain of lapse of right, with respect to the visible defects to these goods, each claim shall be addressed to QUINN GROUP BELGIUM NV at the address of the registered office, by registered letter and within 2 days after the delivery of the goods. Under pain of lapse of right, with respect to the contents of the invoice, each claim shall be addressed to QUINN GROUP BELGIUM NV at the address of the registered office, by registered letter and within 8 days after the date of this invoice.
7) Transport and retention of title
The goods shall be delivered to the address indicated on the order confirmation and any claims of incompetence on the part of the addressee shall not be remonstrated against QUINN GROUP BELGIUM NV. In addition, the goods shall be under the sole responsibility of the buyer as from the moment of delivery. The seller shall remain the owner of the supplied goods until the entire purchase amount with additions, if any, shall have been paid by the buyer; as long as the price has not been paid, the recipient of the goods shall be obliged to keep these in perfect condition. Advance payments shall not be refunded by the seller as compensation for the possible losses in case of resale.
The acceptance of this invoice shall be considered express acceptance of the sales conditions, both these and special conditions. Any disputes shall be brought before the competent Court of the district of Turnhout.