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1. Unless explicitly stated otherwise in writing, only the following conditions apply to all sales, deliveries, and installations by Breetec International NV. The buyer's general terms and conditions, except in the exceptional case stated above, are not applicable under any circumstances.
2. Quotations are prepared by Breetec International NV based on the information provided by the buyer. If the buyer orders different quantities, sizes, etc. than those included in the quotation, Breetec International NV may adjust the prices from the quotation. Delivery times indicated in the quotation are purely indicative.
3. Orders are generally only considered final after Breetec International NV sends a written order confirmation to the buyer. However, if an advance payment needs to be made, the order will only become final upon receipt of the advance payment by Breetec International NV.
4. Considering the provisions of article 3, Breetec International NV always has the possibility to refuse orders. As a result of such refusal, Breetec International NV is not liable for any compensation.
5. The prices mentioned in the quotations are exclusive of VAT. Unless explicitly stated otherwise, the prices are ex-works, excluding packaging costs. All transport costs, insurance, customs clearance, and any costs for the return of goods are borne by the buyer.
6. Unless explicitly agreed otherwise in writing, all invoices must be paid within 30 days from the invoice date. If the due principal amounts are not received by Breetec International NV on the specified due date, all outstanding invoices become automatically due and payable, without any formal notice being required. In case of late payment, an additional fixed compensation of 10% of the principal amount of the invoice will be due, as well as default interest at a conventional interest rate of 10% per year.
7. Breetec International NV remains the owner of all sold goods until full payment is received from the buyer.
8. Prior to delivery of the order, the parties agree on a delivery period after Breetec International NV has sent the order confirmation. The exceeding of this delivery period cannot be a reason for the buyer to cancel the order, nor does such exceeding grant the buyer any right to compensation. Cases of force majeure can in no way give rise to complaints due to exceeding the delivery period. Force majeure includes, but is not limited to, fires, floods, wars, lockouts, strikes by staff or suppliers, etc. In case of force majeure, Breetec International may terminate the agreement with the buyer without any compensation being due. Breetec International is entitled to make the delivery of goods conditional upon the payment of an advance of up to 50% of the sale price, excluding VAT. If the buyer refuses to accept the delivery, this refusal will have the same consequences as a cancellation of the order, as regulated in the following section. Moreover, in such case, the transport costs for the return of the goods will be fully borne by the buyer. The cancellation of the order by the buyer constitutes termination of the agreement between the parties, resulting in a compensation of up to 30% of the price of the ordered goods, excluding VAT, being due from the buyer. In case the ordered goods are customized, the buyer will still have to pay the full price of the ordered goods. If the ordered goods are delivered late due to an error or negligence by the buyer, Breetec International NV has the right to charge a storage fee of EUR 50.00 per day of delay.
9. The buyer must note any complaints regarding visible defects immediately upon delivery on the delivery note. Subsequently, the buyer must confirm these complaints to Breetec International NV in writing within three days after delivery by sending them by registered mail to the operating office. Any complaints regarding invisible defects must be sent by registered mail to the operating office of Breetec International NV immediately, and in any case within a period of five days after their discovery. Complaints regarding invoicing must be sent by registered mail to the operating office of Breetec International NV within a period of eight days from the invoice date.
