General terms of sale

The buyer declares to have been informed of these terms

 

  • OFFER: All offers, orders, deliveries and sales are governed by these general terms of sale, to the exclusion of the buyer’s own terms.
  • CONTRACT: BELCROP shall only be bound by the buyer’s orders if the goods are delivered or if the order form has been countersigned by BELCROP. If the order form has been signed by a representative of BELCROP, it is only valid if and when BELCROP has accepted it in writing.
  • CANCELLATION OF ORDER: All order cancellations by one of the parties must take place by registered mail and will only be valid when they have been accepted in writing by the other party. In that case, the party who cancels the order, will have to pay an agreed indemnity to the amount of 30% of the total amount of the order, without prejudice to the other party’s right to proof higher damages, and without prejudice to the other party’s right refuse to accept the cancellation, and without prejudice to the seller’s right, if the buyer is not a consumer, to retain the advance payment.
  • ADJUSTMENT OF PRICES: The prices mentioned in the invoices do not include VAT , taxes or rights. All new sales taxes and rights, all increases of legal prices and/or sales taxes and/or rights, tax levies, import duties, and so on, imposed by the government after the order was placed, are at charge of the buyer.
  • TERM OF DELIVERY: Unless explicitly mentioned otherwise, BELCROP is not bound by the terms of delivery: they are only mentioned as information. The non-respect of the mentioned term of delivery can in no case be invoked to cancel the contract, unless BELCROP fails to deliver within one months, after the buyer has given BELCROP notice of default by registered letter. The buyer expressly waives any other possible means of redress, in particular the granting of any form of indemnification.
  • DELIVERY: Unless otherwise explicitly agreed upon in writing otherwise, the goods are delivered ex works, with place of delivery at the registered offices of BELCROP. Ex works has to be explained according to the INCO-terms 2010. The goods are transported under the full responsibility, at the risk of and for the account of the buyer, with the exclusion of all responsibility of BELCROP.
  • RETENTION OF TITLE: The goods remain the exclusive property of BELCROP until full and effective payment of the principal price, interests, costs and taxes related to the goods. From the moment the goods leave BELCROP’s registered office, all kind of risks, including fortuitous event and force majeure, are transferred to the buyer. In case of non-payment at any one of the due dates, BELCROP has the right to demand the restitution of the goods at the cost of the buyer as well as the right to an indemnification. The buyer is prohibited from changing, using or reselling the goods, or pledging or mortgage these against any type of surety, until the moment that ownership of said goods has been transferred. The buyer undertakes to immediately inform BELCROP via registered letter of any claim laid by third parties on the sold but as yet unpaid goods and any storage of the goods on premises that are not the buyer’s property, as well as stating the identity of the property owner.
  • COMPLAINTS - WARRANTIES: Insofar as the law allows, BELCROP is not liable for any damages due to the (use made of the) goods delivered by BELCROP. In case BELCROP would be held liable for the non-execution or the defective execution of her obligations, the total amount of indemnities shall, by explicit agreement, not exceed 10% of the amount of the invoice of the purchased goods. The buyer always has the obligation to limit the damages. To be valid, complaints have to reach BELCROP by registered mail (a) in case of complaint for non-conformity: within 8 days after the delivery of the goods and (b) in case of hidden defects: within 8 days after the discovery of the defects and in any case within 6 months after delivery. To be valid all complaints have to be formulated before the goods have been used or resold. Formulating a complaint does not discharge the buyer from his obligation to pay. No product may be returned to BELCROP without the prior and written agreement of BELCROP.
  • The warranty for defects in the delivered goods does not exceed the warranty of BELCROP’s supplier and the buyer, who is not aconsumer, is always limited to the replacement of the goods that BELCROP or the supplier have recognised to be defective. The buyer cannot demand any supplementary warranties from BELCROP. Except for malicious intent or serious misconduct, BELCROP shall not be held liable for indirect, incidental or consequential damages, or for any loss of profit. The buyer shall indemnify and shall hold harmless BELCROP for all product liability claims of third parties due to a defect in the goods delivered by the buyer to this third party, except when the buyer can proof that the damages are caused by the goods of BELCROP.
  • PAYMENT: All payments have to be made in Sint-Truiden, registered office of the seller, at the latest 30 days after the date of the invoice. All invoices that remain unpaid, even partially, after the due date shall be increased ipso jure and without previous notice by a fixed compensation equalling 10% of the amount due, with a minimum of 40 EUR (excl. collection costs). In addition, each delay in payment, even partially, makes due ipso jure and without previous notice, an interest of 10% per year, counting from the date of the invoice.
  • NON-PAYMENT: The non-payment of a single invoice or trade bill at its due date makes due ipso jure and without previous notice the payable balance of all the other invoices and trade bills, even if they are not due yet, and even if they had to be covered by trade bills. In case of delay of payment, BELCROP also has the right to suspend or cancel the execution of orders or of all obligations towards the buyer and this, without previous notice or judicial intervention, with the right for BELCROP to claim indemnification from the buyer. The buyer, who is not a consumer, shall not have the right to compensate or reduce the amounts of the invoices still due on account of complaints with regard to previous deliveries.
  • TRADE BILLS: Payment by issuing trade bills is only allowed if BELCROP has agreed thereto by explicit and written notice.
  • The issue of trade bills or the grant of a delay doesn’t create novation. In case a trade bill originating from a payment by instalments has been protested, BELCROP has the right to collect and/or protest all trade bills and invoices immediately, even if they are not due yet. All related costs shall be borne by the party on whom the documents are drawn.
  • UNILATERAL TERMINATION: The parties reserve the right to terminate the agreement unilaterally without notice period and without notice indemnification for the other party if the other party introduces a demand in bankruptcy, if the other party has been declared bankrupt, in case of apparent insolvency or of a change in the legal status of the other party whatsoever.
  • FORCE MAJEURE: Fortuity and force majeure, in particular each action of a third party or each event out of the control of BELCROP and that hinders or delays in an abnormal way the execution of an order, or that causes expenses to increase substantially, give BELCROP the right to cancel the agreement or the order fully or partially, without having to pay any indemnification.
  • COURTS AND JURISDICTION: Any dispute as a result of or with regard to the conclusion, validity, interpretation or execution of this contract, of an order and of sales is subject to Belgian law, with the exception of the provisions in the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980) (CISG) and the Leuven Commercial Court, shall have exclusive jurisdiction, except where compulsory law stipulates a court in another jurisdiction.



BelCrop NV
Tiensestraat 300, B-3400 Landen - uitbatingszetel/siége d'exploitation: Brustem Industriepark, Lichtenberglaan 2045, B-3800 Sint-Truiden - KBO/BCE 0821.991.559 - RPR/RPM Leuven - e-mail: info@belcrop.com - tel. ​​011 59 83 60
Copyright (c) 2020 Belcrop