Terms & Conditions
All of our offers are made without any type of binding engagement from our part.
A sale only becomes final after a written confirmation from our part.
Our merchandise is to be sold under these conditions only.
All merchandise mentioned by buyers or sellers in their commercial papers is not to be contrasted to ours, except with a written confirmation from our part.
All purchases and/or sales made by our contracting authorities are validated only upon a written confirmation from our part.
All merchandise is to be inspected and accepted before it is shipped. This clause covers the conformity of the merchandise with regard to both the quality and the measurements.
Upon loading the merchandise the buyer consents to the irrevocable acceptance of the goods.
The buyer is therefor obligated to thoroughly check the goods. In case intermediaries make a purchase, these intermediaries are expected to act as representatives for the buyer. A delivery made to these intermediaries is regarded as final acceptance from the part of the buyer.
When we make a delivery ourselves, the acceptance is to take place on our own wharfs.
All complaints will be null and void after the buyer or his representative has signed the delivery documents. Upon signings these documents the acceptance of the goods becomes final.
Each complaint must be reported immediately upon reception of the merchandise. This is to be done in writing.
In case of a purchase/ sale per trunk, the acceptance even covers any concealed defects, seeing that the seller has no means of knowing about these himself.
If the salesclerk is to execute the sawing herself, she will be permitted to choose when she does this. The invoice will be made directly after the sawing, even if the delivery is not foreseen until later. Under these circumstances however, the payment only has to be made after the delivery of the goods.
All merchandise is transported at the risk of the buyer, even if the shipment has been prepaid.
With regard to the ordered amount, the seller always has the right do make a delivery of 10% more or less than the buyer had requested, for all parts of the order.
The delivery time, though based on a well founded estimation, is only an indication and therefor cannot be guaranteed.
If we do not manage to make the delivery in time this cannot be a reason for the buyer to annul the agreement, or demand a certain fine, compensation or interest of any kind.
The buyer however is confined to pay for the goods within eight days after receiving a formal notice. If he does not make the payment by the due date, the seller has the right to break the contract, and this without a new notice to the customer. The seller can, in this case, also demand a forced purchase.
In case of a forced purchase the seller will store the purchased goods for the buyer at the charge of 3,72EUR/ m² per month.
A sale is always closed based on the prizes for transport, customs, taxes, price of materials, wages, exchange values, etc. valuable at the moment the contract is signed.
In case any of the factors mentioned below rise with a minimum of 5%, the seller has the right to raise the price with the same amount. These factors are; wages, price of fuel or any other material, costs for transport, import duties, taxes, processing fees, fluctuation or devaluation of the currency, or any other element that contributes to the determination of the price.
Any occurrences of unforeseen circumstances that make it impossible for the seller to live up to the contract liberate the seller of his duty towards the buyer. In these cases the buyer cannot demand any compensation.
With regard to the steaming and drying of the wood the following stipulations are in order:
1 The valid moisture content after artificial drying will be less than 20% when the wood leaves the kiln, unless agreed otherwise in the contract.
2 To determine this moisture content the average of the measurements of the moisture on the surface and inside the wood is taken into account.
(% moisture outside + % moisture inside):2
These measurements are only effectuated on the flat part of the wood
3 The average moisture content is determined when the wood leaves the kiln and we cannot be held responsible for an eventual reabsorption of any moisture afterwards.
4 No guarantee can be given for any possible damage and change in moisture content during the drying process of wood thicker than 50mm or for each quarter.
5 The wood is to be measured before drying.
6 The price agreed upon is for drying of square edged wood.
7 Drying of boules: cubic per trunk or measurements per plank x 1,33
8 Drying for third parties: Prices are to be taken into account per m³ for square edged wood. If the wood cannot be handled mechanically (by fork lift) an extra charge is to be agreed on.
9 Drying of tropical hardwoods: (ex. Outdoor joinery). The rate is stipulated per month of drying time. We will not be taking any responsibility concerning the degree of dryness. We can refuse to dry a specific parcel of wood when we believe the risks to damage the wood are to great.
Unless we specifically indicate differently, invoices are to be paid in cash at our Hasselt office within 30 days after the invoice was made. Any amount that remains unpaid on the due date will by law and without notice provide interest, based on the rate the Nationale Bank van België (the Belgium national bank) applies for advances for public funds, raised by 2%.
When a debt remains (partially) unpaid after its due date without a proper reason and after a futile notice, the amount to be paid will be raised by 12% with a minimum of €49,58 and a maximum of € 1.487,36. This even applies for cases where a delayed term for payment was agreed on.
In case any dispute should rise the seller decides whether the court of Tongeren or the courts in the home base of the buyer are authorized.
When de buyer neglects to uphold his part of the agreement the sale can be resolved legally and without notice. This does not decline our right to compensation and interests. To obtain a compensation a registered letter from the seller will be sufficient.
The drawing and/or acceptance of bills of exchange, or any other tradable documents does not imply the renewal of a debt and does not imply any alterations in the general conditions and terms of sales.
The buyer agrees to pay a flat-rate amount to the seller as a compensation for any loss of profit. This amount is to be 15% of the total value of the goods that were to be sold. (art. 1184 and 1152 B.W., these are articles in the Belgian law for trade). The seller maintains the right to claim the full amount of the damage he has suffered, if this appears to be more than 15%.
The goods remain property of the seller until they are fully paid for. The transfer of the responsibility for the goods takes place the moment when the buyer places his command. This stands aside from the clause on ownership of the goods.
If the buyer’s credit declines, we maintain the right to demand a guarantee that the engagement will be honoured, even after part of the goods have already been delivered.
All further deliveries will be postponed until we obtain this guarantee.
If the buyer does not provide the demanded guarantee, the seller will legally and without formal notice consider all remaining contacts dissolved. He can thus demand compensation from the buyer of 15% from the total amount of the goods ordered.
If one single invoice is not paid by its due date, this means that the seller can demand all other (future) invoices to be paid immediately, even if their due date is not until later.