General Terms and Conditions of Sale of Breemes N.V., established in Zonhoven.
1. GeneralThe sales conditions below apply to all our offers and all
transactions concluded with us; deviating conditions are only binding if these
have been confirmed in writing by us in advance. Accept when placing an order
customers without reservation these conditions.
All our offers are without obligation; transactions are binding if they are in writing by us
have been confirmed, or from the time when we have implemented it
started. This also applies to offers and commitments made by our
representatives or other persons employed by us and the offers made by them
and agreements made.
An offer without obligation can, after receiving the acceptance, become by us
recall. All offers are revocable, even if there is a term of acceptance
The in our offers, catalogs, stock lists, circulars and other documents
3. Dimensions, weights, drawings and images and technical data
stated dimensions, weights and technical data, as well as the data specified
drawings and images are only approximate and are without obligation, unless by us
a guarantee is provided in writing. The copyright on information provided by us
images, drawings, diagrams and designs, as well as in general on what
is published to us - regardless of whether or not costs are charged
brought to us exclusively; these publications or their may without our permission
content neither wholly nor partially, in whatever form, becomes available to third parties
The prices quoted by us are without obligation based on factory prices,
exchange rates for foreign currencies, import duties and equivalent taxes,
taxes, margin schemes and other such factors that apply at the time of the
realization of the agreement. If in one or more of the mentioned factors
changes occur before the delivery has taken place, we may do so
always charge the cost increase to the customer. Unless otherwise indicated
prices listed per item and excluding sales tax and other on sales and delivery
falling government charges.
Breemes reserves the right to charge freight costs in advance or afterwards
deliver in accordance with the applicable at the time of the (partial) delivery to us
freight rate. In addition, we reserve the right in case of orders below one door
our invoice amount (excluding sales tax) to be determined each time is a small one
to charge order supplement according to the at the time of performing
the delivery surcharge applicable at our place.
Upon delivery by Breemes, the risk of the goods to be delivered is transferred to our buyer
as soon as the actual delivery of the goods at the delivery address indicated by us
occurred. With delivery via third parties that work on our behalf, this risk passes
on the buyer as soon as the goods have the factories or warehouses of these third parties
leave. When 'picking up yourself' by the customer or having it collected by third parties on behalf of the customer
the customer transfers the risk of loading, transport and unloading to the same customer on the
moment the goods have left our warehouses. We are authorized the goods
cover for risks to be determined by us at the expense of our buyer.
5.3 Force majeure
If goods due to force majeure, as described in Article 10, do not go to the place of
destination, we are entitled to charge these goods for
store the risk of the buyer and demand payment without the buyer having a right
on suspension of payment.
Unless the goods are delivered by us in a factory package for which our own
supplier does not charge us separately, we may charge the packaging costs extra
are being brought; packaging calculated by us is credited for the full amount
provided that it is in good condition and within one month from the date of delivery is freight-free
returned. All cable reels remain our inalienable property; the cable reels
must be returned freight free by our buyer within three months of the
date of delivery.
7. Delivery timesThe delivery times specified by us are only approximate, unless a specific one
delivery time is explicitly guaranteed by us in writing. Apart from cases
in which we have provided a guarantee in this regard, is compliance with the specified delivery time
depending on our options. In the event of force majeure and other circumstances of such
nature that compliance with the transaction cannot reasonably be expected of us -
including In the event that we do not deliver through our own suppliers
- the delivery time will be extended by a period of time equal to that of
the continuation of those circumstances. If the entire delivery does not take place within 6
months after the transaction has been concluded, the parties are entitled to this transaction
to cancel. This right also exists if the transaction has been partially executed.
8. Customer's obligationsIf the customer does not fulfill his obligations by refusing to accept the product or
does not meet its payment obligations within the agreed period, we are authorized
without a reminder or notice of default the transaction without judicial intervention
dissolve. Without prejudice to our claims for compensation, we are authorized in that case
all current transactions, insofar as they have not yet been carried out, with the relevant customer
cancel the same conditions. Every cancellation always has the due and payable of all
due to us as a result.
9. PaymentThe payment of the invoice amounts must be received by us within thirty days after the invoice date
to be in possession, or so much earlier or later as agreed and in writing by us
confirmed. Payment has been made as soon as Breemes can dispose of the money.
Payments by other means, in particular handing over to our employees, are only
Valid after written confirmation from us. Unless explicitly by us with the buyer
otherwise agreed in writing, a payment will be made by the customer and by us
are booked as a deduction on resp. to settle the oldest expired invoice (s),
on the understanding that we always have the authority to deduct payments
on resp. to be regarded as the satisfaction of (an) outstanding invoice / invoices to us
choice. As soon as the payment has not been made on time, the buyer is credit costs
due on the relevant invoice amounts. That means that Breemes meets the
the buyer can charge credit costs as soon as the payment of the invoice amount is not
before the due dates of the relevant invoices. The
credit cost reimbursement amounts to 1.5% per month on the total according to the invoice
pay amount. The reimbursement percentage can be at Breemes' discretion
increased or decreased. Breemes is authorized at all times to deliver goods, or
suspend the provision of services pertaining to the relevant or other transactions.
If we consider it necessary for late payment to assess our claim (s) for collection
hands of third parties, we will inform the customer of this in writing
given; as a rule, we will set a short term to be determined by us,
within which the buyer must still meet his obligations, unless in a certain
in our opinion, immediate collection measures are deemed necessary.
If we decide to take collection measures, the associated measures will come
costs in full account of the customer; at our choice we can tax it for all
the actual costs for which we are taxed ourselves, or for an amount equal to
fifteen percent, calculated on the amount owed to us (principal and
credit fee). We reserve the right to demand security for the
timely payment with a view to deliveries already made and to be made, which
Certainty may be our choice in the form of prepayment, bank guarantee,
mortgage, pledge or bail. We are also authorized to do so in our opinion
from now on to qualify eligible cash on delivery, if necessary in
deviation from agreements made.
10. Force majeureIf we fall short in the fulfillment of an obligation towards the customer, this is possible
failures cannot be attributed to us, to the extent that we are
obligation is made impossible or prevented by unforeseen
circumstances such as at least but not exclusively war or similar
situations, riot, sabotage, boycott, extraordinary weather, fire or other
circumstances beyond our control.
11. Retention of title and lienWith regard to claims relating to the consideration that we provide to the buyer
goods delivered or to be delivered pursuant to an agreement or pursuant to such
agreement also work performed or to be performed for the customer,
and with regard to the claims for failure to comply with such
agreements, ownership is expressly reserved. Despite us
retention of title, the goods delivered by us are for the customer's own
account and risk. The buyer is obliged to reserve the property
delivered goods, possibly the components and new gmolded cases, upon first request
actually made available to us. The customer already grants us irrevocably
to enter the purchaser's premises in order to return the delivered goods
without prejudice to our rights to full compensation. As long as the buyer already
has not fully paid what he owes us, it is prohibited on him
the goods delivered by us to establish a pledge or otherwise encumber them
for the benefit of a third party. If the customer submits the information to us
retention of title delivered goods to a third party, the buyer is obliged to
to retain ownership of the goods. We transfer ownership of the goods
the reservation of a right of pledge on our behalf with regard to other claims by
us on the buyer than referred to in the first paragraph of this article. The buyer is obliged on us
first request to cooperate in the actions necessary for this purpose.
12. Warranty and liability12.1
Because of the delivery of goods, we only take those guarantees towards our buyer
on us which our own supplier takes on towards ourselves, entirely according to
same conditions. We will inform the customer at his request about the van
applicable provisions. Further guarantees can only rest on us when
this appears from a written statement issued by us.
For damage arising from or in connection with the agreement for which we legally
can be held liable insofar as mandatory provisions do not
otherwise bring the following.
a) Only that damage is eligible for compensation for which the buyer can
prove that there is a causal link between the circumstance or event occurring to us
can be imputed and the damage.
b) Damage, to the extent that it consists of lost profit or reduced revenue and all others
indirect damage or consequential damage, such as business damage or any damage caused by the buyer to third parties
compensation or fine due, is never eligible for compensation.
c) Our liability is limited to the amount on which we have taken out
insurance claim. In any case, our liability will be the amount of 100%
of the net invoice value - being the gross invoice value minus the VAT, possibly
other government levies, costs of transport and insurance - never exceed.
(d) The compensation referred to under C relates to all claims together arising from the
e) Without prejudice to the provisions of this article, reimbursement only applies
damage suffered within 1 year after the risk with regard to the goods has passed
on the customer and which is notified to us in writing no later than the 7th day after the 'accident'.
f) The customer indemnifies us against claims on whatever grounds from third parties, including
of employees of the customer or of his customer, who claim to have suffered damage
by a matter that we have delivered to or on behalf of the buyer, insofar as the total
claims exceeds the above limits. This except and insofar as the
the customer demonstrates that we have entered into under the agreement or these general terms and conditions
the relationship with the buyer is liable for that damage and this to the buyer
13. Material errors; factory guaranteesWe do not accept any further obligations than replacing or crediting
the value of the defective product delivered. We cannot reimburse
any other damage suffered, of whatever nature, will be addressed. We
can also not be claimed for compensation if the goods are
delivered under any factory or importer warranty. In that case the handling of a
relying on the relevant warranty entirely at the discretion of the manufacturer or
importer. This article applies, without prejudice to what has been agreed in article
12 of these conditions.
14. Complaints and returns of goodsWithout prejudice to the provisions below, our customer will be informed immediately after delivery on our part
is obliged to check the goods for compliance with the specified order,
regardless of where the goods are delivered in accordance with the order. In case
of complaints, goods delivered by us are only returned, resp. taken back
after prior consultation with one of our sales staff; it
The foregoing also applies if we agree that goods are returned
repair must be returned without a complaint being made. In case of
incorrectly delivered or damaged goods will be delivered to us by no later than the seventh day
Complaints must be made after the day of delivery. Submitting a complaint
must be in writing by the buyer, accompanied by the relevant packagejst. A
a complaint is only valid if the packaging is still in its original state.
If the delivered goods have been assembled or processed by the customer, a complaint is not
more possible. Complaints are also not possible in the event that a wrongly delivered item is delivered
processed or assembled. Oral complaints and complaints submitted after the
expiry of the deadline of no later than the seventh day after delivery will not be notified
treatment taken. In the event that goods are collected from our warehouses,
will only submit complaints made immediately upon delivery of the goods in question
treatment. Unpackaged goods damaged on delivery
must be refused by the customer. If goods delivered under factory or
importer guarantee, be returned to the person concerned for assessment of the guarantee
manufacturer or importer, any costs incurred by us may be charged
brought to the buyer. If there is no complaint, but the goods for repair
returned, any costs of repair and transport will be charged to the buyer
be charged. Provided the delivery date is not older than thirty days and the
goods are still in good condition and belong to our stock / assortment, can
in our sole discretion, the goods are taken back by us and
credited. In that case the buyer will be charged with so-called 'return costs',
which consist of at least 3% of the total net value per return shipment / return with
a minimum amount of € 15.00 (whereby the amount is rounded down to one
multiple of € 1.00). Goods specially ordered for a buyer will in no case be
taken back. Submitting complaints does not relieve the customer from payment
in accordance with the invoice. The provisions of this article do not affect the others
provisions of these terms and conditions.
15. Approvals and restrictive (installation) regulations when used or sold in anothercountry
Products that must be labeled according to Belgian regulations,
are supplied by us in the version for which the label was issued. beside
we also carry products that do not have a Belgian quality mark. The by us
offered products are in principle intended for sale on the Belgian market. Sell or
installation of these products in other countries may be subject to limitations or restrictions.
are not permitted and are at the risk of the buyer.
16. The competent courtDisputes that may unexpectedly arise between customers and us will be ours
choice will be settled by the competent court in Hasselt except of course