General terms and conditions of sale
Article 1: application
Subject to written agreement to the contrary, all agreements, quotes and orders and the resulting deliveries and sales are governed by the following general terms and conditions. The customer declares to have taken note of these general terms and conditions and to explicitly accept them, also in case of future transactions with Hout - Bois Van Steenberge.
All offers made by our representatives are price proposals without obligation and are only valid and binding following our written order confirmation.
Article 2: payment terms
- Hout - Bois Van Steenberge's invoices are payable at Zottegem. Hout - Bois Van Steenberge will not waive this right if they draw a bill of exchange on the customer.
- Hout - Bois Van Steenberge's invoices are payable in cash without discount.
- Any invoice not paid on the agreed due date, even partially, shall, by operation of law, incur conventional interest on arrears to the amount of the interest rate for arrears according to the Belgian Act on arrears in payment of 2 August 2002 for each month elapsed or commenced, without prior notice of default being required.
- In the event of non-payment of the invoice on the due date and without notice of default being required, it shall be increased by 10%, with a minimum amount of EUR 50, by way of fixed damages for the damage arising from the late fulfilment of the payment obligation, and this without prejudice to the aforementioned interest and any court costs.
In the event of non-payment, even partially, by the customer within the fixed term, Hout - Bois Van Steenberge reserves the right to postpone subsequent deliveries, to demand a guarantee for the delivery or to terminate the contract, without the customer being entitled to compensation for damages.
In the same case, all other outstanding claims, including bills of exchange not yet due, shall become immediately due and payable.
The discharge of the invoice is not proof of the discharge of the previous invoices. The consigned pallets shall be invoiced at tariff price and shall be payable with the goods.
They shall be credited when the customer has returned them to our warehouses in good condition. Their value may never be deducted before they have been returned.
Hout - Bois Van Steenberge retains ownership of the sold goods until full and final payment of the principal amount of the selling price and all amounts contingent to the debt. In case of resale, Hout - Bois Van Steenberge is entitled to claim the sum that corresponds with the value of the resold goods. The reservation of ownership is transferred on the resale price. Once the goods have been delivered, the customer shall bear all risks, including in cases of force majeure and destruction, and the cost of storage. Non-payment of one of the owed amounts on the due date may result in the reclaiming of the goods.
Article 3: delivery
Goods shall travel at the consignee's risk, even in case of free of charge delivery. Accordingly, in the event of damage, delay, total or partial loss of the merchandise, the consignee shall, where appropriate, exercise recourse against the third party carrier, without being able to invoke such facts to refuse, reduce or delay payment. Deliveries shall be made exclusively to accessible sites. All possible costs of delay and of breakdowns of the Hout - Bois Van Steenberge vehicle, due to the bad condition of the construction site, shall be at the customer's expense.
Any possible non-conformity of the delivery must be reported by the customer by registered letter before it is processed and at the latest within 48 hours after delivery. Non-conformity of the number of pieces must be reported to the carrier’s driver at the time of delivery. After expiry of the term, the delivery is deemed to be in conformity. Such complaints do not suspend the customer's payment obligation.
Hout - Bois Van Steenberge shall endeavour to obtain the wood required for the customer's order in good time. Hout - Bois Van Steenberge's terms of delivery shall be extended by the duration of the delay in the delivery of the wood to Hout - Bois Van Steenberge.
- Subject to the case indicated below and in the event of force majeure, late deliveries shall entitle the customer to damages amounting to 0.3% of the value of the products delivered late for each week of delay, with maximum total damages due to delay of 3% of the value of the products delivered late.
Article 4. Guarantee and liability
Guarantee for the visible defects: the customer is granted a guarantee for visible defects provided that they are notified by registered letter before processing and at the latest within 48 hours following delivery. After expiry of this term, the goods are deemed to have been checked. Such complaints do not suspend the customer's payment obligation.
Guarantee for hidden defects: the customer benefits from a guarantee for hidden defects under the following conditions: (1) prompt and full payment of the price; and (2) notification by registered letter within 48 hours after the hidden defect should reasonably have been known. The guarantee for hidden defects only applies within the first six months after delivery of the goods.
If defects are determined in a jointly checked way, Hout - Bois Van Steenberge reserves the right to replace this merchandise within a normal term without Hout - Bois Van Steenberge being obliged to pay any damages.
Hout - Bois Van Steenberge is not responsible for consequential damage, regardless of its nature. Hout - Bois Van Steenberge cannot be held responsible for defects resulting from injudicious storage, keeping, processing and/or use of the wood by the customer or third parties.
In the event of temporary force majeure, Hout - Bois Van Steenberge's undertakings shall be temporarily suspended for the duration of the temporary force majeure, without the customer being entitled to any damages. In the event of permanent force majeure, or in the event of temporary force majeure lasting more than 3 months, Hout - Bois Van Steenberge shall be entitled to dissolve the agreement immediately, without the customer being entitled to any damages.
The following non-exhaustive list shall be considered force majeure: depletion of stock due to unexpected circumstances, delays in or failure to deliver by suppliers, destruction of products as a result of accidents, breakdown of machinery, strikes or lock-outs, riots, war, epidemics or pandemics, floods, high absenteeism due to illness, electronic, computer, internet or telecommunications failures, fuel shortages, or failures attributable to third parties.
Any substantial event which seriously impedes or hinders the execution of the agreement by Hout - Bois Van Steenberge shall give rise to a renegotiation between the customer and Hout - Bois Van Steenberge, without any possibility of judicial intervention. If no new agreement can be reached within a reasonable period, Hout - Bois Van Steenberge shall be entitled to unilaterally dissolve the agreement or to postpone or suspend its execution without the customer being entitled to any damages. The unilateral dissolution or suspension of the agreement shall be notified to the customer by ordinary letter.
Article 5. Take back of delivered goods
- In principle, delivered goods are not taken back. If in certain exceptional cases we agree to take back delivered goods, this will be done at 80% of the invoiced value. The difference constitutes the compensation for the additional costs of trading.
Article 6. Protection of personal data
Article 7. Applicable law and competent court
All legal actions relating to these invoices or contracts fall under the jurisdiction of the Business Court of Ghent, Oudenaarde division, or the Justice of the Peace Court of the subdistrict of Zottegem-Herzele, seat Zottegem. However, Hout - Bois Van Steenberge can also bring the legal action before the court of the debtor's domicile.