The following terms and conditions shall apply to all quotations, offers, work orders, orders, orders, deliveries, agreements and other documents which could demonstrate commitments on the part of ALEAMED bvba, to the exclusion of the customer’s own terms and conditions, even if these are communicated subsequently. An amendment / supplement to these terms and conditions must be agreed in writing between ALEAMED bvba and the customer. Orders placed by a representative, employee or employee of ALEAMED bvba shall only be valid after written confirmation by a competent person who can bind ALEAMED bvba.
The goods are delivered as specified in the order form or on the front of the invoice.
The price is exclusive of VAT and all taxes, duties and costs due at the time of delivery or afterwards shall be borne by the buyer. The price is the one stated on the order form or agreement, unless ALEAMED bvba is obliged to adapt it to the evolution of its fixed and/or variable costs as a result of a change in its structure (raw materials, wages, energy, …). In this case, the new price, as stated on the front of the invoice, shall apply.
The delivery periods are only provided by way of information and are therefore not binding unless expressly agreed between the parties. Delays in execution can never lead to penalties, damages or dissolution of the agreement. Orders for a total amount of at least 75 euros will be delivered free of charge, without transport costs, over the entire territory of Belgium. For the rest, delivery will be made at the customer’s expense. In any case, delivery is at the customer’s risk.
The customer must accept and check the delivered goods immediately. Defects to the delivered goods and complaints will only be accepted if they are formulated by registered letter within eight days after the delivery of the goods. Hidden defects can only give rise to compensation if they are detected with due diligence and if they are reported within eight days after delivery, in writing, by registered letter. The compensation that can be claimed from ALEAMED bvba shall in any case be no more and nothing more than the replacement of the defective goods, or, at the discretion of ALEAMED bvba, the payment of the price paid by the customer for the delivered goods, to the extent that they are defective.
The delivered goods remain the property of the seller until full payment of the principal sum, costs and interest. In the event of non-payment on the due date of the invoice, the goods already delivered may be taken back by the seller, without prejudice to any right to payment of the invoice, plus the interest/compensation due.
The price stated on the invoice is payable in full, i.e. on the date stated on the invoice. On the prices mentioned by ALEAMED bvba a discount has already been deducted for cash payment.
In the event of non-payment of the invoice on the due date, the price of the invoice shall automatically and without prior notice be increased by an interest rate equal to 12% from the due date until full payment and a fixed compensation of 15%, with a minimum of € 75, corresponding to the nuisance suffered by ALEAMED bvba, as well as by the administrative costs incurred in this respect. The non-payment on the due date of a single invoice shall make the balance due of all other invoices, even those that are not due, immediately due and payable by operation of law. Likewise, in the event of full or partial non-timely payment, the compensation and interest shall be due as mentioned above. The drawing and/or acceptance of bills of exchange or other negotiable documents does not constitute a novation and does not constitute a deviation from the conditions of sale. In the event that ALEAMED bvba does not make a subsequent delivery of its obligations, an equivalent compensation shall be due.
In case of dispute, the invoice must be protested within 8 days of receipt.
In the event of a dispute, the courts of Mechelen or the courts of the buyer’s place of residence, at the seller’s discretion, shall have exclusive jurisdiction. All costs related to the collection by legal means, including the fees of the lawyers of ALEAMED bvba, are at the expense of the customer.
