GENERAL TERMS AND CONDITIONS OF SALE 

The specifications and price offers are based on the current values of wages and materials. If these are changed, we reserve the right to adjust the prices in a proportionate manner. 

Orders accepted by the representatives are only binding after our written order confirmation. 

In the event of cancellation of the order, the buyer owes a flat-rate compensation amounting to 10% of the value of the order. 

The delivery times are provided for information purposes only and are not binding on the seller. Delay in delivery does not entitle you to compensation or to dissolution of the agreement. 

We are only liable for our own gross error or for the gross error or fraud of employees. 

In any event, our liability to the buyer under the agreement between the parties is limited to the value of the goods delivered to the exclusion of all other costs, fees and damages. 

Under no circumstances shall we be liable to the buyer for incidental or consequential damages (including but not limited to injury, property damage, financial loss, lost profit, personnel costs, damage to third parties, loss of income). 

The goods are shipped at the buyer's risk. The transport costs are, unless otherwise specified, at the expense of the buyer. 

If the buyer does not collect the goods on the date communicated to him, we reserve the right to consider the agreement dissolved after the expiry of a period of fifteen days, without prior notice of default. 

The storage of the goods pending delivery or collection is at the risk of the buyer and is not free of charge. 

If we are unable to perform the agreement due to force majeure, strike, lock-out, etc., we reserve the right to terminate the agreement without any claimable compensation. 

We reserve the right to consider the agreement automatically dissolved and without prior notice of default in the event of bankruptcy, apparent insolvency or any change in the legal situation of the buyer. 

Complaints regarding the delivery must reach us within eight days after delivery and in any case before the use or resale of the goods. 

The protest against the invoice must be made in writing within eight days of the invoice date. You are requested to always state the date and number of the invoice. 

All invoices are payable within one month of the invoice date unless otherwise stipulated. Unless otherwise agreed in writing, all our invoices are payable in cash at HERSEAUX. 

Customers have the option to inspect all purchased goods for technical condition in the company premises before delivery. 

Upon payment of the invoice, the customer accepts the technical condition of the goods even if the customer has not undertaken an inspection. 

Warranty on goods is only a functional warranty and includes warranty on spare parts only. Warranty never includes work, assembly or travel costs. Defective spare parts must be presented for inspection before any warranty can apply. 

Warranty is never longer than 6 months unless otherwise stipulated. 

In the event of non-payment of the invoice within the set term, default interest is due automatically and without prior notice of default amounting to 1% per month of the invoice amount from the due date. 

Also, automatically and without prior notice of default, a flat-rate compensation amounting to 10% of the invoice amount with a minimum of EUR 75.00 and a maximum of EUR 20,000.00 as compensation clause is due. 

Expenses related to unpaid bills of exchange or checks as well as other collection costs are not included in this flat-rate compensation and are charged to the buyer separately. 

In the event of non-payment, we reserve the right to stop further deliveries. We also reserve the right to consider the agreement dissolved automatically and without prior notice of default for the whole or the part that has not yet been performed. 

However, the delivered goods remain the property of the seller until full payment of the sales price plus costs and interests, even if they have been incorporated or modified. However, the risk passes to the buyer upon conclusion of the contract. 

All disputes arising from or in connection with agreements to which we are parties will be settled exclusively by the Commercial Tribunal of Mons and Charleroi, Tournai Division, the Hainaut Court of First Instance, Tournai Division and the Moeskroen-Komen-Waasten Court of Justice, this in accordance with Belgian law.