GENERAL TERMS AND CONDITIONS OF SALE

Prices
All specifications and price quotations are based on the wages, material costs and other economic factors applicable at the time of the offer. In the event of any increase in such factors, we reserve the right to adjust the prices proportionally.

Orders
Orders accepted by our representatives shall only become binding upon our written order confirmation.

Cancellation
In the event of cancellation of the order by the buyer, a flat-rate compensation amounting to 10% of the total order value shall be due.

Delivery
Delivery times are provided for information purposes only and are not binding. Any delay in delivery shall not give rise to any right to compensation or to termination of the agreement.

Liability
We shall only be liable for our own gross negligence or for the gross negligence or fraud of our employees.
In any event, our total liability under the agreement shall be limited to the value of the goods delivered, to the exclusion of all other costs, fees or damages.
Under no circumstances shall we be liable for any indirect, incidental or consequential damages.

Transport and Risk
The goods are transported at the buyer’s risk. Transport costs shall be borne by the buyer, unless otherwise agreed in writing.

Collection and Storage
If the buyer fails to collect the goods on the date communicated, we reserve the right to consider the agreement terminated by operation of law after a period of fifteen (15) days, without prior notice of default.
Any storage of the goods pending delivery or collection shall be at the buyer’s risk and expense.

Force Majeure
If performance of the agreement becomes impossible due to force majeure, strike, lock-out or similar circumstances, we reserve the right to terminate the agreement without any entitlement to compensation.

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

Complaints
Any complaints relating to the delivery must be submitted in writing within eight (8) days following delivery and in any case prior to any use or resale of the goods.

Invoices and Payment
Any protest against an invoice must be made in writing within eight (8) days of the invoice date, stating the invoice date and number.
All invoices are payable within one (1) month of the invoice date, unless otherwise stipulated in writing.

Late Payment – Interest and Damages
In the event of non-payment of an invoice on its due date, a fixed and one-off default interest amounting to ten per cent (10%) of the invoice amount shall be due automatically and without prior notice of default.
In addition, a flat-rate compensation amounting to ten per cent (5%) of the outstanding invoice amount, with a minimum of EUR 75.00 and a maximum of EUR 20,000.00, shall be due automatically and without prior notice of default.

Retention of Title
All delivered goods shall remain the exclusive property of the seller until full payment.
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

Warranty
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 on spare parts unless otherwise stipulated
The warranty period may not be extended or renewed under any circumstances, unless expressly agreed in writing by C-METALS, even if an initial repair or replacement has been carried out under warranty.

Any warranty obligation of C-METALS shall lapse immediately and automatically if the buyer carries out repair works himself or has repair works or technical assistance performed by third parties, without the prior written consent of C-METALS.

Applicable Law and Jurisdiction
All agreements and disputes shall be governed by Belgian law.. 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.