General Sales ConditionsArticle 1 GENERAL
1.1 Unless otherwise stipulated in writing by us or expressly agreed to the contrary, the following general terms and conditions, which are deemed te be known by, and unreservedly accepted by our customers, shall be applicable to the general relationships between the N.V. Chemicar Europe and its customers.
1.2 Application of the customer’s general terms and conditions is expressly ruled out.
Article 2 PAYMENT
2.1 All our invoices are payable in cash, without discount, at the registered offi ce of Chemicar Europe within 30 calendar days of the invoice date.
2.2 In the event of non-payment of any amount by its due date, interest on arrears at the rate of 15% p.a. shall automatically be applied, ipso jure and without prior notifi cation. Furthermore, contractual compensation of 15%, subject to a minimum of E 40.00, shall be added to this amount by way of indemnifi cation for the administrative costs caused by this late payment.
2.3 Bills may only be made out with our permission. The act of drawing serves as payment on condition of subsequent collection. Discounts, exchange costs, exchange taxes and other levies and charges are payable by the customer.
Article 3 COMPLAINTS
3.1 Complaints are only taken into consideration if these are submitted to the registered offi ce of Chemicar Europe in writing, and sent by registered post, within 14 calendar days after dispatch of the invoice.
3.2 Complaints received after this period shall not be taken into consideration. At the same time, the reason for complaint must be clearly expressed.
Article 4 TRANSFER OF TITLE
Ownership of all products delivered and services provided to the customer by Chemicar Europe remains with Chemicar Europe as long as the customer has not fulfi lled his payment obligations vis-à-vis Chemicar Europe.
Article 5 CANCELLATION OF THE AGREEMENT
5.1 Should the invoice not be paid, Chemicar Europe retains the right to cancel implementation of the agreement, in whole or in part, until full payment of the due amounts has been effected.
5.2 In the event of default on payment, Chemicar Europe also retains the right to cancel or dissolve the agreement unilaterally, by letter sent by registered post, without any compensation or period of notice.
Article 6 APPLICABLE LAW AND COMPETENCE OF THE COURTS
6.1 The development, implementation or interpretation of the order form, the agreement and the general terms and conditions shall be governed by Belgian law.
6.2 All disputes relating to the development, implementation or interpretation of the order form, the agreement and the general terms and conditions fall under the exclusive competence of the courts and the justice of the peace coourts of the jurisdiction in which the registered offi ce of Chemicar Europe is established, said offi ce also being the address for domiciliation or the agreed method of payment, without prejudice to the right of Chemicar Europe to bring the disputed matter before the local court.