General terms and conditions
Article 1: Validity
These general terms and conditions apply to all quotes and agreements, as well as to all services and deliveries provided by Jeso Cards. Any deviations shall only be decided by means of special terms and conditions, to be agreed in advance and in writing. As such, these terms and conditions shall always prevail over any of our co-contractor’s general terms and conditions. By accepting a quote or placing an order or commission, the buyer expressly accepts these general terms and conditions without any reservations. Article 2: Quotes and prices All quotes made by Jeso Cards in any form whatsoever, whether general or special, only bind Jeso Cards after written confirmation of acceptance of the order by the buyer. Prices are calculated at current market value on the date of delivery, unless expressly agreed otherwise. When placing an order the buyer accepts that Jeso Cards is entitled to increase the price, if prices of materials, wages, social charges, etc., have undergone an increase since the date of the agreement. Such a price increase shall be notified in writing to the buyer and shall be binding to the latter. Article 3: Delivery All goods sold by Jeso Cards are delivered to our warehouses and the buyer shall provide and pay for transport to the location chosen by them. Acceptance of the goods shall take place in our warehouses before loading the transport method, from which time the risk is transferred to the buyer. Loss and damages shall also be borne by them from then forward. The fact that the goods are delivered free to the destination does not alter this rule. Article 4: Warranty The warranty can at the most be that which is provided by the manufacturer and under the limitations listed below. The warranty does not apply to visible defects from acceptance of the goods in our warehouses. For hidden defects, except in the event of intent on our part, the warranty is only provided if a detailed and valid complaint is submitted within 8 days of delivery. In the latter case our warranty is limited to the replacement with similar goods, whereby all costs such as transport, insurance, etc., shall be borne by the buyer. With the express exclusion of any indirect damage, be it to persons, objects, or the goods themselves. Any complaints are to be submitted in writing. The warranty shall become invalid upon non-compliance with the maintenance recommendations provided with the deliveries, if the delivered goods have been used incorrectly or if the customer has carried out changes and repairs without our express permission. Article 5: Restriction of ownership As long as the buyer has not fully complied with their obligations vis-à-vis our company, the delivered goods remain the property of Jeso Cards. Nonetheless the buyer shall carry the risk of loss or damage to the goods from the time of delivery, for any reason whatsoever and/or for damage caused by said goods. Without the knowledge of Jeso Cards, the buyer is not authorised, before payment, to transfer the goods to third parties and Jeso Cards shall remain their owner insofar as they have not been processed. Non-compliance with this provision shall give rise to the purchase price becoming fully payable with immediate effect. Without prejudice to their other rights, Jeso Cards is irrevocably authorised by the buyer, should the latter not comply/comply late with their payment obligations, to take back the goods or to dismantle them and take them back if they are mounted on movable or immovable property, without any proof of default or judicial intervention. Article 6: Force majeure In the event that delivery is prevented as a result of force majeure or is greatly impeded, the seller is entitled to adjust the agreement to the circumstances, or to cancel the agreement. In these terms and conditions "force majeure" is understood to mean any circumstance or event not attributable to the seller as a result of which compliance with an obligation by the seller is prevented in full or in part, on the grounds of which compliance cannot be reasonably demanded or is greatly impeded. The buyer shall expressly relinquish any compensation. Article 7: Receipt and inspection
Inspection of the quantity, measurements, weight or packaging of the delivered goods is to be carried out by the buyer. Where not immediately disputed, the information on the consignment notes, delivery slips or similar documents, shall be recognised as correct. All other comments must be submitted at the latest within 5 days of delivery by the buyer to the seller. Comments do not entitle the buyer to suspend payment.
Article 8: Payments - All invoices are payable on their date, net, in cash and without discounts, at our address.
- Non-payment within 8 days of the date of dispatch of the invoice shall lead to conventional late interest of 1.5% per month being due on the provisional invoice amount as of its due date, automatically and without proof of default. In addition, such late payment constitutes contractual neglect on the part of the buyer, which leads to the authorisation to immediately and without any proof of default, suspend deliveries or take back the sold items, wherever they may be, and this until the overdue invoice is paid, including interests. In other words, in the event of a sale, the customer will only become the lawful owner of the delivered goods after payment of the full sales price, where applicable, increased by late interests, compensation and legal fees. The same applies in the event of bankruptcy or closure of the buyer’s company.
- In addition to the provisions under Article 8.2 and without detracting from it, it is agreed that defaulting customers are to settle overdue invoices within 8 days of any reminder by regular letter, and shall lawfully owe a conventionally established compensation of 20% on the owed invoice amount, for a minimum of €100 as a fixed compensation. This compensation covers additional administrative fees, accounts receivable control, unavailability of funds, etc. The compensation shall remain due even if the principal alone of the overdue invoice is paid.
- In order to be admissible, objections must be submitted in writing at the latest within 8 days of the date of the invoice.
- If Jeso Cards requests the buyer’s bankruptcy of the buyer or the renter, the latter shall also owe, in addition to the amount due and any relevant legal and/or extrajudicial fees, expenses related to the bankruptcy requests.
Article 9: Jurisdiction
In the event of disputes, regardless of their origin, and even in the event of plurality of defendants, the issuing of bills of exchange and novation, the courts of the city of Antwerp shall have sole jurisdiction. |
