GENERAL SALES CONDITIONS
These general terms and conditions of sale are an integral part of our quotations and of each sales agreement and/or framework agreement as entered into by HTB and the customer.
HTB’s Terms and Conditions of Sale take precedence over any other differing general terms and conditions of purchase or sale of the Customer
Any deviation from or amendment to these Terms and Conditions of Sale will only be valid if it is in writing and expressly accepted by HTB.
Orders as placed by customers will be accepted only upon express written confirmation by HTB and under HTB’s Terms and Conditions of Sale. If the customer cancels an order – approved or unapproved – HTB is entitled to claim compensation equal to 20% of the order price, whereby this compensation shall not be less than EUR 50.
HTB bears no responsibility regarding deliveries. HTB always provides itself with the right to postpone deliveries of the goods in the event of reduced inventory and to distribute them in the manner it deems expedient. Late deliveries can under no circumstances give rise to compensation to the customer. In the event of force majeure, HTB shall be expressly relieved of its obligation to deliver and any damages incurred shall be borne by the customer.
Once the goods leave our warehouses or depots, the risk of the goods is transferred to the customer, subject to the responsibility of the carrier.
In case of damage or loss, the customer must assert his rights against the carrier. He may not, for any reason, refuse, reduce or delay payment of invoices.
HTB’s invoices are payable on the due dates specified on the purchase order or are payable in cash if the purchase order does not specify. The non-payment or late payment of an invoice, in whole or in part, shall automatically and without prior notice result in the following:
- the due date of all other invoices, whether due or not.
- an increase of 15% of the sum due, with a minimum of €50, by way of lump-sum compensation for collection costs.
- from the due date of the invoice, default interest will be charged at an annual rate of 1% per month.
In the event of late payment, we reserve the right, without prior notice, to suspend our performance, whether resulting from this contract or from earlier or later contracts. Failure to respond to HTB’s registered notices of default warrants attachment.
- COMPLAINTS, VISIBLE AND HIDDEN DEFECTS
Unless otherwise stated in the present conditions, complaints concerning visible defects and the conformity of the material sold must be made no later than two days after receipt of the material and this by means of a registered and motivated protest before the material was put into use in any way. Possible defects should also be noted on the delivery receipt. If such complaints are made after the material has been collected or the period for collection has expired, the customer will have to prove that the visible defects and/or non-conformity were present at the time of collection and/or after the period for collection has expired. Under no circumstances may such a complaint be a pretext for the customer not to make payment of all or part of the price in accordance with the terms of the special or general conditions. Complaints relating to hidden defects will only be admissible if they are brought to HTB’s attention in a registered and sufficiently substantiated letter no later than six months from the date of delivery and also within eight working days of the discovery of the defect.
The burden of proving timeliness and when the damage occurred rests with the customer.
HTB only undertakes to replace or repair the parts recognized by it as defective, to the exclusion of all other compensation for direct and/or indirect damage such as depannage, immobilizations, personal accidents or damage to property of the customer or third parties, etc. The customer will reimburse HTB for travel and accommodation expenses outside Belgium. The customer shall indemnify and hold HTB harmless against any claim by third parties against HTB for damage caused by the purchased goods, even in the case of visible or hidden defects and even subject to gross negligence on the part of HTB.
- RETENTION OF TITLE
The goods remain our property until full payment of the sales price. In default of payment and upon simple written service, we may take back the goods and cancel the contract.
In case of nullity of any of the above provisions, they will be replaced by valid provisions in accordance with the spirit of the clause and the responsibility and/or obligation assigned therein resting on the party named therein.
- APPLICABLE LAW
Our agreements are subject to Belgian law.
- JURISDICTION CLAUSE
In case of disputes, only the courts of Antwerp will have exclusive jurisdiction.