All our deliveries are subject to the general terms and conditions of sale mentioned below. Each departure from the present conditions is to be agreed in writing and is subject to the explicit acceptance by our company.
Each order placed by the client automatically involves acceptance of our general terms and conditions of sale, unless explicitly stated otherwise, to the exclusion of the application of the client’s general terms and conditions of purchase and sale.
The delivery period is a mere indication and does not imply any definite obligation at all. Under no circumstances the buyer has the right to lay claim to any kind of damages, dissolution or breaking of the agreement in the event of the delivery time not being respected.
The goods are transported at the buyer’s risk and expense, whatever kind of transport may be used and whatever the place of order may be. The express delivery costs are always at the buyer’s expense.
Dispatch of the invoice is considered a proof of default. In case the invoice is not paid by the due date of payment, the amount due is immediately and completely claimable by force of aw, without any necessity for preliminary notice. Moreover interests shall be charged at the rate of 2% per month. In default of payment, even partially, a compensation for damages of 15% of the amount due will be charged, subject to a minimum charge of 125,00 Euro, in order to cover the damages suffered as well as any legal costs.
For all products delivered by Four Pees NV, the guarantee answers to the specifications given by Four Pees NV suppliers. During the period of guarantee the buyer is obliged to take the defective material to Four Pees NV registered office. Under no circumstances Four Pees NV is obliged to carry out the repairs at the client’s seat, unless the latter has signed a service agreement. Four Pees NV is not responsible for the reconstruction or loss of information. In any case the client is responsible for the protection of the information. Any change made to one of our products automatically involves the loss of guarantee. In the event of hidden flaws, the responsibility of Four Pees NV is limited, either to the repair of the defective product, either to the replacement within reasonable terms. However, Four Pees NV never accepts liability for any damages caused directly or indirectly to persons or goods as a consequence of the use of the product.
In the event of a Four Pees NV approved restitution of goods to Four Pees NV, a re- stocking fee is due amounting to 10% of the amount invoiced.
Cancellation of orders by the customer within the two weeks prior to delivery, are charged 50% of the order value. An order cancellation by the customer more than two weeks prior to delivery will result in a billing of 30% of the order value.
A protest is only considered valid when made by registered mail and within eight days after the date of delivery. The same term is to be considered in case of any damage, which is also to be brought to Four Pees NV notice by means of a registered mail within eight days after its origin. In default thereof, the protest of the damage claim will be considered non-existing.
The invoices are payable in Ghent (Belgium). Payment by means of bank cheque, bill or exchange or any other instrument of payment is only valid in Ghent (Belgium) and does not involve a renewal. Our representatives are not authorized to accept payment of our invoices or to sign validly for receipt of payment.
As a result of tests or other operations, a copyright program may be installed on a product. If such kind of program is inadvertently left on the machine, the client is obliged to bring this promptly to the notice of Four Pees NV management and delete the program. In default thereof, the client is obliged to pay the license.
In contravention to article 1583 of the Belgian Civil Code, Four Pees NV remains the owner of the goods until the day on which the sum and/or interests and/or the compensation for damages are fully paid.
If payment is done by means of a cheque or a bill of exchange, the transfer of property will only be effective after definitive payment of the amount into the bank, whereas the risks are immediately transferred to the client as soon as the goods have left our stockroom.
Any dispute that might arise between parties, as well as any commercial transaction, will be governed by the laws of Belgium. The competent Courts of Ghent (Belgium) shall have exclusive jurisdiction.