General conditions

1. Orders

All prices are in Euro, ex warehouse. All orders must be signed by the buyer and sent by fax, e-mail or letter. By placing an order, the buyer automatically accepts these Terms and Conditions. Any general terms and conditions of the buyer or any other party do not apply under any circumstances.

2. Packaging

Unless otherwise agreed, goods ordered will be delivered in original packaging. Quantities may be changed to match standard packaging. If the goods are delivered on euro exchange pallets, they will be exchanged immediately. If not, a cost of €20.00 per pallet will be charged to the customer.

3. Delivery time

Delivery times may be communicated upon request upon receipt of the order and shall commence from the date that the company is in possession of all documents necessary to fulfill the order. Extended delivery times may in no case give rise to a breach of contract, nor to the claim for compensation. The delivery times given are purely indicative. Under no circumstances shall the buyer be entitled to cancel the order if the stated delivery time is exceeded. Nor is he in such a case entitled to any damages or compensation.

4. Deliveries

The company reserves the right to make partial deliveries, unless expressly agreed otherwise with the buyer at the time of the order. It retains ownership of all delivered goods as long as the buyer has not fulfilled all his obligations to the company. This means that in the meantime, the buyer does not have the right to sell these goods or give them as guarantee to third parties.

5. Receipt of deliveries

The buyer is obliged to examine the goods ordered immediately upon delivery for their conformity and/or the presence of any defect. All complaints will be considered unfounded if they are not circumstantially justified and transmitted by registered letter, fax or e-mail within a period of two working days after delivery. In any event, a claim for a visible or hidden defect must be made in court within a period of 7 days after the purchaser became aware of it or could reasonably have become aware of it, failing which the claim will be inadmissible.

6. Return of goods

Except in case of damage or non-conformity of the delivered goods attributable to the seller, the delivered goods will not be taken back.

7. Liability

The vendor’s warranty is limited, at his discretion, to (i) the repair or (ii) the replacement free of charge of the defective or non-conforming products, excluding the right to any additional compensation, or (iii) compensation that does not exceed the value of the defective goods. In any event, the seller’s potential liability shall be limited to the cover provided by its Civil Liability insurer to the extent that, for the specific claim, cover is effectively provided by its insurer. Under no circumstances shall the seller be liable for damage caused by the improper use of the products, either by the buyer or a third party, or for damage resulting from the transport of the goods or from their incorrect storage. Under no circumstances can the seller be held liable for any indirect damage, such as but not limited to loss of goodwill, reputation damage, loss of turnover, etc.

8. Payment

The seller reserves the right to stop all deliveries if payment terms are not met or if there is evidence that the buyer’s solvency is compromised. Payment terms are 30-day invoice. Discounts for cash payment will not be granted. In the event of non-payment or incomplete payment on the due date, late payment interest, plus a lump-sum indemnity of at least €50.00, as stipulated in the Law of August 2, 2002 combating late payment in commercial transactions, may be charged. The seller also reserves the right, in the event of late payment or if there are indications that the buyer’s solvency is at risk, to suspend the execution of any current orders. Also, in both cases, all outstanding invoices shall become immediately due and payable and the seller may place the buyer on “prepayment” indefinitely for future orders.

9. Jurisdiction and applicable law

The contractual relationship between the seller and the buyer is governed exclusively by Belgian law. Only the courts of Leuven are competent to take cognizance of any dispute arising from the contractual relationship between the parties.

10. GDPR (General Data Protection Regulation).

For the Hospidex Privacy Statement, please www.hospidex.eu consult.
01/02/2019

The above general conditions replace all previous versions and apply to all the companies of the Hospidex Group: Hospidex NV, Hospidex BV, Hospidex France SAS, Sissel Benelux BVBA, Hospidex Group BV and Hospidex Holding NV.