1 General

These general terms and conditions apply to every purchase and sale agreement concluded by a visitor to this website, hereinafter referred to as the “customer”, with Antislip Company/Facades Forever BV, Scheldestraat 27, 9810 Eke, Belgium (VAT BE0 811 704 512).

These general terms and conditions shall always take precedence over any conflicting terms and conditions of the customer. Any additional terms and conditions of the customer are excluded, unless they have been expressly accepted by us in writing and in advance.

Every sale and every quotation is subject to the sales conditions set out below. These conditions are deemed to be known and accepted by the buyer, even if they conflict with the buyer’s general or specific purchasing conditions. Our quotations are non-binding.

 

2 Orders

An agreement is validly concluded when the order is submitted electronically by clicking on the hyperlink “Agreement for this order”, or by sending an email containing an order.

Orders are only definitively accepted following written confirmation of acceptance, signed by an authorised representative.

Our delivery times are never binding. They are provided for information purposes only. Unless expressly agreed otherwise, we reject any liability for any loss or compensation that may arise from failure to comply with these delivery times.

Any event of force majeure, defects to tools or machinery, lack of motive power, in short, any cause resulting in the complete or partial cessation of operations at our factories or those of our suppliers, without limitation to the cases listed above, shall entitle us to suspend or cancel, in whole or in part, the performance of a contract.

 

3 Liability

Acceptance of our goods shall legally take place upon their departure from our warehouses or factories.

Any goods that are defective or do not conform to the order shall be replaced. Our liability is strictly limited to replacement of the goods, without any other compensation of any kind whatsoever.

We do not accept any complaints concerning goods that have already undergone processing or treatment.

All complaints concerning deliveries must be submitted by registered letter within 5 days of receipt of the goods. Failing this, such complaints shall be inadmissible.

Even where goods are delivered carriage paid, shipment of the goods takes place at the consignee’s risk. Under no circumstances shall we be liable for any damage or shortages identified upon arrival.

 

4 Limited Warranty

• The supplier warrants that all products shall be free from defects in materials and workmanship for a period of twelve (12) months from the date on which the supplier delivers the original products (not replacement products) (the “Limited Warranty”).

• The Limited Warranty shall not apply if (A) the defect results from the use or handling of the products in a manner, under circumstances, or for a purpose other than that approved or instructed by the supplier; or if (B) the products are misused or abused, or if there has been tampering, improper use, modification, neglect, accidental damage, alteration or repairs without the supplier’s consent. Warranty claims shall also not be accepted in respect of normal wear and tear.

• The above Limited Warranty replaces all other warranties, whether express or implied, oral or written, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and title. The Limited Warranty replaces any other warranty or obligation of the supplier in respect of any loss, expense, inconvenience or damage (special, indirect, incidental or consequential) arising from the ownership or use of the goods. Repair, replacement or credit, excluding reasonable wear and tear and depreciation (at the supplier’s discretion) upon return of the goods, shall be the buyer’s sole remedy in the event of any such loss, expense, inconvenience or damage. The buyer acknowledges that the negotiated purchase price reflects the acceptance of this risk and waives any rights to which the buyer might otherwise be entitled in connection with the matters addressed in this paragraph.

5 Payment

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We reserve the right to invoice the goods according to the deliveries made, even where such deliveries are partial.

Where payment is made by bank transfer through the website, the ordered products will only be delivered after receipt of the amount due.

The first order must be paid by means of a pro forma invoice prior to delivery of the products.

Unless otherwise agreed in writing, our invoices are payable within 30 days net. The delivered goods shall remain the full property of Antislip Company/Facades Forever BV until payment has been made in full.

If an invoice is not paid by its due date, all outstanding amounts shall become immediately due and payable, regardless of any payment terms previously granted.

In the event of unpaid receivables, we may require payment in cash for the shipment of each new delivery, irrespective of any conditions previously agreed.

In the event of non-payment of a partial delivery, we shall be entitled to cancel the balance of the order.

In the event of any delay in payment, statutory default interest shall automatically and without notice be charged from the due date.

In addition to the aforementioned default interest, the parties expressly agree that, in the event of non-payment of an invoice on its due date or, where applicable, on the agreed payment date, the amount of the invoice or the outstanding balance shall be increased by 20%, with a minimum amount of €50.00, as compensation for damages.

Unless expressly authorised by us in writing, the customer may not cancel an order.

 

6 Disputes

All disputes arising from this agreement shall be governed by Belgian law.

For all disputes arising from this agreement, the Enterprise Court of Ghent shall have jurisdiction.