Sales terms

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Sales Terms China

  1. For all orders and deliveries only our general sales terms are valid, unless explicit and written derogations have been agreed by us. Buying terms of the buyer, even when not explicatively contradicted by us, do not detract from the above mentioned.
  2. Each modification or cancellation of the order is subject to the written agreement of the seller.
  3. The delivery terms mentioned by the seller are approximate. No order may in any case be cancelled due to the expiry of the mentioned delivery, unless because of abnormal delay due to the seller himself. In that case the buyer has the right to cancel the order 30 days after having sent a registered letter to the seller. The letter of cancellation must also be sent by recorded delivery. The buyer cannot lay claim to indemnification, except for gross fault of the seller. In case of refusal by buyer of the offered goods, the seller reserves himself the right to a compensation of 125 USD/day for storage charges, undiminished other compensations for suffered damage and lack of profit. This from the moment the buyer is pressed by the seller for collecting the goods.
  4. The buyer must respect the agreed delivery term. Apart from the storage compensation (cfr. 3) the seller has the right to cancel the agreement and retains himself the right to a compensation for damage and lack of profit, undiminished his right to the execution of the contract.
  5. In order to be valid, any complaint must be made in writing to our firm, at the latest within 8 days which follow the receipt of the goods. Should a claim be accepted by the seller, his intervention shall be limited to the exchange of the goods not being found conformable. Only original non labeled packed goods returned to the seller will be accepted by the seller. Transport will be organized by the seller.
  6. All the invoices are to be paid in Hong Kong.
  7. Any amount unpaid on the due date shall, automatically, and without prior notice, attract interest at a rate 2% above the legal interest rate, with a minimum interest rate of 12%.
  8. If any invoice remains wholly or partially unpaid on its due date, and there is no valid reason for such non-payment, the outstanding balance shall be increased by 12%. The amount of this increase shall be not less than 50 USD and shall not exceed 15.000 USD, and shall be payable in all cases including those where an extension of credit has been agreed.
  9. Should an invoice remain unpaid on the due date, all invoices shall immediately become due for payment, regardless of their original date of maturity.
  10. Should the buyer fail to honor his engagements, we may consider the contract cancelled and a letter sent by recorded delivery by us to the buyer shall be evidence of our exercise of this right. Such action shall not in a way limit or prejudice our other rights.
  11. The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill of exchange or any other arrangement, nor shall any such act constitute a novation.
  12. If in the opinion of the seller there is a deterioration in the creditworthiness of the buyer on account of measures of juridical execution against the buyer and/or other negative demonstrable events, the seller reserves the right to suspend all or part of any contracts in operation and to ask the buyer to provide such guarantees as the seller may deem proper to ensure the full performance by the buyer of his engagements under the contract. Such request may be made before or after the delivery of all of part of any order. Should the buyer fail to meet any reasonable demand for such a guarantee, the seller shall have the right to cancel all or part of any contracts in operation. Such action shall not in any way limit or prejudice the seller's other rights for damages and interests.
  13. For every cancellation of an order the buyer is due to pay a cancellation compensation of 30% of the amount of the order. This compensation can be higher if the vendor gives proof that the damage he suffered from this cancellation is higher than 30% of the worth of the order. Parties expressly agree that when the buyer cancels one or more previous orders or leaves one or more previous invoices unpaid on their due date, the orders for following deliveries will also be considered as cancelled by the buyer, in which case the same cancellation compensation will apply.
  14. Prices are always without engagement and can be calculated at the rate of the day of delivery even without previous Information. Pricelists cannot be seen as an offer. The risk of change is chargeable to the buyer.
  15. The buyer accepts that differences in the colours of the products can occur. Possible nuances in the colours cannot be chargeable to the seller.
  16. If not stipulated otherwise transport-, customs clearance and other costs are not included in the prices.
  17. Disputes arising out of this contract shall be referred to the Court of Hong Kong.
  18. Until payment in full to us for the goods, the goods shall remain our property. Notwithstanding the foregoing, the risk in the goods and all liability to third parties in respect thereof shall pass to the buyer on delivery. The buyer may sell the goods in the normal course of its business but on condition that the buyer, in a fiduciary capacity as bailee of the goods, and for so long as he has not fully discharged his debt to us, shall hold and pursue claims for the proceeds of their sale equal to the price of the goods for and on behalf of us. The buyer shall fully pursue such claims and if necessary shall recover the sums due by legal process. The buyer shall if so required by us allow us to conduct in the buyer's name legal proceedings in respect of the monies due on the sales of the goods. Any sums recovered by us as a result of such proceedings (including sums accepted by us in settlement thereof whether or not equal of to the sums claimed) shall be applied to the payment of the monies due to us from the buyer and then the reasonable costs incurred by us in the course of such proceedings. Any balance remaining shall be paid to the buyer. Prior to the sale of the goods, the buyer shall, so far as reasonably practicable, store the goods separately from similar goods of the buyer, mark the goods as our property and shall remove, obliterate or in any manner alter any label, mark or other means we have of identifying the goods.

Sales Terms EU

  1. For all orders and deliveries only our general sales terms are valid, unless explicite and written derogations have been agreed by us. Buyingterms of the buyer, even when not explicitively contradicted by us, do not detract from the above mentioned.
  2. Each modification or cancellation of the order is subject to the written agreement of the seller.
  3. The delivery terms mentioned by the seller are approximative. No order may in any case be cancelled due to the expiry of the mentioned
    delivery, unless because of abnormal delay due to the seller himself. In that case the buyer has the right to cancel the order 30 days after having sent a registered letter to the seller. The letter of cancellation must also be sent by recorded delivery. The buyer can not lay claim to indemnification, except for gross fault of the seller. In case of refusal by buyer of the offered goods, the seller reserves himself the right to a compensation of 125 EURO/day for for storage charges undiminished, other compensations for suffered damage and lack of profit. This from the moment the buyer is pressed by the seller for collecting the goods.
  4. The goods are dispatched at the own risks of the consignee, even when parties agree that goods will be delivered at the buyer's place and that transport occurs by order of the seller. When the contract stipulates that the buyer should collect the goods, the buyer must respect the agreed delivery term. Apart from the storage compensation (cfr. 3) the seller has the right to cancel the agreement and retains himself the right to a compensation for damage and lack of profit, undiminished his right to the execution of the contract.
  5. The transport document/invoice signed by the buyer as seen will be considered by the seller as discharge for the definitive delivery of the goods.
  6. In order to be valid, any complaint must be made in writing to our firm, at the latest within 8 days which follow the receipt of the goods. Should a claim be accepted by the seller his intervention shall be limited to the exchange of the goods not being found conformable. Only original non labeled packed goods returned to the seller will be accepted by the seller. Transport will be organized by the seller.
  7. All the invoices are to be paid in Oudenaarde.
  8. The detailed payment terms of this invoice are written on the front side of this invoice.
  9. Any amount unpaid on the due date shall, automatically, and without prior notice, attract interest at a rate 2% above the Belgian legal
    interest rate, with a minimum interest rate of 12%.
  10. If any invoice remains wholly or partially unpaid on its due date, and there is no valid reason for such non-payment, the outstanding
    balance shall be increased by 12%. The amount of this increase shall be not less than 50 EURO and shall not exceed 15.000 EURO,
    and shall be payable in all cases including those where an extension of credit has been agreed.
  11. Should an invoice remain unpaid on the due date, all invoices shall immediately become due for payment, regardless of their original
    date of maturity.
  12. Should the buyer fail to honour his engagements, we may consider the contract cancelled and a letter sent by recorded delivery by us to
    the buyer shall be evidence of our exercise of this right. Such action shall not in way limit or prejudice our other rights.
  13. The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill of exchange or any other
    arrangement, nor shall any such act constitute a novation.
  14. If in the opinion of the seller there is a deterioration in the creditworthiness of the buyer on account of measures of juridicial execution
    against the buyer and/or other negative demonstrable events, the seller reserves the right to suspend all or part of any contracts in operation and to ask the buyer to provide such guarantees as the seller may deem proper to ensure the full performance by the buyer of his engagements under the contract. Such request may be made before or after the delivery of all of part of any order. Should the buyer fail to meet any reasonable demand for such a guarantee, the seller shall have the right to cancel all or part of any contracts in operation. Such action shall not in any way limit or prejudice the seller's other rights for damages and interests.
  15. For every cancellation of an order the buyer is due to pay a cancellation compensation of 30% of the amount of the order. This compensation can be higher if the vendor gives proof that the damage he suffered from this cancellation is higher than 30% of the worth of the order. Parties expressly agree that when the buyer cancels one or more previous orders or leaves one or more previous invoices unpaid on their due date, the orders for following deliveries will also be considered as cancelled by the buyer, in which case the same cancellation compensation will apply.
  16. Prices are always without engagement and can be calculated at the rate of the day of delivery even without previous Information. Pricelists can not be seen as an offer. The risk of change is chargeable to the buyer.
  17. The buyer accepts that differences in the colours of the products can occur. Possible nuances in the colours can not be chargeable to the seller.
  18. If not stipulated otherwise transport-, customs clearance and other costs are not included in the prices.
  19. Disputes arising out of this contract shall be referred to the Court of Oudenaarde.
  20. Until payment in full to us for the goods, the goods shall remain our property. Notwithstanding the foregoing, the risk In the goods and all
    liability to third parties in respect thereof shall pass to the buyer on delivery. The buyer may sell the goods in the normal course of its business but on condition that the buyer, in a fiduciary capacity as bailee of the goods, and for so long as he has not fully discharged his debt to us, shall hold and pursue claims for the proceeds of their sale equal to the price of the goods for and on behalf of us. The buyer shall fully pursue such claims and if necessary shall recover the sums due by legal process. The buyer shall if so required by us allow us to conduct in the buyer's name legal proceedings in respect of the monies due on the sales of the goods. Any sums recovered by us as a result of such proceedings (including sums accepted by us in settlement thereof whether or not equal of to the sums claimed) shall be applied to the payment of the monies due to us from the buyer and then the reasonable costs incurred by us in the course of such proceedings. Any balance remaining shall be paid to the buyer. Prior to the sale of the goods, the buyer shall, so far as reasonably practicable, store the goods separately from similar goods of the buyer, mark the goods as our property and shall remove, obliterate or in any manner alter any label, mark or other means we have of identifying the goods.
  21. EX-WORKS customers must communicate the customs office of transit and the customs office of destination in advance (for the drawing up of the T1 document)