General sales conditions

Offers, orders, cancellations

All offers are without obligation, except if a validity period is mentioned on written offers. Orders, agreements and arrangements by whomsoever are only binding for N.V. Devomat Industries insofar as they have been confirmed by it in writing. All indications of weights and dimensions are only approximate. In case of unilateral cancellation by the co-contractor, he shall owe Devomat Industries flat-rate compensation of 30%, irrespective of any proof of greater damage, to be provided by Devomat Industries. Said damages shall be immediately imputed to any advance payments.

Deliveries

The delivery period starts as from the receipt of the written order. However, N.V. Devomat Industries cannot take or bear any responsibility for any direct or indirect damage caused by the failure to meet the delivery deadline. Deliveries are deemed completed upon departure from our warehouses. All repeat orders above €250.00 (excluding VAT) shall be delivered free of charge to the address to be indicated by the buyer in Belgium. For any order below €250.00 (excl. VAT), a flat-rate surcharge of €20.00 (excl. VAT) will be charged. The goods always travel at the buyer's risk, even if they are sent carriage paid.

Returns

Goods may not be returned without written permission of N.V. Devomat Industries. Such permission to return goods is always subject to all possible reservations and without any adverse acknowledgements. Returned goods always travel at the buyer's risk and will be delivered to our warehouses carriage paid.

Force majeure

All cases of war, strike, lock-out, fire or other cases of force majeure discharge N.V. Devomat Industries from all responsibility and obligations without such cases entitling the co-contracting party to make alternative provisions or to demand replacement. In case of partial performance, equally shared prices will be due, unless expressly stipulated otherwise.

Complaints

Any complaints or remarks must be notified to N.V. Devomat Industries by registered letter within eight days after delivery.

No complaint will be recognised if the buyer himself has performed works on the machines or has worked with other than the permitted abrasives and products.

In case of a well-founded complaint, Devomat Industries reserves the right to choose between replacement and refund of the purchase price subject to the return of the goods concerned. A justified complaint does not authorise the buyer to suspend payment without prior agreement of N.V. Devomat Industries.

Warranty

All devices are delivered with a warranty of 12 months from delivery. However, any specific warranty clauses and/or periods provided for specific machines always remain valid and take precedence over the general warranty mentioned.

Liability

N.V. Devomat Industries can under no circumstances be held liable for any accident or damage occurring with the machines or products or during their use. The buyer undertakes to indemnify Devomat Industries against all possible claims of third parties.

Nor can Devomat Industries be held liable for the result of the use of machines and/or products. Current exemption clauses remain valid even in case of gross negligence of Devomat Industries.

Payments

Invoices are payable in Edegem at the latest within 30 days of the invoice date.

In case of non-payment on the due date, the invoice amount will be automatically and legally increased by 15% with a minimum of € 25,00 as damages.

Interest of 12% shall also be payable from the invoice date until full payment. Both interest and damages are due without prior notice of default.

Bills of exchange or settlement acceptances do not bring about any novation and the racking up of bills of exchange does not bring about any change in the terms of payment as laid down in the present general terms and conditions of sale, except for express and written derogation.

Payments can only validly be made by deposit or transfer to one of the accounts of the N.V. Devomat Industries or by cash payment in the hands of the representative of the company in possession of a discharge signed by the management of the N.V. Devomat Industries.

Retention of title

Irrespective of the agreed or hereby established payment conditions, the purchase is always entered into under the express condition that the goods remain the property of N.V. Devomat Industries until full payment by the co-contractor, without this right of ownership entailing any further responsibility.

Non-fulfilment of obligations

If the co-contractor fails to fulfil any of his obligations towards N.V. Devomat Industries, the latter shall be entitled to regard the agreement and all other agreements existing between the parties as dissolved and to demand immediate payment of all delivered performances and/or goods, notwithstanding previously stipulated payment terms.

N.V. Devomat Industries shall then also be entitled to take back all delivered goods, without any intervention of the judicial authorities.

Advertising material

N.V. Devomat Industries expressly reserves the right to prohibit the use, exhibition and appearance of its trademarks, drawings, texts and models and more generally all advertising material at any time. The brand names Woodboy® and Stoneboy® may only be used by customers, who purchase respective products and abrasives exclusively from N.V. Devomat Industries.

Deviating terms and conditions

The present general terms and conditions cannot be changed in any case, not even by deviating conditions of the co-contractor, except by prior and express written agreements.

Jurisdiction

All possible disputes between the parties concerning the agreement between the parties, its execution and interpretation, fall under the exclusive jurisdiction of the Antwerp courts, Mechelen division.