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General sales conditions

Save explicit and written stipulations accepted by us, every agreement and/or sale is considered to be concluded under the following conditions:

Article 1 :

Only our sales conditions apply. They prevail over those of our customers and of our suppliers, save explicit other stipulation.

Article 2 :

All offers are without commitment. Any order must be explicitly accepted in writing before we commit ourselves, even if the offer has already been signed by our customer.

Article 3 :

The given term of delivery is only a rough estimate. Save any explicit other stipulation or in case of fraud or deceit we can never be held responsible for late implementation or delivery; the customer can neither claim compensation or dissolution of the agreement, not even in case of serious misconduct. Even in case of explicit other stipulation, fraud or deceit, we must first be held liable, then after one month a set compensation of 2.50 euro/day is due till the day of finishing. Even in case of termination of the agreement to our disadvantage, no compensation is payable to the customer, except in case of fraud or deceit.

Article 4 :

The products are supplied ex works. Shipment is at risk of the buyer. If agreed differently, the delivery is free of charge and the risk is to the account of the seller.

Article 5 :

If a case of force majeure should make delivery impossible, even temporarily, or encumbers as such that it would significantly influence the set conditions, we maintain the right to terminate the contract without compensation. Such cases of force majeure might include: fire, strike, deficiency of raw materials or manpower, claims, war, economic changes which might result in depreciation, changers in customs regulations, etc. This list must not be considered as restrictive.

Article 6 :

All our invoices are payable in Roeselare (B), even when bills of exchange are being used. Payments with bills of exchange are only accepted if the bank is willing to negotiate them. Any related costs and interests are always to the account of the customer. All taxes, expenses, shipping and insurance costs are to the account of the buyer, unless agreed differently. In the course of the implementation of an order, we can always demand all guarantees for the payment which we esteem useful. In case the customer fails to pay one or more invoices, we maintain the right to suspend the delivery and/or the works and to take all preservation measures to the account of the customer, without prejudice to all rights and claims.

Article 7 :

Our prices are net and without any discount. All amounts left unpaid 30 days after invoice date or on the due date shall legally and without any proof of default being required, bear an interest of 1.00% per month.

Article 8 :

In case of complete or partial non-payment of the debt on the due date without any severe reason, the debt balance shall, after idle formal notice, be increased by 12% with a minimum of 50 EURO and a maximum of 1,500 EURO, even with granting of extension of time of payment.

Article 9 :

When the products are supplied, the buyer must verify them on conformity and visual deficiencies. Lack of protest or reservation implies acceptance. In case verification is required, it should occur within 48 hours after reception of the products, within the same term the complaints must be transferred by registered mail. No complaint on visual deficiencies to products that were already delivered to third parties, shall be accepted. The warranty obligation for any non-visual deficiency is limited to three months from delivery date. The warranty obligation is in any case restricted to the free replacement of the delivered products. With any dispute on the quality of the delivered products, an expert of the experimentation centre for mushroom cultivation in Beitem-Rumbeke (B) shall be appointed for mediation purposes. He/she shall mediate to assess the situation and he/she shall try to suggest a solution in consultation with both parties. To approach certain disputes in a serene way, the registered cultivation data must be kept by the mushroom cultivator so they can be used in case of dispute. In case of damage we are always entitled to demand inspection of the registered cultivation data.

Parties agree that we cannot be held liable for industrial, economic and/or loss of income damage, and further consequential loss. We shall in no case be responsible for damage to health of plants, animals and/or humans, as a consequence of the consumption and/or use of our products.

Article 10 :

Non-payment on the due date, non-payment of the claimed advances, as well as the nonsupply of the claimed warranties, shall entitle us, without any further summons to cancel or suspend the regarding orders, as well as the implementation of any other order we might have agreed upon with the same buyers. In case we chose to suspend, we can annul the order at any time and without further summons nor reason. This under reserve of all compensations and rights, chargeable to the buyers who failed to pay. In case the buyer should not accept the delivery, we maintain the right to sue implementation of the contract, or to obtain cancellation thereof by single writing, under reserve of all compensations and rights. If despite the stipulations in article 2, we agree to annul an agreement or to implement partial delivery, all actual costs shall be paid by the customer and the already paid advances shall not be returned by us, even if they amount to a sum higher than our expenses, this under reserve of all compensations and rights.

Article 11 : Reservation Clause

All products remain the property of the seller as long as the due sum is not fully paid by the buyer.

Article 12 :

Despite the above-mentioned reservation clause, the risk is transferred to the buyer immediately upon contract closure.

Article 13 :

In case the full amount is not paid on the due date, the sale shall legally be annulled ex tunc, this to the disadvantage of the buyer, after the seller has sent a registered letter to the buyer to inform him/her of the fact that the agreement is terminated to the disadvantage of the buyer. In this case the buyer shall be kept to full compensation and the already paid amounts shall not be returned by the seller. All non-due invoices shall be immediately payable as soon as one invoice is not paid on the due date.

Article 14 :

If the buyer orders the products in order to sell them abroad and no separate, explicit, supplementary or deviating extraordinary and preceding agreement is concluded, the products must, at the moment of their delivery to the buyer, comply with the Belgian standards for import, transport, retail and consumption of those products in Belgium, as they apply at the moment of acceptance of the order.

Article 15 :

If the buyer orders the products in order to sell them abroad and no separate, explicit, supplementary or deviating extraordinary and preceding agreement is concluded, the products must, at the moment of their delivery to the buyer, comply with the Belgian standards for import, transport, retail and consumption of those products in Belgium, as they apply at the moment of acceptance of the order.

Article 16 :

All disputes shall exclusively be dealt with by the authorized Court of Kortrijk (B) or the Peace Court of Roeselare (B). Only Belgian law is applicable.