General terms and conditions of sale
Our terms and conditions of sale apply exclusively and take precedence over those of our customers and our suppliers, unless expressly stipulated otherwise.
Article 2: Order
An order must be accepted by us expressly and in writing prior to our commitment.
Any change to an order must be requested by the customer in writing, on time and allowing for the required production times and shall only be accepted with our written agreement.
In case of cancellation of an order by the customer, the customer is liable by law to pay a compensation of 30% of the value of the ordered product. This fixed compensation shall be due without waiving our right to full compensation for the actual damage suffered.
Article 3: Delivery
3.1. The stated delivery time is only a rough estimate. Unless otherwise agreed or in case of intent or deceit, we shall bear no responsibility whatsoever for late performance and delivery.
3.2. The goods are delivered ex works. Unless otherwise agreed, the shipment will take place for the account of the buyer. Shipment shall at all times take place at the risk of the buyer.
3.3. If delivery is not possible due to a force majeure situation, even temporarily, or in such a way that it would have an considerable effect on the set conditions, we reserve the right to terminate the contract without compensation. Such cases of force majeure may for example include: fire, strikes, lack of raw materials or labour, demands, war, changes in economic conditions which would result in currency devaluation, changes in the customs regime, etc. This list cannot be regarded as an exhaustive list.
Article 4: Payment conditions
4.1. All our invoices are payable in Roeselare. All taxes, expenses, transport and insurance costs are for the account of the buyer, unless otherwise agreed. In the process of the execution of an order we are always free to demand any guarantees for payment which we deem useful.
4.2. In case an invoice has not been paid by the due date, we have the right to suspend the delivery and/or the work or to dissolve the agreement by operation of law. In case of a dissolution, the buyer is legally obliged to pay compensation of 30% of the value of the ordered goods. This fixed fee is payable on top of the unpaid invoice. This fixed compensation shall be due without waiving our right to full compensation for the actual damage suffered.
4.3. All non-expired invoices will become legally due as soon as one invoice has not been paid by the due date.
4.4. Our prices are net amounts and without discount. All sums not paid 30 days after the invoice date or on the due date, legally and without any notice of default being required incur an interest as stipulated in article 5 of the Act on combatting payment arrears in commercial relations.
4.5. In the event of total or partial non-payment of the amount due on the due date, the amount due will, after a notice of default which proved in vain, be increased by 10% with a minimum of 50 euros and a maximum of 1,500 euros, even in the case a period of delay has been granted.
Article 5: Quality
At the time of delivery, the buyer must examine the merchandise for conformity and visible defects. Failure of objection or reservation within 48 hours after delivery shall entail acceptance.
No complaints are accepted with regard to visible defects in goods that have already been delivered to third parties.
The indemnification obligation for any invisible defects is limited to three months from the delivery date.
The guarantee obligation shall at all times be limited to the free replacement of the delivered merchandise.
In case of a dispute concerning the quality of the delivered product and/or the cause of a quality problem, an expert from the Research Center for Mushroom Cultivation in Beitem-Rumbeke shall be appointed to establish the quality issues and to identify the cause. The cost of this expert is borne by the party whose claim proved to be invalid.
We are not liable for loss of business and/or income and any further consequential damage. We are not in any way liable for damage to the health of plants, animals and/or people as a result of the consumption and/or processing of our products.
Article 6: Retention of title:
6.1. The goods remain our property as long as the buyer has not fully paid the purchase price due.
6.2. Despite the aforementioned retention of title, the risk passes to the buyer immediately upon conclusion of the agreement.
Article 7 :
If the buyer orders the goods with a view to reselling such goods abroad, and no separate, explicit, additional or deviating special and prior agreement is entered into, the goods must, at the time of their delivery to the buyer, comply with the Belgian standards for the import, transport, retail sale and consumption of those goods in Belgium as in force at the time of acceptance of the order.
We are not liable for the actions of our appointees, not even in case of intent, deceit or in case we should be seriously at fault.
Any disputes are subject to the exclusive jurisdiction of the Court in Courtrai or of the Justice of the Peace in Roeselare. Only Belgian law is applicable to these general terms and conditions of sale.
In the event of a dispute, the Dutch version of the general terms and conditions will prevail over the French and English versions.