Except for agreements to the contrary (eg renting) or special conditions stated on the front of the invoice or of the order form, the conditions stated below apply only and to the exclusion of any other.
In order to bind our company, every order must be confirmed in writing by DB&S Machines BV.
Delays in the delivery or no longer in stock of ordered products, for whatever reason, can under no circumstances give rise to cancellation of the order or to claim any compensation.
The goods travel at risk and at the risk of the consignee.
DB&S Machines offers no guarantees on software products that it offers and sells, but of which it is not the producer. In the event of defects or malfunctions in this software, the interventions by DB&S Machines will be charged in accordance with the standard rate.
Any complaint, in order to be valid, must be submitted to our company in writing and at the latest within 5 days following receipt of the goods.
Unless otherwise stated in writing, all invoices are payable within 30 days of the invoice date in Hooglede, Belgium.
Unless otherwise provided, our agents or representatives may not collect the amount of the invoice.
The exchange rate risk is borne by the buyer.
The drawing and/or acceptance of bills of exchange or other negotiable documents does not constitute novation and does not constitute a deviation from the terms and conditions of sale.
Any amount that remains unpaid on its due date will automatically and without notice give interest calculated on the basis of the Belgian legal interest rate in accordance with the law on combating late payment in commercial transactions, increased by 2%, with a minimum interest rate of 12%.
In case of non-payment on the due date, we reserve the right to increase the amount of the invoice by 10%, with a minimum of EUR 75.
The non-payment on the due date of a single invoice makes the balance due on all other invoices, even those not overdue, immediately due and payable by operation of law and immediately suspends the obligations arising from the agreement to which these invoices relate until the moment of payment.
If the buyer fails to perform his obligations, the sale can be dissolved by operation of law and without notice of default, without prejudice to our rights to all damages and interests. An expression of will to this effect by registered letter by us will suffice for this.
If our confidence in the creditworthiness of the buyer is shaken by acts of judicial enforcement against the buyer and/or demonstrable other events that call into question and/or make impossible the confidence in the proper performance of the commitments entered into by the buyer, we reserve the right to the right, even if the goods have already been shipped in whole or in part, to suspend all or part of the order and to demand suitable guarantees from the buyer. If the buyer refuses to comply with this, we reserve the right to cancel all or part of the order. All this without prejudice to our rights to all compensation and interest.
RETENTION OF TITLE The goods remain our property until full payment of the price. All risks are borne by the buyer. The advances paid remain acquired by us to compensate for possible losses in the event of resale.
In the event of resale, resale, processing or any other act by which the buyer disposes of, consumes or changes in nature the goods that are still wholly or partly the property of DB&S Machines BV, without DB&S Machines BV's permission to do so, the resulting claims obtained from the buyer will be transferred by operation of law to DB&S Machines BV without DB&S Machines BV being liable for any form of compensation.
DB&S Machines BV accepts no responsibility and can therefore not be held liable if, after delivery of the ordered machines, goods, services and/or software, problems with regard to compatibility arise that cause machine failure and/or damage of any kind. By accepting the machines, goods, services and/or software, the customer acknowledges that he has been sufficiently informed about the possible risks and all possible consequences of possible incompatibility, failure, failure of the delivered goods, damage to raw materials, materials, etc. … and this during the unavoidable and necessary period that is necessary to adapt the supplied hardware and software to each other and to the existing or supplied equipment and thus to solve all compatibility problems.
Regardless of the cause of the damage and its consequences limited to the value of the delivered machines, goods, services, software, interventions by DB&S MACHINES BV.
In case of dispute, the courts of Bruges, Belgium have jurisdiction and Belgian law applies.