CONDITIONS OF SALE
Every order is subject to these general terms of sale except for the conditions or habits of the customer, who is regarded to know
our general terms and to accept those solely by placing an order with us. Departures from the supplements to these conditions
shall only be valid, provided that they are confirmed in writing.
All price quotations, even when they are drawn up as a pro forma invoice, are submitted free of engagement, unless mentioned
otherwise. Only the written confirmation of those quotations, including the commitments which our sales representatives or
agents have entered into, applies as an acceptance of the order. Samples and notices on labels and / or technical charts are
purely informative and only provide an approximate description of our products.
The goods are always transported at the risk and expense of the buyer, unless this was stipulated otherwise and confirmed
by us. All complaints regarding to the dispatches are only admissible, provided that the buyer notes an explicit reservation on
the transporter’s packing list upon receipt of the goods, mentioning the number and kind of the damaged or missing goods
and provided that this reservation is confirmed to us in writing within 14 days following the receipt of the goods. The same
rule applies for the shortcomings concerning the conformity and the visible flaws. As from the moment when the buyer has
signed the packing list for receipt and approval, he can no longer turn against the seller, even if the delivered products are
not in accordance with the ordered products. The dispatch may be fractionized depending on the choice of our partnership.
All goods are always supplied “at the threshold of the delivery address”. Any instruction which the buyer gives to the seller’s
personnel, employee or transporter to enter the goods into his premises or to handle the goods in any other way, is carried
out at the buyer’s risk.
The delivery times are indicated approximately and the orders are sent in turn. Except if stipulated otherwise, the consideration
of that delivery time can never lead to a breach of contract, refusal of the goods or remuneration for the costs, damage or
interests. Strikes, accidents and all other causes which might impede our production or supply are considered as cases of force
majeure, which justify a suspension of the delivery time or of the terms for the implementation of the orders, without the buyer
being able to cancel his order or to demand any sort of compensation. Any cancellation and all goods which cannot be supplied
within the agreed delivery times due to a fault of the buyer shall be surcharged by 20% of the value of the contract, if necessary
by an even higher amount should the caused damage exceed that amount of 20%.
The safeguard for the packaging shall be charged in the same way as the goods.
The prices and offers are only given as an indication and are not binding for the seller. The seller is entitled to alter those prices
and offers at all times until the moment when the customer accepts the order. After that acceptance the seller can still modify or
review the prices within the bounds of the law of the 30th of March 1976 (art. 57). He can modify or review the prices in function
of the parameters which relate to the real costs which are part of the final price, but only for that part which they represent in
that final price and maximum for the amount of 80% of the determined final price; except for the orders and contracts which
have been concluded at fixed and non-revisable prices, our goods are supplied according to the prices or price lists which are
valid on the delivery date. The PolySto offers are valid for one month
The payment of the invoices is to take place on the indicated expiry date or, if in default, within 30 days after the dispatch
date mentioned on the invoice. The prices in foreign currencies are determined according to the exchange rate on the day
of the handover of the merchandise. Any modification of this parity shall lead to a proportional modification. Any increase of
import duties, transport charges, taxes and the like between the date of sale and delivery is charged to the buyer. Our invoices
are, except for written stipulations mentioning otherwise, to be paid cash at the buyer’s residence, net and without discount.
Drawing and/or accepting bills of exchange does not imply novation and does not compose a departure from the sales terms.
Any amount which remains unpaid on the expiry date shall lead to an interest, by right and without a letter of formal notice,
which is based on the rate which is applied by the National Bank of Belgium for overdraft facilities in the public bill, increased by
2%. In case of non-payment on the expiry date, we preserve the right to increase the invoice amount by 20%, with a minimum
of 62 Euro. Non-payment of an invoice on its expiry date makes the outstanding balance of all the other invoices, even if they
are not overdue, claimable by right at once. This contingency allows us to suspend or to renounce the implementation of our
agreements, without us owing any compensation for that. Without reducing the buyer’s risk relating to the goods, we preserve
the right of ownership on the supplied goods until the full amount has been paid. The paid advances shall remain property of
the seller to reimburse possible losses from resale. No complaint or argument authorizes the buyer to suspend the payments.
The buyer is obliged to treat and use our product according to the rules of the art and according to special handlings, which
are assumed to be known by the buyer. A wrong application or a usage for other purposes than the purpose originally communicated,
excludes any responsibility from our end. Our liability is limited to the quality of our products. Should the quality be
defective or if does not comply, then our agreement and such, regardless the consequences of that defect, is restricted to the
qualitative replacement of the faulty product and if that is not possible, to a price refund. Apart from that element, we reject any
liability concerning loss of profits as far as this is not prevented by forcing laws. Any action regarding latent defects shall only be
acceptable within a term of 3 days following the receipt of the goods.
Suggestions and advice are provided to the best of our knowledge and ability and under no circumstance do they make us
liable in any way, including for loss of profits. That rule also prevails for tests and demonstrations, carried out in the buyer’s own
name or in the name of our suppliers. Those tests and demonstrations take place without any warranty. They do not release the
buyer from carrying out tests and research with a view to his own specific applications.
APPLICABLE RIGHT AND COMPETENT COURTS
Any contract is subject to the Belgian law and only Belgian courts are competent to settle the conflicts. All conflicts are subject
to the exclusive authority of the court which is authorized to act in the territory of the seller’s head office. The fact that one of
the clauses included in these general terms might be invalid or might be declared invalid, does not affect the validity of the
The buyer declares he has been fully informed by the seller about the terms of application and usage of the supplied products.
The buyer also confirms that he has had information at his disposal which was available at that time, either technical information
or labels, and that he agrees with the contents. The seller therefore rejects any claim for compensation in advance.
RESERVATION OF OWNERSHIP
The title in the goods shall pass to the Buyer only when payment in full has been received by the Seller for all goods whatsoever
supplied (and all services rendered) at any time by the Seller to the Buyer. The Buyer shall permit the servants or agents of the
Seller to enter on to the Buyer’s premises and repossess the goods at any time prior thereto. As long as payment has not been
effected the Buyer cannot sell, pledge or offer goods as guarantee or collateral security. Should the goods (or any of them) be
converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever
and in whatever proportions, the conversion shall be deemed to have been effected on behalf of the Seller and the Seller shall
have the full leg al and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of
such converted goods in relation to any third party, and the Buyer hereby indemnifies the Seller in relation thereto. In the case
of non-payment at the due date and upon demand the Buyer must return forthwith to the Seller all merchandise unpaid for.