Terms and conditions of sale

GENERAL CONDITIONS

1. The following general terms and conditions govern every offer, sale, acceptance, delivery of merchandise or work by BV Bijenhof. The client is deemed to know and accept the general terms and conditions as stipulated below by the mere fact of placing an order and/or receiving the invoice, regardless of any conditions the client would state on his own documents.

2. Our prices and offers are without obligation and without obligation on our part. The quotations are made in good faith, but only approximate. All legal charges and taxes are borne by the client.

3. The delivery times are given in good faith but only approximate. Circumstances such as fire, strike, lock out, explosions, floods, bad weather, breakdown of machinery, scarcity of motive power, raw materials, fuel, equipment, workers or means of transport, accidents, ..., as well as all circumstances delaying the execution of an agreement, either with us, or from our suppliers or subcontractors, shall in any case be considered as force majeure if they complicate or delay the delivery and entitle us to consider the agreement terminated in whole or in part or to suspend its execution, all this without the client being able to claim any damages. No order may be unilaterally cancelled or rescinded by the purchaser due to the expiry of the delivery period. Delays in delivery shall not entitle the customer to compensation. Changes to the order automatically mean that the initially assumed delivery deadlines expire.

4. In case of sale, the goods are received and accepted in our warehouses, before their departure. All goods and materials ordered, both in case of acceptance and purchase, are always transported at the client's risk and peril, even when it has been agreed that we are responsible for the transport. Storage of the goods pending delivery or collection is at the client's risk.

5. All goods remain our property until the client has fulfilled all his obligations towards BV Bijenhof, including those arising from other transactions. The client acknowledges that this retention of title clause has been brought to his attention and accepted by him before delivery of the goods. In view of the retention of title, it is forbidden to alienate the delivered goods for full payment and this under penalty of an additional fixed compensation, equal to half of the price of the delivered goods. The client is allowed to use the delivered goods before full payment, but not to make them unrecognizable in any way, under penalty of a fixed compensation, equal to half of the price of the delivered goods. Moreover, these clauses do not affect the transfer of risk to the client as soon as the goods are sufficiently segregated and in any case as soon as they are delivered.

6. Insofar as the acceptance would not have been explicitly made, visible defects or complaints concerning the conformity of the delivery, both in case of sale and acceptance, must be made by registered and motivated letter within 3 days after the delivery of the goods and/or within this period from the completion of the work. Complaints concerning the invoice must be made by registered and motivated letter within 8 days after the invoice date, under penalty of forfeiture.

7. Unless otherwise agreed in writing by BV Bijenhof, the invoices of BV Bijenhof are always portable and only payable in cash, net and without discount or setoff, immediately to the address of the registered office at 8501 Kortrijk, Moravie 30 or to the bank account to be designated by BV Bijenhof. Appointees of BV Bijenhof are not authorised to accept payments. Any complaints by the client will in no way affect the immediate claimability of the invoices owed to BV Bijenhof.

8. In the event of late payment, the client shall automatically and without notice of default owe Bijenhof interest of 12% per annum on the invoice amount or on the outstanding balance. In the event of total or partial non-payment of the debt on the due date, after unsuccessful notice of default, the debt balance shall be increased by 12% by way of fixed compensation, with a minimum of €125, even in the event of the granting of periods of grace. Failure to pay an invoice on its due date shall result in the forfeiture of the moratorium that would have been allowed for other deliveries and shall render all invoices not due and payable immediately. The defaulting customer shall be liable for all damages and costs, including the costs and fees of our counsel, resulting from the collection of the claim. All collection and protest costs of bills of exchange and/or cheques shall be borne by the client.

9. BV Bijenhof reserves the right, before or during the execution of the agreement, to demand guarantees of payment of the purchase price and/or the execution of the building contract from the client. We have the right to regard the contracts as dissolved by operation of law and without notice of default, in accordance with the provisions of these terms and conditions, without any obligation to pay compensation, if the client does not comply with this request from us. This shall also apply if, in the course of the execution of the contract, the customer's financial situation changes to such an extent that there is reason to fear insolvency or the loss of the guarantees for our claim. This is the case, for example, in the event of a declaration of incompetence, bankruptcy, application for judicial reorganisation, voluntary or judicial liquidation of the client, and so on. The client expressly declares that all the assets he owns against us, by way of guarantee and at any time, may be offset against all debts arising from this agreement.

10. In the event of cancellation of an order and/or work to be carried out, or in the event of early termination of the cooperation by the client, the client is always legally liable to pay compensation, the minimum of which is set at 25% of the agreed price, to prove the more advanced by BV Bijenhof, and without prejudice to BV Bijenhof's right to dissolve the agreement on account of default by the client towards the client.

11. If the client fills and buys products at BV Bijenhof himself with his own packaging, container, bottle or whatever, the client is exclusively and exclusively responsible for his own used packaging, container, bottle or whatever and this as soon as the filled product leaves the storage tank of BV Bijenhof.

12. The agreements are always and exclusively subject to Belgian law. In the event of a dispute, the courts of the judicial district of KORTRIJK shall have exclusive jurisdiction.