GENERAL TERMS AND CONDITIONS

 

1.Except if otherwise agreed in writing, the general terms and conditions below as well as the special conditions, of which the customer acknowledges to have taken note, apply to the sales and delivery contracts and/or the works concluded with and/or by BVBA LP Promotions.

 

2. If unforeseen circumstances take place beyond the control of LP Promotions, which change the terms and conditions of the contract, particularly supposing that the delivery should become impossible under the original terms and conditions, BVBA LP Promotions will be validly discharged of its obligations without being held to pay any compensations for that reason.

 

3. The models will remain the suppliers property during 36 months after the delivery of the models including the time of development.

 

The goods are supposed to have been approved by the customer at the time of delivery: no complaints about a lack of conformity or visible defect will be accepted if not mentioned on the delivery note or not reported within 48 hours after delivery in writing either by fax or e-mail. BVBA LP Promotions will only consider hidden defects of the delivered goods, insofar as the presence of such defects was reported to it by the customer not later than 48 hours after discovering it, in writing by fax or e-mail. In such case the seller’s guarantee is limited to replacing the defective goods without any other form of compensation,

 

4. The risks are transferred to the customer from the moment the contract is concluded – to such extent that the goods are always transported at his own risk. In case of damage, shortcomings or delays imputable to the transport, the customer will only have recourse for compensation against the transporter, excluding BVBA LP Promotions.

 

5. The goods delivered by BVBA LP Promotions will only become the customer’s property after the full price is paid. Therefore the customer will not be able to validly sell, transfer or stand surety for or dispose of the goods before the full payment has taken place.

 

6. Unless otherwise stipulated on the invoice, the goods are always payable within 14 days after receipt of the invoice and to the registered office of BVBA LP Promotions.

 

7. On penalty of inadmissibility, each complaint of any nature whatsoever, about the invoice sent to the customer by the BVBA LP Promotions, shall be submitted in writing by fax or e-mail not later than 8 days after receiving the invoice.

 

8. Each amount not paid to BVBA LP Promotions within a term of 45 days, can be increased with an interest of 1% a month.

 

9. When failing to pay an invoice after 30 days a first reminder will be sent. When failing to pay after 60 days BVBA LP Promotions is entitled to consider the contract to which such invoice applies as legally terminated to the detriment of the customer.

 

10. In case of rescission by the courts of the contract concluded between BVBA LP Promotions and the customer, or in case the clause provided in the previous article is applied, a fixed amount of damages will be charged.

The percentage covers the annulment costs and the loss of profits on the interrupted operation.

 

11. Only Belgian law applies in case disputes arise about the elaboration, execution or interpretation of the contract concluded under these terms and conditions. Only the courts of the district of Leuven are competent for all disputes.