GENERAL CONDITIONS

General conditions

  1.  These general conditions apply to all offers, orders, purchase and sale agreements, contracting agreements by, with and from A.Donck & Sons. All deviations are subject to prior written consent of a director of A.Donck & Sons. General conditions of the customer are explicitly excluded.
  2. All prices, proposals or offers, both verbal and written, are without engagement and not binding to A.Donck & Sons. A contract is only concluded after explicit confirmation by A.Donck & Sons. Any order, supply and / or confirmation of the customer commits him irrevocably. If the customer for any reason cancels, refuses or makes the delivery of goods impossible, the contract shall automatically be dissolved and the customers is charged with a compensation which the minimum is set at 50% of the price, excluding VAT.
  3. A.Donck & Sons’s delivery and execution periods are only indicative. The customer does not have the right to cancel the order or demand damages due to non or late delivery or execution.
  4. The risk of the goods is transferred at the moment A.Donck & Sons holds them at the disposal of the customer. The risk of goods owned by the customer and subject to a contracting agreement with A.Donck & Sons, remains at all times at the expense of the customer, however the goods sold by A.Donck & Sons only become property of the customer after full payment of the price, as the case may be increased by interest and additional fixed damages. Regardless of what is stated in previous sections, the customer and A.Donck & Sons may agree that A.Donck & Sons takes care of transportation. The risk and cost of storage, loading, transport and unloading will in that case also be at the customer’s expense. The customer can insure himself against these risks. After A.Donck & Sons has reported that the goods are at the disposal of the customer, the customer will immediately take all necessary actions to receive the goods. If the customer does not meet this obligation, the goods will be stored at the customer’s full risk. All trolleys, shelves and metal extensions used for delivering the goods, are property of A. Donck and Sons NV. Incomplete return of trolleys, shelves and metal extensions, at delivery, will be invoiced at 85 EUR per trolley, 10.00 EUR per shelve, 1 EUR per metal extension and 15 EUR per euro palette.
  5. The invoice is payable cash without discount to the A.Donck & Sons’s registered office in Roeselare. Incomplete payment of an invoice when due, makes all other invoices, whether or not due, claimable by virtue of law and without prior notice of default. In the event of late payment of the amount due, a statutory interest equal to 1% per month and additional conventionally fixed damages of 15% of the principal sum with a minimum of 125 EUR are due by virtue of law and without prior notice of default. Complaints concerning an invoice are only admissible if reported by registered letter, including a detailed and limitative list of defects, within 8 days after invoice date.
  6. The customer will check each delivery by A.Donck & Sons immediately after receipt. Complaints are only admissible if reported by registered letter, including a detailed and limitative list of defects, within 24 hours after receipt of the goods. All use, even of part of the delivery, presupposes its approval.
  7. A.Donck & Sons, in his capacity of seller, is not responsible for hidden defects it is not aware of. All hidden defects must be reported by the customer to A.Donck & Sons within fourteen days after their discovery.
  8. In case of dispute, even in case of emergency, the Peace Court of Roeselare and the courts of the judicial district of Kortrijk, are competent unless we prefer the courts under Article 624 Judicial Code. The customer can only sue us at the courts of the registered office. The Belgian law applies.All prices, proposals or offers, both verbal and written, are without engagement and not binding to A.Donck & Sons. A contract is only concluded after explicit confirmation by A.Donck & Sons. Any order, supply and / or confirmation of the customer commits him irrevocably. If the customer for any reason cancels, refuses or makes the delivery of goods impossible, the contract shall automatically be dissolved and the customers is charged with a compensation which the minimum is set at 50% of the price, excluding VAT.