All prices are excluding VAT
1. All our offers and sales are exclusively governed by the present terms and conditions. These conditions are supposed to be known and approved by the customer. They shall prevail over the purchase conditions of the customer, even if the latter state that they prevail and even if Flexfurn has accepted customer’s purchase order without making any reservation in respect of such terms and conditions.
2. Our offers are non binding as without formal order acceptance by Flexfurn.
3. If the customer places an order, he accepts, beside these general conditions of sale, also all the technical qualifications of our products which he explicitly recognises to know.
4. Flexfurn offers only the guarantees indicated in its catalogues and associated documentation.
5. Flexfurn guarantees a delivery in accordance with the presented sample with explicit reservation for small deviations in colour and in quality.
6. Similarity in colour can only be guaranteed with simultaneous orders.
7. The measures and dimensions in the catalogue and/or the price list are -approximate. We reserve the right to small deviations as well to changes in form and view of a model.
8. Orders are only final and binding after a written acceptance notification. Our firm is only bound by the engagements of our agents and/or representatives when explicitly accepted in the order confirmation.
9. Delivery dates mentioned in our offers and order confirmations are indicative and provide an estimation of the timing in which the goods can leave our warehouses. We will use reasonable efforts to meet indicated delivery dates. Our inability to meet such delivery dates shall not give rise to any liability whatsoever on our behalf, nor will it justify the cancellation of an order.
10. Unless explicitly agreed otherwise, the goods are transported at the risk of the buyer.
11. All deliveries are made according to the CMR conditions. Complaints should be clearly indicated on the CMR document before signing. Please check the goods by delivery and ask the driver to confirm possible damages. Late complaints are not possible. We do not accept the note “Acceptation with -reservations”.
12. In case the order is cancelled by the buyer, we can claim, automatically and without further notice a fixed contractual damage equal to 25% of the -total -order value, without prejudice to our right to claim higher damages if the losses are proven to be higher. For suites and custom-made goods the fixed contractual damage is equal to 50% of the total order value.
13. We reserve the right to invoice goods at their delivery, even if this delivery is partial.
RESERVATION OF OWNERSHIP
14. The title in the goods shall pass to the buyer only when payment in full has been received by Flexfurn for all goods whatsoever supplied (and all -services rendered) at any time by Flexfurn to the buyer. The buyer shall permit the -servants or agents of Flexfurn 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 things whatsoever and in whatever proportions, the conversion shall be deemed to have been effected on behalf of Flexfurn and Flexfurn shall have the full legal and beneficial ownership of the new products, but without -accepting any liability whatsoever in respect to such converted goods in -relation to any third party, and the buyer hereby indemnifies Flexfurn in relation thereto. In case of non-payment at the due date and upon demand the buyer must return forthwith to Flexfurn all merchandise unpaid for.
15. The price-agreements and all other obligations deriving from these -conditions of sale are binding upon whom has placed the order. If the invoice was drawn up in the name of a third party at the request of the person who placed the order, the latter remains jointly and severally liable to our firm with that third -party.
16. Unless explicitly otherwise agreed, our invoices shall be payable in cash in the registered office of our firm or on our bank account. Without special written authorization signed by an authorised representative of Flexfurn, our agents and/or representatives do not have the authority to accept payments or to bind the firm nor to give acquittal or exemption in its name.
17. Upon non-payment of an invoice on due date, all open amounts will become due and payable forthwith, in spite of agreed or permitted payment conditions.
18. Upon non-payment of an invoice on due date, we have the right to suspend or cancel all outstanding orders.
19. Flexfurn will be entitled to interest on any overdue amounts at the rate of 1,5 % per month calculated pro rato from the due date of payment and continuing to run after judgment. Failure by the Company to invoice or demand payment of the interest or any forbearance on its part will in no way prejudice the Company’s entitlement thereto. Interest will be due and payable forthwith upon demand. The Company will also be entitled to reimbursement of all external or additional costs and expenses reasonably incurred in the enforcement of its rights under this clause, including, but not limited to, the payment of -agency and legal fees and expenses whether incurred before or after the legal -proceedings. Interest on this expenditure will accrue, as set out in the clause hereof, on the interest, from the date the expenditure is incurred. The drawing of a bill of exchange on the buyer is without prejudice to these conditions.
20. The most recent price list replaces all previous lists. All unaccepted out-standing tenders or offers, will be subject to the new prices.
21. We reserve the right to rectify possible mistakes in the price list and to modify our prices at any moment. Prices are exclusive of VAT, duties and costs.
22. Each form of publicity for Flexfurn or its products is prohibited without our prior written consent.
23. Each invoice is considered to be accepted unless complaints and objections are submitted by registered mail within three (3) working days of the receipt of the goods.
24. All commercial transactions between Flexfurn and the customer shall be -governed by Belgian law.
25. In case of legal actions in connection with this contract or these invoices, only the Courts of the district of the seller’s registered office will be competent. Nevertheless, the seller reserves itself the possibility to bring the case before the Court of the debtor’s domicile.
26. The warranty shall be granted for a period of 1 year on manufacturing faults, with effect from the date of delivery, unless stated otherwise in the catalogue. The warranty shall only be granted on condition that the goods delivered are used normally in accordance with the user instructions of the goods sold, and shall in any case be limited to the repair or replacement of the product or its equivalent value, and the compensation shall not exceed the actual or real value of the product in question. The warranty shall expire ipso jure upon modification of the product. Any notice of default shall take place in writing and by registered letter within three days from the fact giving rise to it. The warranty shall expire ipso jure if Flexfurn is not given the opportunity to inspect the dubious product. The guarantuee terms follow a regressive scale, i.e. only during the first year there is a full guarantuee. After more than a year a depreciation will be taken into account, because the goods have already been used for over a year. The regressive scale operates as follows: in the 2nd year a maximum of 80% of the value of the goods will be refunded, in the 3rd year a max. of 60% of the value, in the 4th year a max of 40%, in the 5th year a max. of 20% of the value of the goods will be refunded.
> € 1500 net, franco
< € 1500:
• Goods on pallet: € 60,00
• Goods packed in carton (fi. textile), via DPD (max. 31,5 kg, length max. 1,75 m, contour max. 3 m): € 10,00
• Additional cost for deliveries before noon (8h-12h) and after noon (13h-17h): € 40
• Additional cost for timed deliveries: € 125
• Via DPD (max. 31,5 kg) NL, DE, FR, LU, AT, DK: € 20 (additional cost)
• Via DPD, Switzerland: € 70 (additional cost)
• Via DPD, rest of Europe: € 55 (additional cost)
• Non-stock orders: > €2500, 30% pre-payment net per article
• We reserve the right to revise and amend our prices from time to time to reflect changes in material prices, shipping costs or exchange rates
* Prices subject to typographical errors