General terms and conditions

These general terms and conditions apply to all quotes, offers, orders, purchase and sales agreements, and deliveries from, at, with, and by Indufarm N.V..

Art 1. Order Confirmation

1.1 Only the order confirmation signed by Indufarm N.V. binds Indufarm N.V.. The execution thereof is subject to the general terms and conditions included in the order form and/or the invoices, to the exclusion of the customer's own terms and conditions, even if these are communicated subsequently.

1.2 The sales agreement is only concluded after written confirmation by Indufarm N.V. A commencement of execution is considered as confirmation unless it has been done subject to conditions.

1.3 Orders taken by a representative, appointee or employee of Indufarm N.V. are only valid after written confirmation by an authorised person who can bind the company to this.

1.4 Any cancellation of the order must be made in writing. It is only valid if accepted in writing by the seller. In the event of cancellation, the customer owes a flat-rate compensation of 30% of the order price. This compensation covers fixed and variable costs and potential loss of profit. If the order is already in production, the total price must be paid. Customer-specific orders must also be paid in full.

ART 2. Description of the goods to be delivered

The goods will be delivered as specified in the order form or on the front of the invoice.

ART 3. Price

The price is as stated in the offer, quotation, and order confirmation, unless the seller feels compelled to adjust it in accordance with the evolution of their fixed and/or variable costs due to changes in their structure (raw materials, wages, energy, etc.). Any price revisions will be made in accordance with the legally permitted standards. In this case, the new price will be as stated on the front of the invoice.

ART 4. Delivery

4.1 The goods are considered to be delivered upon departure and travel is always at the expense and risk of the buyer.

4.2 The delivery times and application deadlines are provided for information purposes only and are therefore not binding.

4.3 Delays in the delivery of the application can never give rise to penalties, compensation, or termination of the agreement.

ART 5. Control complaints

5.1 Each delivery is checked immediately upon receipt by the customer. Complaints, comments, or disputes are only accepted insofar as they are submitted in writing to the registered office of Indufarm N.V. within 7 days of delivery of the goods. The use, even of a part of the product(s) in dispute, implies their approval.

5.2 The responsibility of Indufarm N.V. shall in any case be limited to the replacement of goods that do not conform to the sales conditions, without being obliged to any form of additional compensation.

5.3. The return of delivered goods can only occur after written agreement from Indufarm N.V. The return to the warehouse of Indufarm N.V., the transport costs, as well as the risk of replacement, are the responsibility of the customer.

ART 6. Transfer of Ownership

6.1 The delivered goods remain the property of the seller until full payment of the principal, costs, and interest.

6.2 Delivery takes place, as already stated, at the risk of the buyer, who must insure themselves against possible damage cases.

ART 7. Payment

7.1 The invoices are payable without discount to the bank account of Indufarm N.V. and in Euro. This also applies if Indufarm N.V. draws bills on the buyer or has them received by financial institutions.

7.2 If Indufarm N.V. were to accept bills in payment for sold goods, this would not result in a renewal of debt and would not give rise to any amendment of the clauses of these terms.

7.3. The invoiced amounts shall incur interest at a rate of 10% per annum from the due date of the invoice by operation of law and without the need for any prior formal notice of default, until the date of full payment.

7.4 Non-payment of an invoice or bill of exchange on the due date makes the payment of all other amounts due immediately payable and allows Indufarm N.V. to refuse delivery of all outstanding orders.

7.5 In the event of non-payment of the invoiced amounts on the due date, a flat-rate fee of 10% on the unpaid amounts shall be due by operation of law and without the need for any prior formal notice of default, with a minimum of € 125 in addition to all interest and any costs, collection costs or legal costs.

ART 8. Applicable law - Dispute resolution

8.1. Belgian law shall exclusively apply to all offers, agreements, and all obligations arising therefrom.

8.2. All disputes shall exclusively fall under the jurisdiction of the Courts of the judicial district of Ghent, Ghent division.