DECA General conditions of sale

GENERAL CONDITIONS OF SALE

Article 1

Unless there is any other explicit agreement, our invoices are payable cash at our registered office in Herentals. The customer is liable for any transaction costs involved in the payment.

Unless there is an agreement to the contrary, the price as provided in our price quotations is a price “ex works” which means, for example, that it excludes loading and transport.

Article 2

If payment is not made in good time, the customer owes 10% of the invoice amount, with a minimum of 40 euros, ipso jure and without any notice of default. Interest of 10% per annum is also owed ipso jure and without any notice of default. Any payment by the customer is first allocated to any due and payable interest amounts and/or compensation for damages and, subsequently, to the oldest claims that we have vis-à-vis the customer. If one invoice is not paid in good time, all other outstanding invoices will be due and payable immediately.

We have the right to suspend our deliveries and/or to restrict these if the customer does not fulfil his payment obligations in good time.

Article 3

The ownership of the goods delivered by us will only transfer to the customer after the invoices related to them have been paid in full. However, the risk transfers to the customer as soon as the goods leave our warehouses.

Article 4

Price quotations are provided for information purposes only. Unless there is an agreement to the contrary, they apply for a validity period of 30 days. Orders are only binding and valid after the appropriate contract has been signed by a competent person in the company.

Article 5

Unless there is a clause to the contrary, the delivery dates are always indicated for information purposes only. The customer cannot invoke the excess of the indicative period to request the termination of the agreement, to claim compensation for damages at our liability or to enforce another claim against us.

Article 6

The customer must invoke visible defects within 48 hours after delivery. Within this period, the customer must send us a registered letter in which a detailed and exhaustive summary of the defects is given. Our obligation within the framework of visible defects is in any event restricted to the exchange of the goods, to the exclusion of all costs or compensation for damages of any nature whatsoever.

If the buyer wishes to return goods to DECA, he must be aware that the costs are at his charge. DECA may issue a credit note for 65% of the invoiced value of the returned goods. To be eligible for a return, the products must meet the following conditions: the boxes must be clean, undamaged and unopened. Return shipments must be made in consultation with DECA to ensure proper handling. The return policy only applies to recent articles that are commonly sold and the products must not exceed 12 months from the original purchase date. Additionally, returns can only be processed with prior approval by DECA following the return request by the buyer.

Article 7

Any hidden defects must be invoked within one month after the defect was discovered and must be made by registered letter. In addition and subject to penalty of lapse, claims on the grounds of hidden defects must be made no later than 6 months after delivery. Our obligation within the framework of visible defects is in any event also restricted to the exchange of the goods, to the exclusion of all costs or compensation for damages of any nature whatsoever.

Article 8

8.1 In no case whatsoever can we be held liable on any grounds whatsoever for our slight mistake unless this relates to the non-performance of the essential obligations that constitute the object of the agreement.  Except in the case of wilful intent or serious mistake (also by the people we engage), our liability is restricted to the amount for the delivery and to the direct damage. We do not accept any liability whatsoever if we cannot meet our obligations due to force majeure or an external cause. If the force majeure is only temporary, we will attempt to still fulfil our obligations as soon as this is possible once again.

8.2 Indirect damage (such as commercial or financial losses, loss of reputation, profit or turnover, loss of customers and loss as a result of judicial steps taken by third parties against the customer, for example) will never qualify for any compensation.

Article 9

Our liability and the guarantee that we give on whatever grounds will lapse if the customer does not follow the user instructions, if the goods sold are changed or are used injudiciously or if the purchaser changes the normal designated use of the goods.

In view of their enterprise activities, our B2B customers are deemed to know the user terms and conditions and the application possibilities of our products. If the customer does not know these, he must communicate as much to us before concluding the contract.

Article 10

If the customer refuses the order, annuls the contract or the contract cannot be executed because of the action of the customer, we will have the right either to demand the mandatory execution of the agreement (perhaps including some compensation for damages) or to demand compensation for damages from the customer.

Without prejudice to our right to claim a higher amount of compensation for damages, the fixed compensation for damages is determined at 25% of the agreed contract price. 

Article 11

The agreement existing between us and the customer is terminated ipso jure and without notice of default if we request as much in the following cases:

• bankruptcy of the customer;

• failure by the customer to fulfil his obligations on the grounds of this agreement, which is not remedied within 15 days after we have sent a registered reminder to do so.

In the case of such termination, the customer is obliged to pay us a fixed amount of compensation for damages of 25% of the agreed contract price, without prejudice to our right to claim a higher amount of compensation if a higher amount of damage is proven.

Article 12

If one of these terms and conditions is null and void, such fact does not lead to the consequence of the nullity of the other clauses or of the contract.

Article 13

If there is a conflict between these terms and conditions and the terms and conditions of the customer, these terms and conditions, will take priority. Any terms and conditions of our customer are only enforceable if they were signed in agreement by a competent person in our company and only if this was done after our terms and conditions had already been handed to the customer.

Article 14

Belgian law governs any disputes relating to this agreement. Only the courts of Antwerp, division of Turnhout, are competent to take cognisance of any possible disputes. The applicability of the Vienna Sales Convention is expressly excluded.