General terms and conditions

1 – Offers
All our offers are current and binding only within the strict limits
of our special conditions.
Changes in salaries, charges, cost of raw materials,
transport, prices, import duties, insurance which, from the date of the offer
until the end of the contract, influence one of the factors of
our cost price, will lead to a revision of the fixed prices.

2. – Orders
Delivery times are given as an indication only and are not binding
. They may never be invoked to obtain any
compensation or to cancel the purchase contract.
In the absence of a clause to the contrary, delays cannot give rise to damages or
interest, nor can they justify the customer giving
the right to take action elsewhere on our behalf.
In the event of cancellation of the order, the customer undertakes to pay us
an irreducible fixed indemnity of 30% representing the
prejudice caused to our company, for the preparation of the offer and
the non-performance of the contract

3. – Bills of lading and invoices
The information appearing on transport documents, such as bills of lading,
packing lists, receipts, etc., shall be binding in the event of disputes, the purchaser
being deemed to have been present at the unloading and to have checked it.
All invoices must be checked within ten days of delivery.
After this period, without complaint, the invoice is deemed definitively
accepted by right.

4. – Approval

Goods will be approved either when our offers so stipulate by a
specialized body, chosen by mutual agreement by the parties, prior to
the transport of goods and materials, or in the absence of any
clause in our offers, within 24 hours of delivery of the products.
Goods are always transported at the purchaser’s risk, even
if the goods are supplied carriage paid or with the designation of any place
for delivery.

5. – Payments
Invoices are payable in euros, unless otherwise stipulated.
Any loss of exchange resulting from late payment shall be borne exclusively by
. Our invoices are always payable either in cash, unless otherwise stipulated
in Belgium, or by irrevocable documentary credit confirmed
by a Belgian bank or a bank with an international reputation.
In the event of the creation of bills of exchange, our drafts are always acceptable.
Any non-payment of an invoice on its due date will automatically entail
and without prior notice of default, at the customer’s expense, annual interest on arrears
of 12% from the due date of the invoice until full payment
and a flat-rate surcharge of 15% of the outstanding amounts, with
a minimum of €125.

6. – Responsibilities
ABRACOR draws the attention of customers and users to the strong corrosive attack
of some of its products, in particular DERuSTIT, and their possible
harmfulness to the surrounding environment if essential, elementary
protective measures are not taken by the purchaser.
Our company would like to draw the user’s attention to the need for strict compliance with
the advice on caution and use given both by ABRACOR and by the
manufacturer.
In no event shall our liability extend beyond
to the outright replacement of goods returned to us and found by
to be defective.
Our liability for replacement of defective goods is limited to a maximum of one
year.
Our company’s advertising leaflets contain only indicative information
subject to change without notice during the course of the market.

7. – Customer obligations
We reserve the right, even after partial performance of the contract, to require
the purchaser to provide a performance guarantee,
under penalty of cancellation of the contract.
All our drawings and calculation notes remain our exclusive property.

8. – Force majeure
All cases of force majeure release our company from any liability whatsoever
and give us the right to cancel all contracts.
Cases of force majeure are all those mentioned in the usual meaning of the word.

9. – Jurisdiction
All disputes arising in connection with the execution and understanding of these
general terms and conditions and the performance of the contract shall be submitted to the exclusive jurisdiction of the Commercial Courts of Walloon Brabant
The facility to make a draft or the acceptance of payment in another city does not bring
either novation or derogation to these clauses attributing jurisdiction.
The same shall apply in the event of a counterclaim, voluntary or
forced guarantee or declaration of joint judgment.

10. – Reservation of title
Until payment in full of the price of the products ordered and its
accessories, including the payment of late payment indemnities, the products remain
the property of the Vendor.