General Sales Conditions

Save express, written agreement to the contrary, all transactions made by our company entail the purchaser's unreserved acceptance of the following conditions:

1.All our offers are made without commitment and subject to availability. Details on our offers and our delivery times are purely indicative and are not binding in any circumstances. Similarly, the delivery times indicated on our purchase orders are indicative and non-binding. Any commitment by our agents or representatives are null.

2.Orders are only valid on written confirmation from us.

3.They become definitive for the purchaser failing a challenge within four days of receipt of this written confirmation and our conditions, specifically regarding guarantees and refunds, can only be waived by agreement between both parties. Any commitment by our delivery and sales staff is null.

4.Due to their fluctuation, the prices applied are those of the day of the order save written agreement for a certain period.


Specification

5.Sizes and weights are indicative and are not guaranteed to be totally precise. Our maximum liability on sale of our products is limited to their replacement at our stores without any other expenses.


Tax

6.Any tax whatsoever burdening the goods for their transportation are payable by the purchases, including any new taxes that may become applicable during the execution of the contract.


Approval of Delivery

7.The goods are sold, received and approved at the place of departure, even if the shipment is FOB. We have no obligation to invite or inform the purchaser, who is obliged to inform himself of the shipment dates in order to carry out the inspection in due time. Goods signed out from our warehouses are assumed to be compliant with the customer's specifications. From this time, no claim of any kind will be accepted.


Delivery and collection time

8.The times we give in our offers are purely indicative and do not commit us in any way whatsoever. No indemnity will ever be due for damages and interest in the event of fortuitous events or cases of force majeure, which include accidents, partial or general strikes.

9.The times for collection of the goods given in our orders are strict deadlines. Whatever the reason for the failure to collect, the order will be automatically cancelled without notice on expiry of the deadline if we see fit. This cancellation will apply to a part of or the entire consignment as we see fit.


Shipments - Risks

10.We arrange shipments only as a service to the purchaser and with no liability whatsoever on our side. The goods travel at the purchaser's risk, even when the price is FOB destination.

11.If a product is delivered damaged or does not comply with the order, its return is always paid for by the customer. The order will be reimbursed by bank transfer to the account number detailed by the customer in an email addressed to Illudesign SPRL, within 30 days of return of the product. The customer will receive authorisation for the return by email.


Breaches of Contract

12.Whatever the delay in delivering an order, it is always followed through failing a counter-order accepted by us.


Claims

13.Any claims not excluded by these conditions must, in order to be considered, be made within 5 days of receipt of the goods and by registered letter.


Payment

14.All our invoices are payable to Herstal in cash. Purchasers cannot refuse to accept trade bills we issue to them.

15.Payments made to our agents or representatives are not valid without our authorisation.


Late Payment

16.Invoices unpaid on the due dates accrue interest at a rate of 12% per year, automatically payable without notice.

17.Default in the payment of an invoice entails the expiry of the payment term agreed for all deliveries made and renders all invoices immediately payable. It also entitles us to suspend deliveries or cancel contracts in progress for supplies still in negotiation.


Cancellation

18. a)Circumstances beyond the control of the seller and due to which execution of the contract can no longer be reasonably expected of the seller - such as war or threat of war, mobilisation of armed forces, ban on imports or exports, measures introduced by the authorities that make the supply impossible, difficult or significantly dearer than on signing of the contract, frosts, strikes, fire, death and other cases of force majeure - entitle the seller to cancel the contract in all or in part, without any compensation obligation. The seller also reserves the right to cancel the contract in the event of a change of situation of the purchaser: death, settlement proceedings or amiable settlement, bankruptcy, dissolution or modification of the company, etc. The seller is entitled to the damages and interest provided by law.

18. b)When the purchaser's credit rating falls, we reserve the right, even after partial execution of the contract, to demand the guarantees we see fit of the purchaser to cover the execution of the latter's commitments. A refusal to provide this entitles us to cancel all or part of the contract.

18. c) The customer has a right of withdrawal for 14 days as of the date of delivery. The return costs are payable by the customer.


Ownership rights

19.The seller remains the owner until the goods have been paid in full.

20.In the event of a change in transport prices, the FOB prices will be subject to revision.


Disputes and Jurisdiction

21.Any dispute falls under the jurisdiction of the Courts of Liège, whatever the amount, even in the event of a recourse in warranty, multiple defendants or FOB delivery. Our trade bills or the acceptance of discount do not imply any novation or waiving of this jurisdiction clause.

22.Invoices unpaid on their due date will be automatically marked up without notice by 20% of their amount, with a minimum penalty of 50€, all-inclusive and irrevocable, in accordance with article 1152 of the Civil Code, without prejudice to normal lateness interest.

23.Belgian law applies.

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