General Terms and Conditions of Sale of BINAME bv
These general terms and conditions apply to all our sales and services and are accepted by our customers by entering into the agreement, even if their own purchase conditions conflict with these. Only special conditions expressly specified in our offers and order confirmations can make exceptions to these terms.
1. Order Confirmation
Our offers are valid for 3 days, unless otherwise agreed. The order and the resulting purchase are only considered final after acceptance of the offer and written confirmation by us. This confirmation may be subject to payment of a deposit or provision of a payment guarantee. Online orders can be accepted in the form specified on our website.
2. Prices
Our prices are excluding VAT. We reserve the right to change our prices at any time without prior notice. For imported items, prices are based on the exchange rate, customs and tax duties, and transportation costs on the order date. Any increase in these costs before delivery will be borne by the buyer. Administrative costs of €15 are charged for orders under €100 excluding VAT and postage.
3. Shipments
Free delivery in Belgium for orders over €300 net per shipment, excluding pallet delivery. If different delivery times are requested, they are considered as separate shipments. For each delivery under €300, a flat rate of €19 is charged, and a minimum of €65 for pallet delivery, regardless of the order amount. Express shipping costs are borne by the recipient.
4. Transport of Deliveries
Goods are transported at the buyer’s risk, regardless of the sales conditions and the chosen transport method. The buyer must assert his rights and recourse against the carrier, without us being held responsible for transport damage. Damage to the box or pallet upon delivery must be noted on the carrier’s documents and documented with photos. Complaints must be submitted within 8 days of receipt of the goods.
5. Delivery Times
Indicated delivery times are indicative and subject to unforeseen circumstances. Exceeding delivery times does not entitle the buyer to compensation, interest, or contract cancellation.
6. Payment
Unless otherwise stipulated in the “special sales conditions,” invoices are payable in cash or wire by transfer. Non-payment of an invoice on the due date automatically puts the debtor in default and authorizes us to cancel or suspend the execution of the contract or an order. All payments must be made without deduction, set-off, or withholding. Invoices can be sent electronically. In case of non-payment, the buyer owes a flat fee of 10% of the amounts due, with a minimum of €100. Unpaid amounts will automatically bear interest at 12%.
7. Payment Terms
If the buyer’s creditworthiness deteriorates, we reserve the right to request guarantees even after partial delivery. Refusal to provide these guarantees allows us to cancel all or part of the order without compensation.
8. Acceptance of Deliveries
Deliveries are deemed accepted in our warehouses. The buyer has the right to inspect the goods or have them inspected by an authorized agency. In the absence of inspection or written refusal at the time the goods leave our warehouses, they are considered accepted.
9. Warranty of Deliveries
The warranty is limited, at our discretion, to repair, replacement, or reimbursement of parts that show a material, construction, or manufacturing defect. The warranty only applies if the defect is reported in writing within 7 days of its discovery. The warranty is excluded in cases of normal wear, intentional damage, negligence, abnormal operating conditions, or failure to follow our instructions. The total price of the goods must be paid on the due date to benefit from the warranty.
10. Express Resolutive Clause
We may terminate the sale by right and without further formality by sending a registered letter if the buyer fails to fulfill one of his obligations. In case of termination, the goods must be immediately returned. Deposits paid will be set off against the damages suffered.
11. Forfeiture of the Term
If the buyer is in a situation described in article 10, the payment term is automatically canceled, and the total price or balance becomes immediately due.
12. Prohibition of Assignment of Claim or Pledging
The buyer may not assign or pledge his claims against us to third parties without our written consent.
13. Jurisdiction
All disputes fall under the exclusive jurisdiction of the courts of Brussels.
14. Retention of Title
The goods remain our property until full payment of the price. All risks are borne by the buyer. In case of resale of the goods, the buyer assigns the resulting claims to us.
15. Specifications and Dimensions
The details and dimensions mentioned in catalogs, brochures, and prospectuses are informative and may be modified or improved at any time.
