1. APPLICATION AND EXEMPTIONS. These general conditions of sale of BiF, Rue de la Sablonnière 60-2 4102 Ougrée Belgium & Mile-7; Achimota Ghana apply to all orders made for us, the customer is supposed to accept them by the mere fact of his order. Deviations from these conditions of sale, even on documents from the client or representatives, we do not have opposable only with written confirmation of BBiFF. Even so, these conditions of sale remain in effect for all the points on which he has not been expressly waived.
2. OFFERS AND ORDER CONFIRMATION. Unless otherwise agreed in writing or otherwise, our offers are only valid as a simple inquiry. All claims arising out of possible or alleged inaccuracy of our order confirmation shall, on pain of preclusion be received within eight days of confirmation.
3. DELIVERY. Delivery times for us are always approximate and do not include any commitment to us unless otherwise agreed in writing. Even in the latter case the buyer may not, when delivery is delayed, claim compensation only if it has been fixed in advance and in writing; the amount of compensation can never exceed 5% of overall price. Even in case a delivery carries a mandatory penalty, have been agreed, exceptional circumstances we always confer the right to suspend delivery until the circumstances considered, has ended, at the expense of delivering Then within the agreed period, or withdraw from the contract without that in one case as in the other, the buyer may assert any right to compensation.
4. TRANSPORT AND REMOVAL RISK. Unless otherwise agreed, all of our delivery are departing from our stores, transport, packaging and insurance are paid by the buyer. The goods always travel at the buyer's risk, even when, another place of delivery has been agreed, we sell FOB Unless a written stipulation setting another deadline, the goods sold must be removed no later than 15 days them available to the buyer. Fault removal within that time or within specifically agreed, we will be entitled, without prior notice and at our option either to charge the goods sold and demand payment, or to consider the sale resolved to right. In the first case, the goods will be stored for the account and risk of the buyer in our stores or third parties and we will be entitled to invoice the buyer, in addition to the sale price, all costs arising this measure. In the latter case,the buyer will owe us a fixed indemnity equal to 30% of the sale.
5. RESERVED PROPERTY. Ownership of goods sold shall pass to the buyer upon payment of the total sums which he owes us the head of that delivery, including any costs, interest and collection costs. The buyer can not under any way dispose of the goods which have not yet been fully paid: in particular, it can not transfer ownership to third parties or the pledge.
6. CREATION OF SECURITY AND SUSPENSION OF DELIVERY. Regardless of the agreed terms of payment, the buyer authorizes us to demand at any time, ie before delivering or continue delivery, a bank guarantee for the execution by him of its payment obligations. As long as the buyer has not made this guarantee, we reserve the right to suspend any subsequent delivery, it will be the same as long as the buyer has not fulfilled its obligations relating to delivery already made.
7. GUARANTEES AND CLAIMS. Our goods are guaranteed as set by the manufacturer, unless another period has been stipulated in writing. No returnof goods will be accepted without our prior written consent. Any complaint about a provision must be notified to us within 10 days of receipt of the goods: past period, the claim will be delayed and non-responsive. We accept no responsibility for any damage resulting from partial or total malfunction of equipment or accessories.
8. PRICE. If, during the period between our order confirmation and the run-time-even though it would fall after the expiry of the agreed delivery time, increase our prices due to changes in exchange rates , increases in wages or prices of raw materials or as a result of any such measures usually taken by national or foreign, we are entitled to wear this increase into account to the buyer. BiF reserves the right to charge a lump sum of 25 € for any shipment of less than 125 €uros.
9. PAYMENT. Unless stated otherwise, all invoices are payable without discount in cash. In case the delivery is done in two or more fractions, each part delivery will be charged separately. Failure to pay at maturity of an accepted made payable as of right all other claims of the buyer. The same claims clearly justified, no point suspend the payment obligations of the purchaser as to the deliveries in question or other deliveries.
10. DEFAULT. Any invoice not paid when due shall bear its own right, without warning or notice, a 1.5% interest per month of delay, plus an allowance equal to 15% with a minimum balance of € 75 outstanding.
11. RESOLUTION. The foregoing provisions do not import any waiver of our right to claim at our option, for non-payment, the cancellation of the sale with allocation of damages. If a sale would be resolved in whole or part as a result of any failure or default of the buyer, this, we will bear the costs incurred and the loss to us, a lump sum irreducible and equal to 30% of the sales or portion thereof resolved, without prejudice to our right to claim reimbursement of costs that we should expose to regain possession of the property and put them back in their state origin.
12. REGULATION OF THE TERMS OF EXPORT / RESALE. All products supplied by BiF can not be exported outside the Benelux, or be sold to companies active in the nuclear field or for nuclear applications, except as authorized by the «Ministry of Economic Affairs» and the «Board Of Control Export»;Washington DC20230.
13. ATTIBUTION OF JURISDICTION. All disputes to which this Convention could give rise will be exclusively subject to the jurisdiction of the courts of Liege in Belgium and Accra, Ghana. Supplier's declaration according to EEC regulation 3351/83. We declare that the goods supplied by us are outside the regulation 3351/83.