Subject to express stipulation to the contrary, any sale shall exclusively be subject to this general terms and conditions. The general terms and conditions that appear on the purchaser’s documents cannot be regarded as such written stipulation to the contrary. Any stipulations deviating from this general terms and conditions, which are permitted if necessary, shall only apply to the sale for which they have been permitted. Receipt the purchaser of the documents referring to these general terms and conditions shall be regarded as acceptance on his part. At the start of the performance, the contracts are assumed to be irrevocably approved.
Delivery is in principle “EX WORKS” and in accordance with the terms and conditions on the order slip. The delivery deadline is purely indicative in nature. If the delivery deadline is exceeded, this shall not give the purchaser any right to compensation, nor shall it confer the right to cancel the order. Delays attributable to force majeure or any incident beyond the control of “MARY”, shall also give the company the right to suspend implementation of the agreement during the incident.
In principle all invoices are payable in Belgium in EURO, at the net price without discount, within thirty days of the invoice date. In the event of full or partial non-payment of the invoice on is due date, “MARY”, shall be entitled to cancel the current contracts without prior notice of default and all bills drawn up in the name of the same costumer shall be become immediately due for payment.
With effect from the due date interest shall be applied on all unpaid invoices by law, and without prior notice of default at a rate equal to the interest rate applied by the European Central Bank for basic refinancing transactions plus 7%, with a minimum of 12%. Furthermore in the event of non-payment on the date compensation of 15% shall be payable on the invoice amount, to be increased if necessary by the cost of legal action.
Any complaint must be submitted in writing within forty-eight (48) hours of delivery, where goods are concerned, or after the invoice date for all other points. Unless otherwise stated on the invoice, the invoice date shall correspond to the loading date. The purchaser shall never be entitled to retain payment in full or in part in the event of a dispute, for other reason.
Ownership of the goods shall only transfer to the purchaser after full payment of the price and “MARY”, shall reserve the right to demand return of the goods, if necessary. From the moment of delivery all risks shall be borne by the purchaser.
Mary’s civil liability is limited to the price of the purchased products that have caused damage and to the maximum amount that will receive from its assurers under the terms of the policies that were in force at the time of the order. In any event, “MARY”, liability is limited to direct damage with the exception of consequential damage.
Belgian law shall apply to all points that are not expressly provided for in the agreement or in this general terms and conditions and to all disputes on this matter. In the event of a dispute, as plaintiff or defendant, only the courts of the district where “MARY” has it reiterated office shall be competent.
The fact that, “MARY” fails to apply one or more clauses that are stipulated in its favor in these general terms and conditions, does not mean that it renounces the possibility of invoking this or these stipulations.