These terms and conditions shall apply to all quotations, orders and contracts for the sale and supply of goods. They shall form an integral part of all agreements entered into with the buyer. The latter shall be deemed to sufficiently know and accept the terms and conditions of sale. The buyer’s terms and conditions, which are in deviation from or contrary to our terms and conditions shall be deemed
null and void, unless specifically agreed otherwise in writing by us.
We do not sell to private individuals, but directly to professionals only. Our products thus may only be purchased from one of our many Revor dealers, who are listed here.
1. All quotations made by us, whether verbal or written, are free of obligation, by approximation only and non-binding. We have the right to review the prices of the products that we supply, and on which our quotations are based, if these change due to specific circumstances after establishing a quotation but before the sale has taken place. This includes but is not limited to amended wholesale prices, wages or taxes. In such a case only the new price, as stated on the invoice, shall apply.
2. All our prices shall be understood as ex-works, unless specifically agreed otherwise beforehand and in writing. The risk of loss, damage or destruction of the goods shall be transferred to the buyer at the time of supply ex-works. The storage of the goods in anticipation of the delivery or collection is at the buyer’s risk.
3. All our sales are solely in the name and on behalf of the company that executes them. All sales, including sales by our representatives, shall only be deemed binding for our company after our written confirmation. Orders that have been signed by the customer shall be considered irrevocably binding for the customer, regardless of whether an advance payment was made.
4. The delivery and execution periods are provided in good faith and as an indication and shall be deemed non-binding, unless otherwise agreed in writing. Delays in the delivery or execution of the works do not entitle the buyer to unilaterally terminate the sales agreement, nor do they give the customer the right to refuse the goods or claim compensation. Changes to the order at the buyer’s request automatically infer that the initially proposed delivery periods shall cease to apply.
5. The supplied goods shall remain the exclusive property of Revor or of the party that is subrogated in our rights to the payment in full of the agreed price, in addition to possible compensation and/or accessory amounts. The customer acknowledges that he has been informed of and accepts this retention of title clause prior to the supply of the goods. Given the retention of title, the buyer is not permitted to dispose of the supplied goods or remove any identification prior to payment in full of the agreed price. Should the buyer dispose of the goods to a third party in spite of this retention of title, he shall in so doing assign to us his right to payment from such third party of the price of the disposed goods. This article does not amend the transfer of risk in any way.
6. The customer grants us a retention of title on all goods, documents or monies that we have in our possession during the execution of our work, from the date of the first order. The customer herewith indicates that he has the right of disposal over these goods and grants this retention of title until payment of all outstanding amounts that the customer still owes us, even if the amounts are owed for another reason than the given order.
7. Unless otherwise agreed in writing, all our invoices are payable in cash without discount to the address of our registered office. Payment by means of bills of exchange does not imply novation of the debt and under no circumstances will it entail exemption from the aforementioned provision. Any invoice that is not paid on the due date will be automatically increased without notice of default with (a) the basic interest rate pursuant to the Act of 2 August 2002 concerning the settlement of overdue payments in commercial transactions and (b) with fixed compensation to the amount of 10% of the invoice amount with a minimum of 50 euros.
The late payment of an invoice on the due date shall give rise to the immediate payment of the outstanding amount of all other invoices, including of all invoices that are not yet due without notice of default. We also reserve the right to suspend all further deliveries and work to be executed, subject to notification thereof to the customer. In such case, even in case of slight or limited payment arrears, but only after prior notice of default which the customer fails to remedy within a period of 8 business days, we also have the right to consider agreements with the customer as wholly or partially dissolved. In case the agreement is dissolved, we are entitled to fixed compensation to the amount of 30% of the price, without prejudicing our right to claim compensation for the actual damage suffered. In case of annulment or dissolution, we are also entitled to recover our goods from the customer.
8. Both parties expressly declare that all debts owed to each other, whether current or future, shall be automatically compensated between them with all debts, whether current or future, which they owe each other, at the time when the respective debt claims and debts occur, regardless of when they are due.
9. We reserve the right to demand guarantees of payment of the purchase price from the customer prior to or during the performance of the agreement. The cost for establishing these guarantees shall be borne by the customer. We have the right to consider the agreements as dissolved without prior notice of default, without any obligation to pay compensation if the customer fails to comply with the request to establish security.
10. With the exception of complaints due to hidden defects, all complaints, including those concerning non-conformity and visible defects, shall be made by registered and motivated letter within eight days after receipt of the goods or execution of the works, at the risk of forfeiting any right to compensation. Complaints about hidden defects must be notified in writing, by registered and motivated letter, within 30 days after discovery thereof, with lapse of rights to legal claims. Complaints, even if they are justified, do not entitle the customer to suspend the further execution of any contract with us.
11. In any event, our liability is limited to compensation for foreseeable, direct and personal damage, to the amount of the invoiced amount of the delivery, excluding VAT. We cannot be held liable for any indirect or consequential damage. The supplied materials shall not be taken back, unless specifically agreed otherwise in writing, in which case 70% of the price shall be reimbursed if the goods are delivered free of charge, without damage, to our warehouses. In such a case, the packaging shall be taken back at 50% of the indicated value.
12. All collection and legal costs, associated with payment instruments and/or reminders that payment is due, shall be borne by the buyer.
13. In the event of the cancellation of an order or assignment by our customer or the buyer, we reserve the right to claim damages to the amount of 10% of the total value or the price of the work performed and of 30% of the total value or the price of the work performed if work commenced on the order.
14. In the event of differences between the various translations of these terms and conditions, the Dutch version will prevail.
15. All agreements concluded with us are governed by Belgian law. In the event of a dispute, only the Courts of the judicial district of Kortrijk shall have jurisdiction.