GENERAL CONTRACTUAL CONDITIONS
1. It is expressly agreed that the transfer of an order implies the unconditional acceptance of these general terms and conditions of MARISAN, and that any provision or reservation is added to the order form, and that would conflict with these general terms and conditions or add a new element to it. will not be recognized by MARISAN unless it has received written and prior confirmation.
2. MARISAN can only be legally bound by a document signed by its legal or statutory body authorized to represent it, as published in the Appendices to the Belgian Official Gazette, or by a special proxy holder who has submitted a written proxy.
3. Internal link The execution and delivery times stated by MARISAN are purely indicative and do not bind it. Delays in delivery can never give rise to delay fines or compensation from MARISAN, nor to termination of the agreement. A delivery of more or less than 10% of the goods sold, as well as minor deviations in quality and execution, are expressly permitted. Every delivery takes place EX-WORKS (EXW) INCOTERMS 2010.
4. If the customer cancels or cancels the agreement for whatever reason, the customer owes a fixed compensation of 25% of the quotation / agreement and this without prejudice to the customer's reimbursement of work, deliveries and / or purchases that have already been carried out. carried out by MARISAN under the agreement.
5. MARISAN cannot be held liable for force majeure or unforeseen circumstances (imprevision) that make it impossible or considerably aggravate the implementation of the agreement in the agreed conditions. Where appropriate, MARISAN, and only she, decides whether the agreement will be dissolved or its implementation delayed, without this giving rise to any compensation.
MARISAN is in no way responsible for infringements against industrial and intellectual property rights that belong to third parties. It is the customer who guarantees that, when giving an order, he has the necessary rights and does everything necessary to obtain the necessary permissions and licenses to have the order carried out.
6. To be valid, complaints must be made to MARISAN by registered letter within 5 days of receipt of the goods. Complaints do not give the customer the right to regard the agreement as dissolved, or to suspend or postpone payment in whole or in part. The customer waives the non-execution exception.
7. Payment is made by transfer to account number IBAN BE53 4445 6365 4153 of MARISAN. Unless stipulated otherwise, invoices are payable in cash in Merelbeke without a discount. If the invoice amounts do not appear on the above-mentioned account number on the due date of the invoice, it is expressly agreed that from the due date of the invoice without necessity, a conventional interest of 10% on the invoice amount is due to MARISAN. In addition, in the event of non-payment on the due date of the invoice without requiring a notice of default, a conventional compensation of 10% of the full invoice amount is due, subject to proof of additional costs and with a minimum of 200 euros.
In addition, due to non-payment of one invoice on its due date, all amounts due by the customer, including all invoices that have not yet expired, become immediately due and payable. All collection costs are exclusively at the expense of the customer.
Contrary to article 1583 of the Civil Code, all goods of MARISAN are subject to a retention of title, which only expires if the goods have been paid in full by the customer. The customer must do everything necessary to guarantee the implementation of this retention of title clause. Moreover, MARISAN has the right to invoke its right of retention at any time.
8. If the customer does not fully or partially fulfill one of his obligations, MARISAN is entitled to terminate the agreement for the part of the order form that has not yet been delivered, and / or the part thereof that has not yet been paid. In this case, the customer will owe MARISAN a lump sum compensation equal to 25% of the price of the agreement. MARISAN also has the same right of dissolution if the customer is in one of the following cases: bankruptcy, application for a procedure as included in Book X of the W.E.R., liquidation or analogous procedure on behalf of the customer. In all cases where the customer does not meet one of his obligations (in the broadest sense of the word), MARISAN reserves the right to suspend delivery subject to any other recourse and compensation.
9. MARISAN is not liable for hidden defects in the event of deviant, abnormal or incorrect use of the goods sold, as well as if the customer (or third parties) have made changes to the goods sold.
The responsibility of MARISAN for any hidden defects is strictly limited to one month after the delivery of the goods sold as well as to the mere repair of the goods sold. The liability of MARISAN is limited to what is covered by an insurance policy where appropriate. If the claim is not covered by insurance, the liability of MARISAN is always limited to a maximum of the nominal amount of the relevant invoice from MARISAN (excl. VAT).
10. MARISAN undertakes to treat the personal data provided to it with strict confidentiality and to not release anyone unless this is necessary for the implementation of the agreements concluded with it and unless to fulfill the legal obligations imposed on MARISAN. The customer has the right to consult the personal data stored and processed by MARISAN and, if necessary, to have them corrected or to request their removal.
The customer can obtain additional information on data processing and protection from the Belgian data protection supervisory authority at 1000 Brussels, Drukpersstraat 35.
11. For all possible disputes between MARISAN and its contractors, only the courts of Ghent, Ghent department are competent. Only Belgian law applies to the agreements with MARISAN, including the provisions of the Vienna Sales Convention.