Terms & Conditions

1.

The seller’s invoices are payable in Ghent, net cash, without any reduction.

2.

Complaints about the delivered goods have to be mentioned in writing and by registered mail within 3 days after reception of the goods. This is, however, no reason to postpone the payment. The goods shall remain the property of VLEVY N.V.until their price has been fully paid.

3.

If the delivered goods are not in accordance with the ordered goods or in case of an admissible and founded claim for hidden defects, the seller may at most be obliged to replace the refused goods at his costs or to reimburse the seller for these goods. In such case, the buyer has no right to claim any damages from the seller, nor may any other sanction be imposed on the seller. This also applies in case either the buyer or a third party will use the goods as ingredients for the production of other finished products.

4.

The goods are transported at the buyer’s risk, which takes effect as soon as the goods are leaving the factory, the storehouse or the depot, irrespective of the price determination (carriage paid, cif or fob), unless agreed otherwise in writing.

5.

In case of non-payment of an invoice on its maturity day, interest will be imposed automatically and without prior notice at the rate of 12% per year. The non-payment of an invoice gives the seller the right to consider the contract as being broken, to stop all deliveries agreed with the buyer and to claim immediate payment of all deliveries already carried out.

6.

The amount of the unpaid invoice will be increased by 15% per year by way of damages, with a minimum of 40 EUR from the day following the maturity date of this invoice, without prior notice and without prejudice to the main sum, the interests, any collection costs, dunning costs and prosecution costs, as far as noticed that the amount due has not been paid upon maturity without reasonable grounds. The damages mentioned are indebted in order to compensate VLEVY N.V. for any non-legal expenses, wasting of time, administrative costs and fees.

7.

The seller declines any responsibility for any kind of damage, directly or indirectly due to the buyer’s or third party’s nonobservance of the local standards and regulations on using his products, whether industrially or not.

8.

The buyer must collect an order within the contractual terms of delivery. The contractual terms of delivery are, unless explicitly agreed otherwise, only approximate and will not bind the seller. Any delay will not entitle the buyer to terminate the contract or to claim any damages. If the buyer does not collect the ordered goods in time, the seller has the possibility to store them at the buyer’s charge and risk.

9.

The seller may not be held liable if the non-performance of his obligations is attributable to a force majeure, including war, riots, partial or general strike, partial or general lock-out, contagious diseases, work accidents, fire, etc. A force majeure suspends the term of delivery and does not entitle the customer to any damages or to termination of the contract.

10.

Only the courts of Ghent are competent to settle any disputes.

11.

The contract is governed only by Belgian law.

12.

Should one or more stipulations in these terms prove to be null and void, all other clauses will remain applicable.

13.

These terms have automatically priority over the purchase terms of the buyer.

14.

In case of dispute concerning the interpretation of the present terms, the Dutch version will prevail.