GENERAL CONDITIONS OF SALE AND SERVICE
1. SCOPE AND DEROGATION : The present general conditions of delivery and sale are applicable to all orders and all deliveries of products as well as to all conventions relating to the supply of product by IJ Grupo 44 S.P.R.L to his customer. All the provisions of these conditions are applied between the parties unless it is expressly waived in writing. The lack of validity of any of the clauses of these general conditions of delivery and sale does not affect the validity of the other clauses. The application of the general conditions of the customer is excluded. In case of interpretation problem, the text in French will prevail.
2. OFFERS AND ORDERS : Orders placed by the customer are final and irrevocable, unless the customer has asked IJ Grupo 44 SPRL to provide him with an order confirmation specifying the applicable delivery time in which case the customer can cancel without charge his order after the reception of the order confirmation if the announced delivery time does not suit him. The cancellation of the order must be done within a period of less than 24 hours (including non-working days) after confirmation issued by IJ Grupo 44 S.P.R.L.
3. DELIVERY AND DEADLINES : Unless otherwise agreed with the customer, any order will be available within 15 working days from the date of the reception of the payment of the proforma invoice sended previously unless if the delay is related to logistical conditions. At the request of the customer, IJ Grupo 44 S.P.R.L will send him an order confirmation specifying the date of delivery of the products ordered. The arrival date is presumed and it’s not guaranteed. Exceedances of delivery times by IJ Grupo 44 S.P.R.L do not represent for the customer the right to exercise a formal notice, to cancel the order in question, to refuse delivery or to claim damages. IJ Grupo 44 S.P.R.L always has the right to suspend the execution of its own obligations without prior formal notice, when the customer does not respect the obligations placed on him by these general conditions of sale and delivery. Goods travel at the risk of the recipient.
4. PRICES : Unless otherwise stated, prices are exclusive of VAT.
5. PAYMENT : Unless otherwise agreed in writing, the invoices of IJ Grupo 44 S.P.R.L are payable in cash, without discount and without charge to IJ Grupo 44 S.P.R.L, by transfer to the account to IJ Grupo 44 S.P.R.L. The issue and / or acceptance of drafts or other negotiable documents does not constitute novation and does not constitute an exception to the general conditions. In case of infringement by the customer with the terms of payment that have been explicitly communicated to him in writing, as well as in case of bankruptcy, cessation of payment, seizure or death of the customer, the total amount of all invoices will become immediately and automatically due. Any accepted bill or unpaid bill when due produces automatically and without notice of default an interest of 12% per annum from the due date, this interest rate can’t be lower than the calculated rate in accordance with the law of 2 August 2002 about the fight against late payments in commercial transactions and will be increased by a fixed and irrevocable compensation of 10% of the unpaid amounts with a minimum of 125 € without prejudice to the right of the IJ Grupo 44 SPRL to claim compensation for its real damage, including recovery costs of all kinds. In case of non-payment, bankruptcy, credit problems or any changes in the legal status of the customer IJ Grupo 44 SPRL has the right to cancel orders in progress and to end the delivery of products. Invoices from IJ Grupo 44 S.P.R.L which are not disputed in writing 3 days after their dispatch are fully presumed to be accepted by the customer. Understand in this contract that IJ Grupo 44 S.P.R.L transfers to the customer the property of the merchandise only at the time of the total payment of the invoice. Its nationalization, its placing on the market or its destruction will be of the total competence of the customer. You will automatically benefit from the ownership of the goods when the corresponding invoice is paid in full. The total amount of the invoice must be paid at the time of good's delivery to their destination. If appropriate, IJ GRUPO 44 S.P.R.L will exercise its exclusive right of ownership of the goods described in the invoice; thus allowing the goods to be marketed to other potential customers.
6. PACKAGING AND NOTES : Unless otherwise agreed, all packages, racks and pallets remain the property of IJ Grupo 44 S.P.R.L and must be returned in good condition if IJ Grupo 44 S.P.R.L solicits it in writing. In the case of export goods, pallets and packaging will be the property of the buyer.
7. COMPLAINT : The receipt of the goods on delivery without reserve by the customer relieves IJ Grupo 44 S.P.R.L of any liability for apparent defects and product conformity. The existence of apparent defects or lack of conformity that would affect only part of the products does not allow the customer to refuse the entire delivery. In the event of forfeiture, hidden defects affecting products sold by IJ Grupo 44 SPRL must be reported to IJ Grupo 44 SPRL by email or telephone immediately after their discovery, indicating the products concerned (brand and type of packaging), their expiry date and their production code. The customer will immediately take all necessary measures to make the products concerned available to IJ Grupo 44 S.P.R.L and will comply scrupulously with the instructions of this one.
8. FORCE MAJEURE : Upon the occurrence of an event of force majeure (an unforeseeable, unavoidable and external event), IJ Grupo 44 S.P.R.L reserves the right to suspend, in whole or in part, the fulfilment of orders, until the force majeure event has ended. By force majeure events, the parties mean events such as strikes, fires, floods, etc.
9. APPLICABLE LAW AND JURISDICTION : The general conditions of sale are entirely governed by Belgian law. Any sale of goods outside the Belgian territory is considered as an export and is governed by the International Chamber of Commerce through the INCOTERMS, these are considered included in these terms of delivery and sale. The INCONTERMS determine : the price, when and where the transfer of risk takes place from the seller's goods to the buyer, the place of delivery of the goods, the party who rents and pays for the transport, the party paying the insurance, the documents processed by each party and their costs. Only the courts of the judicial district of Mons will be competent in case of disaccord. If it turns out that one of the general conditions of sale was unlawful, void or non-binding, the other conditions would remain fully valid and binding.
10. DOCUMENTATION
1. SCOPE AND DEROGATION : The present general conditions of delivery and sale are applicable to all orders and all deliveries of products as well as to all conventions relating to the supply of product by IJ Grupo 44 S.P.R.L to his customer. All the provisions of these conditions are applied between the parties unless it is expressly waived in writing. The lack of validity of any of the clauses of these general conditions of delivery and sale does not affect the validity of the other clauses. The application of the general conditions of the customer is excluded. In case of interpretation problem, the text in French will prevail.
2. OFFERS AND ORDERS : Orders placed by the customer are final and irrevocable, unless the customer has asked IJ Grupo 44 SPRL to provide him with an order confirmation specifying the applicable delivery time in which case the customer can cancel without charge his order after the reception of the order confirmation if the announced delivery time does not suit him. The cancellation of the order must be done within a period of less than 24 hours (including non-working days) after confirmation issued by IJ Grupo 44 S.P.R.L.
3. DELIVERY AND DEADLINES : Unless otherwise agreed with the customer, any order will be available within 15 working days from the date of the reception of the payment of the proforma invoice sended previously unless if the delay is related to logistical conditions. At the request of the customer, IJ Grupo 44 S.P.R.L will send him an order confirmation specifying the date of delivery of the products ordered. The arrival date is presumed and it’s not guaranteed. Exceedances of delivery times by IJ Grupo 44 S.P.R.L do not represent for the customer the right to exercise a formal notice, to cancel the order in question, to refuse delivery or to claim damages. IJ Grupo 44 S.P.R.L always has the right to suspend the execution of its own obligations without prior formal notice, when the customer does not respect the obligations placed on him by these general conditions of sale and delivery. Goods travel at the risk of the recipient.
4. PRICES : Unless otherwise stated, prices are exclusive of VAT.
5. PAYMENT : Unless otherwise agreed in writing, the invoices of IJ Grupo 44 S.P.R.L are payable in cash, without discount and without charge to IJ Grupo 44 S.P.R.L, by transfer to the account to IJ Grupo 44 S.P.R.L. The issue and / or acceptance of drafts or other negotiable documents does not constitute novation and does not constitute an exception to the general conditions. In case of infringement by the customer with the terms of payment that have been explicitly communicated to him in writing, as well as in case of bankruptcy, cessation of payment, seizure or death of the customer, the total amount of all invoices will become immediately and automatically due. Any accepted bill or unpaid bill when due produces automatically and without notice of default an interest of 12% per annum from the due date, this interest rate can’t be lower than the calculated rate in accordance with the law of 2 August 2002 about the fight against late payments in commercial transactions and will be increased by a fixed and irrevocable compensation of 10% of the unpaid amounts with a minimum of 125 € without prejudice to the right of the IJ Grupo 44 SPRL to claim compensation for its real damage, including recovery costs of all kinds. In case of non-payment, bankruptcy, credit problems or any changes in the legal status of the customer IJ Grupo 44 SPRL has the right to cancel orders in progress and to end the delivery of products. Invoices from IJ Grupo 44 S.P.R.L which are not disputed in writing 3 days after their dispatch are fully presumed to be accepted by the customer. Understand in this contract that IJ Grupo 44 S.P.R.L transfers to the customer the property of the merchandise only at the time of the total payment of the invoice. Its nationalization, its placing on the market or its destruction will be of the total competence of the customer. You will automatically benefit from the ownership of the goods when the corresponding invoice is paid in full. The total amount of the invoice must be paid at the time of good's delivery to their destination. If appropriate, IJ GRUPO 44 S.P.R.L will exercise its exclusive right of ownership of the goods described in the invoice; thus allowing the goods to be marketed to other potential customers.
6. PACKAGING AND NOTES : Unless otherwise agreed, all packages, racks and pallets remain the property of IJ Grupo 44 S.P.R.L and must be returned in good condition if IJ Grupo 44 S.P.R.L solicits it in writing. In the case of export goods, pallets and packaging will be the property of the buyer.
7. COMPLAINT : The receipt of the goods on delivery without reserve by the customer relieves IJ Grupo 44 S.P.R.L of any liability for apparent defects and product conformity. The existence of apparent defects or lack of conformity that would affect only part of the products does not allow the customer to refuse the entire delivery. In the event of forfeiture, hidden defects affecting products sold by IJ Grupo 44 SPRL must be reported to IJ Grupo 44 SPRL by email or telephone immediately after their discovery, indicating the products concerned (brand and type of packaging), their expiry date and their production code. The customer will immediately take all necessary measures to make the products concerned available to IJ Grupo 44 S.P.R.L and will comply scrupulously with the instructions of this one.
8. FORCE MAJEURE : Upon the occurrence of an event of force majeure (an unforeseeable, unavoidable and external event), IJ Grupo 44 S.P.R.L reserves the right to suspend, in whole or in part, the fulfilment of orders, until the force majeure event has ended. By force majeure events, the parties mean events such as strikes, fires, floods, etc.
9. APPLICABLE LAW AND JURISDICTION : The general conditions of sale are entirely governed by Belgian law. Any sale of goods outside the Belgian territory is considered as an export and is governed by the International Chamber of Commerce through the INCOTERMS, these are considered included in these terms of delivery and sale. The INCONTERMS determine : the price, when and where the transfer of risk takes place from the seller's goods to the buyer, the place of delivery of the goods, the party who rents and pays for the transport, the party paying the insurance, the documents processed by each party and their costs. Only the courts of the judicial district of Mons will be competent in case of disaccord. If it turns out that one of the general conditions of sale was unlawful, void or non-binding, the other conditions would remain fully valid and binding.
10. DOCUMENTATION
If the customer pays in advance his proforma invoice, he can choose the type of document he wants to import his container: Bill of Lading, Waybill or Tax Release.
If the customer partially pays his proforma invoice, he will be obliged to follow the type of document we have set: Bill of Lading. In this case, we only send to the customer pictures of the loading, boarding confirmation, Bill of Lading (draft) but we keep the Bill of Lading (official) until full payment of the purchased merchandise. Once full payment has been received, we send the documents by express courier to the customer.
If the customer partially pays his proforma invoice, he will be obliged to follow the type of document we have set: Bill of Lading. In this case, we only send to the customer pictures of the loading, boarding confirmation, Bill of Lading (draft) but we keep the Bill of Lading (official) until full payment of the purchased merchandise. Once full payment has been received, we send the documents by express courier to the customer.