GENERAL DELIVERY AND SALES CONDITIONS (GTC)
EP PLUS BV (EP plus)
These general terms and conditions of delivery and sale form an integral part of the sales agreement between EP plus, hereinafter referred to as the seller, and its customer, hereinafter referred to as the buyer.
The buyer acknowledges having received a copy of the general terms and conditions of delivery prior to the sale agreement and accepts this. Deviations from these general terms and conditions of delivery are only permitted if they have been agreed in writing between both parties.
Our technical and price offers are non-binding. Prices are in Euro, excl. VAT, unless stated otherwise. Technical information and recommendations are provided for guidance only and are not binding.
3. PRODUCT SPECIFICATIONS
The manufacturer of the products offered delivers in accordance with the specifications and standards laid down in the technical documentation provided to the buyer. The producer provides proof of analysis and origin certificates regarding the products supplied. These documents can be requested by the buyer.
4. WARRANTY AND LIABILITY
The seller delivers in accordance with the technical and price offers issued in writing, which are known and accepted by the buyer prior to the sales agreement. If the delivered products deviate from the specifications and standards published by the manufacturer, and the buyer has subsequently submitted a well-founded complaint, the deviating products will be taken back and replaced. During the complaint handling and afterwards, the seller remains the owner of the delivered products, in accordance with point 5 below. The seller is not responsible for the final use and application of the products delivered by him and can therefore not be held liable for any damage resulting from misuse or incorrect application.
5. RETENTION OF TITLE
The seller remains the owner of the delivered products until the buyer has fulfilled all the provisions of the sales agreement. If the buyer does not comply with these provisions, the seller will declare the buyer in default and is entitled to reclaim the delivered products. The costs incurred in this respect shall be borne by the buyer who has been declared in default. Upon transfer of ownership, the buyer acquires no rights with regard to the trademarks of the seller or the manufacturers/suppliers involved. The sales agreement does not allow either party to transfer rights and obligations to a third party, unless otherwise agreed in writing.
6. FORCE MAJEURE
In the event of force majeure, i.e. circumstances beyond the seller's responsibility, which make it impossible for him to fulfill his obligations, the seller's delivery and other obligations towards the buyer are suspended. In the event of force majeure, the buyer cannot assert any rights against the seller, nor claim any form of compensation.
7. DELIVERY PERIOD
The delivery period starts after the seller has received an official, written order from the buyer and has accepted and confirmed it in writing. The agreed delivery term is not a strict deadline, unless expressly agreed otherwise.
8. PARTIAL DELIVERIES
If the delivery cannot take place in one go, the seller will make the delivery in parts, in consultation with the buyer. The seller is then authorized to invoice each part separately.
9. TRANSPORT AND STORAGE
The transport costs are at the expense of the buyer, unless agreed otherwise. Transport takes place to the production site or warehouse of the buyer, unless the destination has been agreed otherwise in writing between the buyer and the seller. After the delivery has taken place by the seller, the buyer is responsible for the storage and shelf life of the delivered products. The seller cannot be held liable for any changes to the product, loss, theft or any other risk to which the delivered products are exposed after delivery. These risks are assumed even if no transfer of ownership has yet taken place.
Complaints must be made in writing as soon as possible, stating all relevant details on which the complaint is based. The seller will deal with well-founded and accepted complaints as soon as possible, in accordance with point 4 above.
Any deviating products must be made available to the seller for collection as soon as possible and may in no way be used. Submitting a complaint does not release the buyer from his payment obligation. Complaints are part of a separate file, are handled individually and separately, and do not give rise to a reduction or adjustment of the invoice amount related to the complaint. The prices agreed in the original agreement will continue to apply, as will all other provisions of the original invoice. Any claims submitted by the buyer can never exceed the contract value of the complained products.
The standard payment term of EP plus is 30 days net, from the delivery date, unless otherwise agreed in writing.
The seller is entitled to demand advance payment of the invoice before proceeding to delivery or continuation of deliveries. Payments must be made by transfer to the IBAN account no. BE36 0016 3601 0181, BIC code GEBABEBB of the bank BNP PARIBAS FORTIS. The total amount to be paid must always be transferred in full, without deduction of bank or other costs.
After expiry of the agreed payment term, the buyer is in default, without any notice of default, and a fixed compensation of 10% applies to the invoice balance, with a minimum of € 25.00. In the event of persistent non-payment, despite a reminder by registered letter, the file can be transferred to a specialized third party, who is mandated for the collection of the outstanding balance, including compensation, plus legal interest, a fixed collection cost of € 25.00 and a fixed compensation of 20% on the invoice amount due.
12. TERMINATION OF THE AGREEMENT
If, after the conclusion of the sales agreement, it appears that there are valid reasons to assume that the buyer will not fulfill his obligations, the seller reserves the right to unilaterally suspend or cancel the sales agreement, without prejudice to the right of the seller to claim damages.
In case of disputes, only the court of Antwerp has jurisdiction and Belgian law applies.
EP plus BV
Van Luppenstraat 35
VAT: BE 0829 184 803
VAT: NL 8255 494 25 B01
Bank: BNP Paribas Fortis
IBAN: BE36 0016 3601 0181