General terms and conditions
General terms and conditions
Article 1: Applicability:
These general conditions of sale apply to all offers, orders, and deliveries by Rudi Hendrikx, to the exclusion of the buyer’s general conditions. Deviation from these general conditions is only possible if special conditions are expressly included in an offer or agreement in writing. Should there be a contradiction between the general conditions of sale and the special conditions contained in the offer or agreement, the special conditions expressly agreed in writing will prevail.
The application of these general terms and conditions of sale is accepted by the buyer by the mere fact of concluding a contract or accepting a delivery. No deviation from these general terms and conditions of sale may be granted unless such deviation is expressly agreed upon in writing.
Article 2: Quotations:
All Rudi Hendrikx’s offers are always without obligation and remain valid for a limited period of 30 (thirty) days from the date of the offer, even without explicit mention of this option period.
Article 3: Prices:
All offers, rates and price lists are indicative unless otherwise agreed in writing by Rudi Hendrikx. All prices are per unit or per bottle, including VAT, unless otherwise stated.
Article 4: Delivery Terms:
The delivery dates given are indicative and are not binding on Rudi Hendrikx unless otherwise agreed in writing. In the event of delay, the stated delivery dates cannot constitute grounds for any claim or compensation.
Article 5: Retention of title:
Goods delivered by Rudi Hendrikx remain the property of Rudi Hendrikx until full payment for the goods has been received. Rudi Hendrikx is entitled to demand security from the buyer regarding the fulfilment of his/her obligations. The exercise of this right does not imply a waiver of Rudi Hendrikx’s reservation of title.
Should the buyer fail to provide the requested guarantees, Rudi Hendrikx is entitled to suspend its performance or to unilaterally terminate all or part of the agreement at the buyer’s expense and to recover the goods.
Article 5: Force majeure or coincidence:
In the event of force majeure or unforeseen circumstances, Rudi Hendrikx will be released ipso jure from any obligation without the purchaser being able to claim any compensation. Force majeure covers all circumstances not attributable to any fault on the part of Rudi Hendrikx which render the execution of the agreement impossible, difficult or delay it. In the event of partial delivery or partial performance of the agreement, the buyer will remain obliged to pay for what has been performed/delivered, without the buyer being entitled to any compensation.
Article 6: Delivery:
Delivery shall be made after acceptance of the order and shall be made with additional compensation as follows:
- For deliveries in Belgium transport 15 euros VAT included.
- For deliveries in the Netherlands transport 20 euros VAT included.
Deliveries are made at the buyer’s risk and delivery by Rudi Hendrikx does not relieve the buyer of these risks.
Article 7: Cancellation:
Should the purchaser refuse or cancel an order, Rudi Hendrikx reserves the right to unilaterally and immediately dissolve the agreement at the expense of the purchaser without judicial authorization and without prior notice of default. In this case, the purchaser will owe fixed damages of 30% of the total purchase price, without prejudice to Rudi Hendrikx’s right to claim higher damages, taking into account the actual damage suffered.
Article 8: Payment:
Unless otherwise agreed in writing, all invoices are payable in cash upon delivery. The place of payment is at the registered office of Rudi Hendrikx. Any invoice which remains unpaid on its due date will give rise, ipso jure and without prior notice of default, to interest on arrears of 1% per month from the due date of the invoice until the date of full payment, as well as liquidated damages of 10% with a minimum of EUR 125.00, without prejudice to Rudi Hendrikx’s right to claim higher damages, taking into account the actual loss suffered.
Failure to pay an invoice in whole or in part on its due date shall cause all other sums and unexpired invoices to become immediately due and payable.
Should the purchaser fail to comply with the payment conditions or other obligations, Rudi Hendrikx will be entitled to suspend or postpone its obligations with respect to the current agreement as well as all other current agreements between the parties. Rudi Hendrikx also reserves the right to unilaterally dissolve the agreement without judicial authorization and without prior notice of default.
Article 9: Complaints and Disputes:
To be valid, complaints regarding the goods delivered, as well as regarding the invoices, must be formulated clearly and clearly and sent by registered letter within eight days to Rudi Hendrikx, 3580 Beringen (Belgium), Paalsesteenweg 55/1.
In the event of a dispute between the parties, both parties undertake to cooperate in a speedy resolution thereof. Under no circumstances can complaints, even when formulated in a timely manner, give rise to a suspension of the buyer’s payment obligation.
Article 10: Governing law and jurisdiction:
Belgian law will apply to any dispute arising from this agreement. The courts in the district of Rudi Hendrikx’s registered office have jurisdiction, without prejudice to Rudi Hendrikx’s right to designate another competent court.Belgian law will apply to any dispute arising from this agreement. The courts in the district of Rudi Hendrikx’s registered office have jurisdiction, without prejudice to Rudi Hendrikx’s right to designate another competent court.
