GENERAL TERMS OF SALE

1. GENERAL

Unless otherwise agreed in writing, the present conditions shall apply to all transactions entered with our company.

General conditions of purchase used by our customer shall in no event be binding upon us unless expressly accepted by us in writing.

2. QUOTATIONS

Descriptions contained in catalogues, brochures or other printed matter shall not be binding upon GADUS NV unless they have also been confirmed in writing for a specific transaction.

The execution of any order placed and accepted shall be strictly limited to the goods and services expressly specified in the quotation or specifications issued by GADUS NV.

Any additional deliveries or services shall be invoiced separately.

3. CANCELLATION OF ORDERS

All orders placed and not rejected by GADUS NV shall be deemed binding.

They may not be cancelled unilaterally by the purchaser.

4. PRICES AND CONDITIONS

Official fluctuations in the components of the cost price (including wages, raw materials, import duties, transport costs, etc.) occurring during the term of the contract shall always be taken into account.

For goods originating abroad, fluctuations in exchange rates between the date of the contract and the date of delivery shall be charged accordingly.

Representatives shall not be entitled to bind GADUS NV unless quotations have been confirmed in writing by our company.

For the purpose of these conditions, the term ‘representatives’ refers to the sales personnel of GADUS NV.

5. DELIVERY AND RISKS

Each delivery shall be made within the shortest possible period.

Unless otherwise agreed in writing, any delay in delivery shall under no circumstances entitle the purchaser to cancel the order or to claim compensation or damages of any kind, including any contractual penalty for delay.

Partial deliveries may not be refused.

6. TERMS OF PAYMENT

All invoices shall be payable at the registered office of GADUS NV in Nieuwpoort.

Unless otherwise expressly agreed in writing, our invoices shall be payable within thirty (30) days from the invoice date.

Any amount remaining unpaid on its due date shall automatically and without prior notice bear interest at a contractual default interest rate of 10%.

In the event of non-payment on the due date, GADUS NV reserves the right to increase the invoice amount by 10%, with a minimum surcharge of EUR 40.

The drawing and/or acceptance of bills of exchange or any other negotiable instruments shall not constitute a novation of debt and shall not derogate from these terms of sale.

7. DISPUTES

Deliveries not protested in writing within twelve (12) hours shall be deemed accepted without reservation.

Invoices not protested in writing within eight (8) calendar days shall be deemed fully accepted.

In the event of any dispute, the courts of Veurne shall have exclusive jurisdiction.

8. RIGHT OF OWNERSHIP

We retain title to the goods supplied until the purchase price has been paid in full.

Any advance payments made shall be retained by the Seller as compensation for any potential losses arising from the resale of the goods.

9. PACKAGING

The wholesale purchaser shall offer, sell and deliver all goods supplied by GADUS NV exclusively under the GADUS trademark(s) and in the original packaging supplied by GADUS NV. No alteration to such packaging shall be made.

10. CREDITWORTHINESS

Should GADUS NV lose confidence in the purchaser’s creditworthiness, it reserves the right to require appropriate guarantees.

If the purchaser fails or refuses to provide such guarantees, GADUS NV may cancel the order in whole or in part, even if the goods have already been dispatched.