1. Fremach is only bound to its own offer and/or order confirmation and these conditions, expressly excluding the Client’s own contractual conditions.
2. All stated delivery times are to be used for information purposes only.
3. The delivery of goods will take place ex works Fremach. From this moment all of the risk associated with the goods is transferred to the Client. Transport of the goods will always occur at the Client’s own risk and expense. As Fremach’s products are only made to order, an over or under run within 10% can always constitute fulfillment of the order.
4. Fremach only has a means agreement for the provision of services. It is the Client’s responsibility to provide proof that Fremach did not take the necessary care which could be expected when providing services.
5. All invoices are payable 30 days after the invoice date. Payment needs to be made to the registered office of Fremach. The goods remain the exclusive property of Fremach aslong as they remain unpaid. From their due date all unpaid invoices will be increased, by law and without formal notice, by the base interest rate with an additional 7 percentage points and rounded-up to the nearest half a percentage point (art. 5, Act 02/08/2002). In addition, all unpaid invoices will be increased, by law and without formal notice, by a fixed interest rate for compensation set a 10% of the outstanding amount on the invoice, except when the actual collection charges - including the costs for legal aid - are higher (art. 6. Act 02/08/2002).
6. Fremach provides a guarantee of the reliability of the goods/services it delivers for a period of 6 months following delivery. In the event of a faulty delivery demonstrated by the Client, Fremach will either exchange the Faulty goods, or provide the services again, or credit the corresponding invoice, at its own discretion. The Fremach’s guarantee obligations are strictly limited to the above.
7. Irrespective of its entitlement to compensation for damages, Fremach is entitled to either postpone or rescind the agreement by law by merely sending a registered letter to that effect, in the event of the Client’s failure to pay on a single due date, or failure to fulfill any other contractual obligations.
8. This transaction is governed bij Belgian law. In the event of a dispute the courts of law assigned by Fremach have exclusive jurisdiction, being understood that that Fremach is entitled to bring the dispute before the courts of the Client’s registered office or where the Client resides.