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Sales of products by Danly Europ S.A. are governed exclusively by these general conditions of sale. These conditions supersede and supersede any prior agreement and any different conditions stipulated by the buyer.
Any changes to these conditions must, in order to be valid, be subject to the prior written agreement of Danly Europ S.A.
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Danly Europ S.A. prices are net, value added tax not included. Prices may be adjusted without notice in the event of a change in economic conditions or government measures, increase in exchange rates or any taxes, wages, transport or raw material prices occurring up to the day of delivery, even if this change or increase was foreseeable.
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All invoices are payable at the head office of Danly Europ S.A. 30 days from the end of the month of invoicing, in cash, bank check or bank transfer to the bank account number indicated on the invoice. the costs incurred are borne by the buyer.
Any invoice not paid on the due date bears interest automatically and without prior notice at the rate of 1% per month, from the due date, and will also be increased automatically and without notice by 15% with a minimum of 25 EUR, as lump sum compensation, without prejudice to the right of Danly Europ SA to claim higher damages.
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The products delivered by Danly Europ S.A. remain its exclusive property until full payment of the price, plus, where applicable, default interest and damages.
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Delivery takes place ex Danly Europ S.A. stores. The risks of damage and loss are, from this moment, borne by the buyer. Delivery times are given for information only. In the event of any delay, the buyer may not claim damages, refuse or defer delivery or payment, or cancel his order.
The choice of means of transport is left to the buyer without this entailing any liability on the part of Danly Europ S.A.
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The products will be considered accepted by the buyer if no complaint has been notified to Danly Europ S.A. by registered letter within eight (8) days of receipt of the invoice.
No other complaints will be accepted.
No claim may be invoked to defer or refuse to make a payment.
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The buyer declares to know the responsibilities and the technical restrictions of the products sold. Danly Europ S.A. guarantees the operation of its products in accordance with the relevant specifications under normal conditions of use.
In the event of a material or manufacturing defect or non-conformity recognized by Danly-Europ SA, the liability of Danly Europ SA is expressly limited to the free replacement or reimbursement of the price, at its sole discretion, of the defective product, the exclusion of any other compensation for direct or indirect damage.
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Without prejudice to its right to claim damages, Danly Europ SA reserves the right to consider the sale as canceled automatically and without formal notice being required in the event of non-payment on the due date of a invoice and in the event that the buyer's financial situation appears to him to be compromised, in particular in the event of a protest of a bill of exchange, summons for payment, declaration of bankruptcy, request for composition, filing of a declaration of bankruptcy on admission, or liquidation of the company by the buyer.
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In the event of total or partial nullity of the stipulations of its general conditions of sale, the other stipulations remain entirely valid. The contracting parties undertake to replace the stipulations rendered inoperative by others which come as close as possible to them.
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The contracts and these general conditions of sale are exclusively governed by Belgian law.
Only the Courts of First Instance or Commercial Courts of Liège will be competent to hear any disputes.