General terms of sale
This English text is a convenience translation of the official Dutch and French terms of sale of ABC Expo NV, Langevelde 22, 1785 Merchtem, VAT BE0432.984.937. If there is any conflict, the Dutch and French versions prevail.
Article 1
Placing an order means that the customer unreservedly accepts all terms, both general and special, which remain valid notwithstanding any contrary terms of the customer. All orders must be produced within 3 months after the invoice date. After that, an additional cost may be charged.
Article 2
An order is valid only after receipt of the order form duly signed by the customer. Only ABC Expo may invoke this obligation.
Article 3
Any request for a study by a customer will be followed by ABC Expo with a preliminary design of a plan or of lettering or decoration, together with a complete non-binding cost estimate, but will already be subject to these general terms.
If, after presentation of a preliminary design, the customer requests changes, alterations, additions or a new preliminary design, and no order is placed, the customer will automatically owe compensation equal to 20% of the amount of the first cost estimate.
Preliminary designs, designs, plans etc. remain the full property of ABC Expo, even in the event of termination.
They may in no case be executed, handed over or communicated to third parties without prior written permission from ABC Expo. Any unauthorised copy, even partial, of work designed by ABC Expo will automatically give rise to a flat-rate, agreed and non-reducible compensation of 30% of the amount of the cost estimate.
Article 4
In addition to sale and rental, all work by ABC Expo is carried out against payment, such as cutting of profiles, assembly, dismantling, presentation work etc., with prices relating in particular to labour hours, use of machine tools, manufacture of moulds and dies, travel costs etc.
Article 5
ABC Expo cannot in any case be held liable for damage of any kind caused by the falling of walls, accessories of the structures or of the decoration, whether during installation, during trade fairs, shows etc., or during removal.
The same applies to all goods belonging to the customer that are delivered to our workshops or transported by us, for their handling and adaptation to the structures, décors etc.
Article 6
Sold or rented material is under the full and exclusive responsibility of the customer, who must take out insurance against all damage resulting from its use, in particular against theft, fire and neighbouring claims. As rented material and furniture are delivered in perfect condition, any disappearance, damage or failure to return will result in ABC Expo charging the customer the normal selling price at the time of the facts. The customer is strictly forbidden to alter the structure of the stand, even partially, to paint, wallpaper or change the planned colour scheme, and also to hang objects, panels, signs etc. on the stand structures in any way. In the event of a breach of these prohibitions, ABC Expo will, in addition to the cost of removal, charge the normal selling price as above.
Article 7
Prices are always stated excluding VAT.
Article 8
Packaging and delivery costs are always borne by the customer. Any travel costs and labour hours are always additionally borne by the customer unless otherwise stipulated in ABC Expo’s offer. Shipments and deliveries are at the customer’s risk, even when delivered free to the door.
Article 9
ABC Expo makes every effort that a prudent person can make to meet the agreed delivery periods, which are however not binding. No delay can be attributed to ABC Expo or result in cancellation of the order by the customer. In the event of force majeure preventing, for example, the performance of an order, ABC Expo’s obligation may at its discretion be cancelled, without any compensation.
Article 10
Goods and products are approved upon receipt by the customer, who is required to inspect them immediately. Any complaint must be submitted within three days of receipt, by registered letter. If a complaint relating to the goods is accepted, the lessor will limit its intervention to replacement or repair of goods recognised as defective.
Article 11
In sale, rental or other transactions, customary tolerances will apply to the dimensions, in particular with regard to profiles.
Article 12
All our accounts are payable in cash in Merchtem. Sending the invoice constitutes a formal notice to pay. In the event of non-payment on the due date, interest of 1% per month will be due, as well as an agreed flat-rate and non-reducible penalty of 10% with a minimum of 65 euro per unpaid invoice.
Any cancellation by a customer after receipt of an order validly signed by the customer will result in compensation in favour of ABC Expo equal to 15% of the amount of the transaction, as agreed flat-rate and non-reducible compensation.
Article 13
The goods remain the property of the seller until full payment by the buyer. Transfer of risk takes place at the time of delivery of the goods, notwithstanding the retention of title clause.
Article 14
All bills of exchange or instruments issued by us do not constitute novation of our original claim, nor a departure from these general terms.
Article 15
In the event of a dispute, only the courts of the registered office of our company have jurisdiction; the seller reserves the right to waive this jurisdiction clause at any time.
Article 16
In the case of a contracting agreement, an advance of 50% is required, and the contract is validly concluded only on the day this advance is paid and the duplicate of the contract duly signed for agreement has been received.
All the general terms mentioned above apply to such a contracting agreement.