Willy De Nolf NV: General Terms and Conditions of Sale and Delivery

(1) The placement of an order implies that the buyer accepts these terms and conditions of sale. Previous price lists and any other (existing or previous) terms of sale are null and void. All offers are free of obligation and are made under a sales reservation.

(2) JURISDICTION:

In the event of disputes only the law courts in the judicial district of Kortrijk or another court chosen by the seller are authorised to adjudicate. All agreements and any disputes arising are governed solely by Belgian law.
 

(3) PRICES:

- All prices are net prices and are listed in euros, without a discount, excluding shipment, packing, or any other service. The prices are without obligation and V.A.T. is not included. All invoices are payable in euros unless there is an explicit agreement to the contrary.
- Unless otherwise stipulated by the buyer, the seller has the right to replace missing varieties with the most similar variety and to replace missing sizes with the closest equivalent.

 

(4) CANCELLATION:

The seller always has the right to cancel an order, even when it was confirmed in writing, without being liable for further damages, if it is found that:
previous invoices have not been paid by the expiry date;
references received concerning the buyer are not considered reliable enough. The seller does not have to disclose the source of this information;
it is not possible to deliver due to a bad harvest or circumstances beyond one’s control such as inclement weather, constant periods of frost, frost damage, and all other abnormal circumstances which make it impossible for the seller to carry out a normal delivery.

(5) GUARANTEES:

- Plant volume and quality: The seller only guarantees the pot sizes of the plants. Heights or diameters are only given as indications without obligation.
- The seller does not under any circumstances guarantee the growth, bloom, or repossession of the supplied plants, even by another explicit agreement to the contrary.

(6) SUPPLY:

- The goods are transported at the cost, risk, and danger of the buyer, even in the event of a carriage-paid shipment.
- Delay in the supply can never be taken by the buyer as a reason to claim compensation.
- If the buyer cancels a placed order or part of an order, the compensation for the seller shall be estimated as 30% of the value of the cancelled order without prejudice to the right of the seller to prove any higher loss.
- New customers who place an order are required to provide sufficient references or to pay in advance or pay using irrevocable documentary credit. Goods shall be sent for later payment only in cases stipulated in advance.

(7) OWNERSHIP RESERVATION:

The seller remains the owner of the goods until the goods have been paid for in full. The risk on the sold goods is transferred at the time of the consensus ad idem concerning the terms and conditions of the purchase.
 

(8) CC CONTAINERS:

If CC containers are not  exchanged a t the time of delivery, the buyer is liable for the following hire (see also the page Packaging, labels and delivery):
0,25 EUR a day for a CC container and 0,04 EUR a day for a shelve.
 

(9) COMPLAINTS:

- All refused deliveries and complaints must be announced and justified to the seller by e-mail within 3 working days of the delivery on penalty of expiry. All complaints must include images of the relevant issues to document the complaint.
- In the event of the goods being lost or damaged whilst in transit, the buyer must take recourse against the carrier, who bears the sole responsibility, and, if necessary, against the insurer, and must always send a copy to the seller.


(10) PAYMENT:

- All invoices are payable immediately and after tax at Waregem unless there is an explicit alternative agreement, which is stated on the order confirmation and on the invoice.
- In the event of non-payment by the expiry date, default interest of 2% per month shall be due legally and without notice of default from the stated expiry date to the day of the actual payment. Moreover, in the event of non-payment by the expiry date, the buyer also legally has to pay fixed compensation, without notice of default, of 20% of the invoice amount and no less than 125 EUR.
- Moreover, foreign buyers, whom we have invoiced in a currency other than euros with our explicit consent, are responsible for possible exchange rate losses as a result of a late payment, and the seller has the right to demand this exchange rate loss by means of irrevocable bank guarantees. Writing out bills of exchange or promises, or the acceptance of payments, and carriage paid shipment shall not under any circumstances change or limit the judicial authority stipulation.


(11) LANGUAGE:

Translations of these terms and conditions of sale are issued for information purposes only. The Dutch text is the only one which is legally valid.