1. In the absence of special agreements in writing, all orders automatically convey the purchaser's acceptance of our General Conditions of Sale notwithstanding any contrary stipulation appearing in its own general conditions.
2. Orders that are sent to us directly by our customers or transmitted by our agents or representatives are binding on our company only when they have been confirmed in writing.
3. The times indicated by Pollet S.A. are given only as an indication and no possible delay would entitle the purchaser to cancel the sale, to refuse the goods or to claim damages.
4. Pollet S.A. shall be released from any obligation of delivery in the event of any fortuitous occurrence or force majeure; fortuitous occurrences shall in particular include total or partial strikes, floods, fires, and so on and so forth.
5. The goods remain our property until complete payment. The risks are transferred to the purchaser.
6. Any complaint, to be valid, must be addressed in writing to the Pollet Company no later than five days after the receipt of the goods. Beyond this period, the purchaser shall irrevocably be considered to have approved the goods.
7. All goods that have been sold travel at the purchaser's risk, whatever the mode of transport or the method of paying the transport charge, for example carriage free or due.
8. Our prices are invoiced on the basis of the going rate on the day of the delivery.
9. Unless stipulated otherwise, our invoices are payable in our company's head office, thirty days end of the month. Any delay in the payments shall automatically and without formal notice entail a debit of post maturity interest at the statutory rate plus 1%, as well as a contractual increase, of the sums remaining unpaid, of 15% with a minimum of €75.
Moreover, this late payment would automatically make the balance of any other invoice payable, even when not yet due. The Pollet Company also reserves the option of suspending or cancelling orders in progress, without prejudice to any other recourse.
10. In the event of litigation, of whatever kind, only the Courts of the legal district of Tournai shall be competent.
11. When the purchaser's credit deteriorates, we reserve the right, even after partial performance of a contract, to demand from the purchaser the guarantees that we consider appropriate for the proper fulfilment of the commitments that have been made. A refusal to comply with this would give us the right to cancel the contract either in whole or in part.
12. For exports: in the event of contestation, the Courts of Tournai or the Courts of the purchaser's domicile, at the seller's choice, shall have sole jurisdiction. Incoterm references – 1990 edition.
13. Orders worth less than €600 shall be delivered with a contribution of €35 per order to the transport charges. Orders worth less than €375 shall be delivered with a contribution per order of €10 to the administrative costs and €35 to the transport charges.