1. Our deliveries are made according to the following conditions, which can only be deviated from in writing, either deviations set by the seller or deviations resulting from a special agreement between the parties. The general or special terms and conditions of the purchaser are only contradictory to ours insofar as they have been included in the contract by means of an express agreement. The purchaser may not under any circumstances or on any occasion rely on our tacit acceptance of its general terms and conditions of purchase.
2. Any incomplete delivery shall result in a freight surcharge per missing m³, unless it concerns a daily delivery balance.
3. The normal unloading time is 5 minutes per m³. A compensation will be paid for each additional minute.
4. The access roads to the places where the goods are to be delivered shall be constructed and maintained by the customer in such a way as to guarantee that the delivery of the material can take place in the best conditions and subject to compliance with the statutory provisions governing road traffic. Any damage arising from the inadequate construction or poor maintenance of the access roads shall be the responsibility of the customer.
5. For collected concrete, Kerkstoel Beton is not responsible for any loaded overweight. Acceptance of the quality and quantity is tacit on departure.
6. The undersigned declares to have read the general terms and conditions of sale of Kerkstoel Beton.
7. The customer shall provide a place where the lorry can be rinsed off, with due regard for the protection of the drains and sewers in order to prevent them from becoming blocked. Any damage caused directly or indirectly by disregarding this article to the buyer or third parties, sewers, pavements, etc. shall be borne solely by the buyer.
1. Our sales are subject to the following conditions, which can only be deviated from in writing, either by deviations set by the seller or deviations resulting from a special agreement between the parties. The general or special terms and conditions of the purchaser are only contradictory to ours insofar as they have been included in the contract by means of an express agreement. The purchaser may not under any circumstances or on any occasion rely on our tacit acceptance of its general terms and conditions of sale.
2. Our invoices are payable in cash at our registered office in Grobbendonk. The acceptance of cheques or bills of exchange does not alter this. If a term of payment is granted in the special conditions, this agreement shall only apply in so far as it has been approved by our credit insurer. In the absence of such approval or if the permitted credit is suspended, Kerkstoel Beton reserves the right to stop all deliveries and demand cash payment for each subsequent delivery.
3. If the invoice is not paid on time, interest of 10% per year will be payable on the outstanding balance, ipso jure and without notice of default. In addition, the invoice amount will be increased by right and without notice of default with a compensation of 10%, which will however be at least 75 Euro.
4. Kerkstoel Beton retains the right of ownership to the goods supplied until the buyer has paid the price in full. Nevertheless, the buyer bears the risk of loss, damage or destruction of the goods. As long as the goods have not been paid for in full by the buyer, he may not transfer ownership of them to third parties, unless in the exercise of his normal profession or for the normal use of the goods. In the event of non-compliance with these conditions, the sales price shall be immediately due and payable.
5. The buyer acknowledges having been fully informed and updated on the functional and technical specifications specific to the purchased product, including its use, operation, quality, processing, treatment, maintenance, resistance to time and weather conditions, etc. This list is not exhaustive.
6. The composition and quality of the concrete shall comply with the official standard NBN-B15-001, unless other requirements were explicitly stipulated in the agreement. Unless stipulated otherwise, the colour of the concrete is not guaranteed. The additives made available to us by the purchaser shall be added at his responsibility and, unless otherwise stipulated, the additional costs of this operation shall be borne by him. Any addition of an additive, auxiliary material or water on the site made at the request of the purchaser or his representative automatically releases us from the obligation to observe the initially foreseen resistances as stipulated in the contract. The delivery note shall state the quantity of the added water and/or additive or auxiliary agent. This addition shall be co-signed by the purchaser or his representative on the construction site. The BENOR-mark is thereby cancelled.
7. Approval of both the quality and the quantity of the goods delivered is assumed to have been given when they are made available to the customer and the latter explicitly or implicitly accepts them. The removal of concrete for inspection in a laboratory appointed for this purpose by mutual consent and the tests on the site must be carried out in the presence of Kerkstoel Beton's laboratory technician and must satisfy the conditions prescribed by standard NBN-B15-001 'Stortklaar Beton'. If this is not the case, the results obtained may not be invoked against Kerkstoel Beton. If the quality of the concrete does not meet the conditions set in the agreement, Kerkstoel Beton's intervention shall be limited to refunding the value of the rejected concrete and paying the analysis and testing costs. In any event, the complaint must be made in writing within a reasonable period.
8. If the buyer unilaterally terminates the purchase agreement, he shall be obliged by law and without notice of default to pay compensation of 20% of the total value of the order.
9. Unless stipulated otherwise, the execution deadlines will only count as information. Any delay on the part of Kerkstoel Beton cannot result in a claim for damages or invalidity of the agreement.
10. A difference of 2% in more or less in our deliveries is accepted and cannot give rise to settlement. The invoicing of the quantity of concrete delivered shall take place on the basis of the quantities stated on our delivery notes, to the exclusion of any other form of provision.
11. Any taxes or assessments, as well as those introduced during the execution of the contract, of any nature whatsoever, which would burden the product, the raw materials or its transport, shall be borne by the purchaser.
12. The following shall be considered to be extraneous causes for which the seller cannot be held responsible and which therefore relieve him of all indemnity and responsibility in the sense of articles 1147 and 1148 of the Civil Code: strikes, broken out in whole or in part in our production unit or at our suppliers of raw materials, lockout, accidents, fire and any enforced restriction on manufacture, as well as the lack of transport material or fuel, quarantines, epidemics, mobilisation, state of siege, state of war, interruptions and breakdowns of transport, frost, etc. This enumeration is not exhaustive.
13. If the buyer does not properly or timely comply with any obligation resulting from the agreement, the seller shall be entitled, without notice of default and/or judicial intervention, to suspend the execution of the agreement or, at his discretion, to consider this agreement to be fully or partially dissolved.
14. The purchaser expressly and unconditionally acknowledges that the sale is governed by Belgian law. The purchaser also expressly and unconditionally acknowledges that all disputes arising as a result of the sale will be exclusively settled by the Belgian courts, and more specifically by the Peace Court of Westerlo and the Court of First Instance or Commercial Court of Turnhout.