Terms and Conditions ​Scope of ApplicationPrices and PaymentDelivery and Retention of TitleWarrantyTermination and Non-Performance in Case of Sale General ProvisionsApplicable Law and Jurisdiction  

Terms and Conditions ​


Scope of Application

The present general conditions are applicable to all orders placed with SPRL FARMIBEL and to all sales contracts, including all ancillary service provisions, as well as all rental contracts. These general sales conditions exclude, in the absence of written acceptance from SPRL FARMIBEL, all general and specific conditions of the co-contractor. No deviation from these general sales conditions will be accepted without written confirmation from SPRL FARMIBEL. The co-contractor acknowledges having received a copy of these general conditions, which therefore fall within the contractual scope.

Prices and Payment

Any order will only be accepted by SPRL FARMIBEL after receiving written confirmation from the buyer and after payment of a deposit of ...% of the order value. The balance of the price must be paid no later than the day before the delivery of the goods. Unless otherwise stipulated, all invoices are payable at the headquarters of SPRL FARMIBEL, in cash and without discount. Any claim relating to the invoice must be notified to SPRL FARMIBEL no later than seven days after its receipt, otherwise it will not be taken into account. In the event of non-payment of an invoice by its due date, it will bear interest calculated at a rate of 10% per annum by right and without prior notice. Similarly, any invoice unpaid by the due date will result in the automatic and without prior notice, imposition of a fixed compensation amounting to 15% of the order, with a minimum amount of €250.00, without prejudice to late payment interest. In the event of judicial recovery of the invoice, the debtor will also be liable for reasonable recovery costs such as attorney fees, bailiff fees, court costs, procedural indemnity, and internal management fees. In case of non-compliance by the co-contractor with its payment obligations, SPRL FARMIBEL reserves the right to suspend the execution of other orders.

Delivery and Retention of Title

The goods are delivered to the headquarters of SPRL FARMIBEL. Consequently, the buyer will bear the transportation costs and risks related to the goods from the moment they take possession, or failing that, from the moment they are made available to them. If the buyer designates another delivery location, the removal and, if applicable, storage of the goods will be at their expense, risk, and peril. Delivery times are given as an estimate. Any delivery delay cannot result in the termination of the contract by the buyer or the payment of damages by SPRL FARMIBEL. This clause does not apply to a buyer acting for non-professional purposes. The delivered goods remain the property of SPRL FARMIBEL until full payment of the price, late payment interest, and any possible indemnity. In the event of non-payment of the price on the due date, SPRL FARMIBEL has the right to reclaim the goods at the buyer's expense and to retain them until full payment of the principal, interest, accessories, and costs, with the buyer unable to resell or pledge them without the prior written consent of SPRL FARMIBEL. The buyer agrees to immediately notify SPRL FARMIBEL of any seizure by a third party of the sold goods for which the price has not been fully paid. Similarly, the buyer agrees to immediately inform SPRL FARMIBEL if the delivered and unpaid goods are located in rented premises.

Warranty

Any notification of an apparent defect or non-conformity affecting the delivered goods must be made to the seller within seven days of delivery. The acceptance of the goods by the buyer or one of their agents covers any apparent defects that could or should have been detected at the time of delivery. Any notification of a hidden defect must be made to SPRL FARMIBEL within fifteen days of its discovery by the buyer or within fifteen days from when it could reasonably have been discovered. Any legal action related to hidden defects must be initiated within thirty days from their discovery by the buyer or from the moment they could reasonably have been discovered, or from the day negotiations for an amicable settlement failed. No goods may be returned to SPRL FARMIBEL without its prior written consent. In the case of a sale to a non-professional buyer, during a period of one year from delivery, the warranty of SPRL FARMIBEL is limited exclusively to either the repair or replacement of the defective goods, or to the refund of the invoiced price, without compensation. Furthermore, SPRL FARMIBEL's liability is excluded in the event of damage caused jointly by a defect in the delivered goods and by the fault of the victim or a person for whom the victim is responsible. The warranty expires after this one-year period.

Termination and Non-Performance in Case of Sale 

n the event of non-payment of the price, SPRL FARMIBEL has the right to choose either the forced execution of the agreement, along with the interest and indemnities provided for in Article 2 and the reservations stipulated in Article 3, or its termination at the fault and expense of the buyer, subject to the payment of a cancellation indemnity equal to 30% of the order value, excluding VAT. In the case of unilateral termination of any sale by the buyer without a valid reason, the buyer owes SPRL FARMIBEL a cancellation indemnity equal to 30% of the order value, excluding VAT. Except in cases of force majeure, if the seller fails to fulfill any obligation of the agreement, causing harm to a buyer acting for non-professional purposes, the seller, after receiving a notice of default to which they have not responded within fifteen days, will owe the buyer an indemnity equal to 10% of the order value, excluding VAT.

General Provisions

The nullity or unenforceability of any clause in these general conditions shall not affect the validity or enforceability of the other clauses. If necessary, the parties agree to replace the null or unenforceable clause with a valid clause that is as close as possible economically to the null or unenforceable clause. The fact that SPRL FARMIBEL does not invoke these general sales conditions at a given time shall not be interpreted as a waiver of the right to invoke them.

Applicable Law and Jurisdiction  

These general conditions are governed by Belgian law, even in the event of a call for guarantee, a request for forced intervention, or a counterclaim. Any dispute relating to the formation and execution of the contract, as well as the interpretation of these general sales conditions, is subject to the exclusive jurisdiction of the courts of the judicial district where SPRL FARMIBEL has its registered office. This jurisdiction clause also applies when the buyer has their domicile or registered office abroad, with the buyer acknowledging that it was agreed upon in writing or in a form consistent with established practices between the parties or in international commerce in a form conforming to a usage of which the parties were aware. Unless the buyer acts for non-professional purposes, in which case, the dispute is subject, at the seller's discretion, to the jurisdiction designated by Article 624 - 1°, 2° or 4° of the Judicial Code.