GENERAL TERMS AND CONDITIONS
1. By ordering from Lesage Bier BV, the customers declare that they agree to the general terms and conditions of sale stated below. The general terms and conditions of sale are deemed to be known and accepted by the customer. All deviations from the present conditions must be expressly indicated in a separate document.
2. USE GUARANTEE
All drinks are sold under the condition that they are used unadulterated and professionally and under their original name. Drinks in barrels are guaranteed for one month, drinks in bottles for two months after delivery.
3. ACCEPTANCE AND COMPLAINTS
The receipt counts as acceptance. Furthermore, the buyer is solely responsible for all drinks and packaging. All complaints must be made in writing within the guarantee period. De Lesage Bier BV can only be obliged to replace the defective merchandise without the buyer or anyone else being able to claim any other compensation, for whatever reason.
4. Our personnel is prohibited from loading or unloading full or empty goods with the customer's forklift. If the customer requests our staff to nevertheless use his forklift, this is done exclusively at the risk of the former and beyond the responsibility of Lesage Bier BV.
5. We decline all responsibility for accidents that may occur when using our equipment (barrels, bottles, bins, pallets, etc...)
6. The agreed delivery and execution times, although they are strictly observed as far as possible, are given as an indication and cannot be regarded as contractual.
7. PAYMENT TERMS
Our invoices are payable in cash (on the invoice date) without discount, to the specified bank account, unless otherwise agreed in writing. The sending of the invoice serves as a reminder for payment. The invoice is deemed to have been accepted in the absence of written protest within eight days of the invoice being sent. In the event of full or partial non-payment of the debt on the due date without serious reasons, the debt balance will be increased by 10% with a minimum of € 75, even if grace periods are granted, after a futile notice of default. In the event of non-payment on the due date, an interest of 12% per year is due by operation of law and without notice of default from the due date until full payment. Failure to pay our invoices and/or bills of exchange means that all other amounts due become immediately due and gives us the right to cancel or suspend all pending orders.
8. INCREASE CLAIM
The guaranteed packaging must be returned in the same form and composition. It may not be given as a guarantee to anyone, and may not be seized for the benefit of other persons. In case of return, Lesage Bier BV will never have to repay more deposit to the buyer than the total deposit it has received from him. The buyers are fully responsible for the empty goods received. When the commercial relationship between the customer and Lesage Bier BV is terminated, we reserve the right to charge the difference between the cost price and the deposit for the empties that have not been returned.
All drinks are sold at the price of the day according to the price list in effect at the time of delivery.
10. The delivered products (both the empties, the barrels of beers, the other drinks and the other products) remain, even in the event of bankruptcy, until full payment of the purchase price and, if necessary, also of the interest and the increase clause, the exclusive owned by Lesage Bier BV. Notwithstanding this retention of title, any risk of whatever nature, even in the event of force majeure, shall be borne by the customer.
11. We reserve the right to consider the agreement dissolved by operation of law and without prior notice of default in the event of bankruptcy, apparent insolvency or any change in the legal situation of the buyer.
12. LEGAL CLAIMS
Only the courts in Dendermonde are competent for all legal claims. The increase clause does not affect court costs, legal fees and expense allowances.