Subject to any agreed exceptions, explicitly accepted in writing, the following general terms and conditions will manage the relationship with the buyer, who states he has taken note of them and to accept them.
The terms of delivery are only provided by way of information and are not binding. Any delays can in no way whatsoever justify the nullity of the order, or its termination by the buyer, nor imply any obligation for DMED other than to deliver the agreed goods. Under no circumstance shall we be liable for any damages as a result of the delay.
If the execution of our obligations is obstructed by an unknown cause, for instance down to coincidence or force majeure, the execution of the agreement will be suspended if the obstruction is temporary, and declared void if the obstruction is permanent.
A return of goods, irrespective of the reason, shall not be accepted without our prior written consent.
The delivery of the goods is ex Works, unless otherwise agreed. If the buyer has not specified a delivery address, the goods are delivered to the buyer’s registered office. The transport of the goods from our loading bays to the specified delivery address is carried out by an independent carrier in accordance with the Incoterms 2000.
The ownership of the delivered goods is only transferred to the buyer following payment to DMED of all owed amounts as a result of the delivery, including possible costs. The buyer can therefore not yet dispose of any not yet fully paid goods in any way whatsoever, but in particular it cannot pledge them to third parties or transfer the ownership. Nevertheless, the buyer is liable for the loss of the goods, even in case of coincidence or force majeure. The buyer explicitly undertakes to immediately inform DMED of any fact that could violate our rights, in particular any possible attachment at its expense as well as the possible pledging of the business.
Any complaint needs to be made by registered letter within fourteen (14) working days upon receipt of the goods. If not, the delivery shall be considered to have been accepted by the buyer without any reservation with waiver of any right of recourse. In the event of a defect or mistake recognised by DMED, we are responsible for taking back or replacing what does not correspond with the order without the buyer being able to claim damages.
All levies and taxes, irrespective of their name and nature, are not included in the prices and are payable by the buyer, without prejudice to what was specified in article 5 regarding certain taxes and levies related to the transport.
We must receive full payment of the invoice thirty (30) days after the invoice date at the latest.
In case of non-payment on the due date, the buyer, by operation of law and without summons shall owe delayed interest at an interest rate of 10%, without prejudice to DMED’s right to shorten the terms of payment and/or to suspend the delivery and services until full payment of the owed amounts. In case of non-payment of an invoice on the due date, the parties formally agree that a fixed and irreducible compensation of 20% shall be owed on the amount of unpaid invoices with a minimum of 50€ per invoice. Current clause is not an exception to the payment obligation of the specified delayed interest.
If the buyer does not submit a written complaint within eight (8) working days starting from the date of dispatch, our invoices are considered to have been accepted.
Our invoices are payable at 9800 Deinze, Belgium
In case of dispute, the courts of the district of Ghent have jurisdiction. All agreements between DMED and the buyer are governed by Belgian law.