Terms and conditions
- 1. Relevance
The terms and conditions of ZEDD nv are applicable to all deliveries by ZEDD nv to third parties, to all services carried out by ZEDD nv for third parties and to offers which are related to these deliveries and services.
- 2. Form
Verbal offers and verbal agreements will only become binding for ZEDD nv following a written confirmation.
- 3. Number
ZEDD nv reserves the right to charge a more/less delivery of 5% per order.
- 4. Customs and shipping costs
For all shippings, of whatever nature, any increase in costs for transport, customs or export duties, or other costs which may be added after the sale has been concluded, are at the expense of the customer.
- 5. Shipping risks
When delivering goods, these goods are sent at the risk of the recipient as of their departure from the factory or warehouse, even if they are delivered free of charge.
ZEDD nv can in no way be held responsible for any damage caused during transport.
- 6. Terms of delivery/timeframe for completion of work • cases of force majeur and assimilated • termination and suspension of contracts
The terms of delivery and execution times are indicated without any obligation and are purely indicative.
No claim for compensation can be made against Zedd nv if the delivery isn’t made or work isn’t completed within the timeframe
In some cases ZEDD nv is entitled to not carry out the orders or assignments completely or partially or to postpone their execution. These include wars, strikes, lock-outs, epidemics, fire, machine breakdown, inadequate supply of fuels or raw materials, breakdown of means of transport, all causes of general or partial unemployment of the supply plants or of the workplaces of the subcontractors, all causes which bring about an essential change in the economic situation of the supply plant, as well as all cases of force majeur.
This also applies to potential cases of a total or partial export ban, without obligation from ZEDD nv to then deliver the export licenses.
- 7. Liability
Upon delivery of goods, these must be thoroughly inspected by the Customer for completeness and / or defects. The Customer must immediately report any incompleteness and / or defects; in the absence of which goods are deemed to have been delivered completely and without defects.
For FOB, CIP or CIF deliveries as long as the place of delivery has been explicitly agreed in writing (or via the information superhighway), the Customer is obliged to record any incompleteness and / or defects on the transport documents; in the absence of which goods are deemed to have been delivered completely and without defects.
If the delivered goods have a defect, ZEDD nv may replace these goods, repair them or give the Customer a discount in proportion to the price paid.
Returned goods are not accepted, except with the prior express written consent of ZEDD nv.
If goods are manufactured according to indications or instructions from the Customer, ZEDD nv is not liable for any defect whatsoever, except in cases of intent or gross negligence.
ZEDD nv is only liable for damage and / or defects to the extent expressly agreed in writing in the relevant agreement or in these Terms and Conditions. Any further or other liability for shortcomings in the fulfilment of an obligation or other shortcomings of ZEDD nv, for whatever reason, is expressly excluded, except in cases of intent or gross negligence. Where its liability is established, ZEDD nv is not liable to compensate any amount that exceeds the price of the goods, except in cases of intent or gross negligence on the part of ZEDD nv.
ZEDD nv is not liable for any damage resulting from errors in the nature and content of data that it has made available electronically to the Customer, except in cases of intent or gross negligence on the part of ZEDD nv. Where its liability is established, ZEDD nv is not liable to compensate any amount in excess of the price of the goods.
- 8. Terms of payment
Unless otherwise agreed, all ZEDD nv invoices are payable in cash.
ZEDD nv reserves the right to stipulate specific payment terms and additional guarantees for payment.
- 9. Late payment interest – damage clause
In the event of non-payment or only partial payment on the due date of the invoice, the amount of the invoice is automatically increased with a damage clause of 10 % of the amount of the invoice with a minimum of 50 EURO, without prejudice to the right of ZEDD nv to establish a higher damage.
In addition, interest of 12% per year is due by law as of the invoice due date.
- 10. Retention of title
All the goods delivered by ZEDD nv remain the property of ZEDD nv up until the point at which they have been fully paid for.
ZEDD nv reserves the right to take back all goods that have not been paid for and thus remain the property of ZEDD nv and accordingly cancel the sale.
In the event of cancellation of the sale the customer that has defaulted, must pay compensation to ZEDD nv that is estimated at minimum 25 % of the initial amount of the invoice.
- 11. Applicable Laws
All disputes concerning the existence, interpretation and execution of the contracts fall under Belgian Law and the jurisdiction of the Courts of Antwerp.