When purchasing or ordering, the purchaser accepts the following contract conditions, from which there must not be any deviation unless there is an express and written agreement with APT International; the stipulations specifically agreed upon on the first page take priority over the general conditions.
2. MODALITIES AND RESPONSIBILITIES
1. When there are delays in the supplies, the purchaser can cancel the purchase without charge if the delays are longer than sixty days after the specified delivery date, unless the purchaser accepts the notification for the later delivery by ATP International without protest. This shall then be considered as acceptance.
2. All complaints and remarks pertaining to the purchased goods or to the invoicing must be reported on the penalty of failure of protest within ten working days after the delivery or placement of the installations (or the date of receipt of the invoice), at the address of the office of APT International, by means of registered postal letter. After this period, the deliveries and/or placements and invoices shall be regarded as having been finally accepted.
3. The goods shall always be sold in the state as found and without any guarantee. The purchaser must inspect the goods himself from a professional point of view in advance and he shall be regarded as having so done to his satisfaction. The purchaser is aware and accepts that the prices at APT International are best, but that APT International represents only a commercial purchase and sales enterprise of used machinery and means of (industrial) production and thus cannot provide any conformity guarantee, pertaining to regulations and in the matters of work protection or safety. APT International shall not stand for the continued usability or proper functioning or delivery (availability) of associated auxiliary or spare parts, manuals etc. Nevertheless, APT International shall make the best efforts to supply goods in the most workable state.
4. In the event that APT International admits an exceptional indemnity, this indemnity shall not be valid in cases where damages and malfunctioning are the result of improper usage of the sold goods. No objective product liability can be brought to apply against APT International, due to the fact that they are not the manufacturers of the goods supplied and/or placed by them.
5. In principle, the purchaser is to take care of the collection of goods, in the operating area at the office of APT International or at the place where they are located, as advised by APT International. The goods are in any case to be transported at the risk of the purchaser.
6. APT International reserves the right to transfer its rights and obligations, arising from the entered contract, to a third party.
7. In the case that certain modifications, improvements, additions etc. need to be made to the purchased item on request by the customer, APT International shall have these modifications executed in the name of and charged to the customer. These orders are then regarded as being totally independent of the purchase agreement between APT International and the customer.
1. In the event of cancellation of the agreement by the purchaser, the purchaser must pay damage compensation to APT International amounting to 30% of the value of the ordered goods subject to a minimum of EUR 250, unless APT International can objectively prove that its actual damage, for whatever reasons, is greater.
2. In the event of cancellation by APT International, the amount already paid by the purchaser shall be reimbursed to the purchaser.
4. CONDITIONS OF PAYMENT
All the invoices are payable at the office address of APT International and without any deductions on the fixed price. If the VAT or other taxes, raw materials, salaries, freight costs, exchange rates and others undergo changes before the date of delivery, the total price shall be adjusted accordingly.
Non-payment of an invoice on the due date invokes legally and without formal notice the obligation of damage compensation for the incurred administrative charges and operative disturbances, amounting to ten percent (10%) of the principal sum subject to a minimum of EUR 125, charged to the purchaser. Under the same conditions, interest shall be charged at 8% p.a. on the outstanding amount, to be calculated from the due date of the invoice.
6. RESERVATION OF OWNERSHIP
The goods remain the property of APT International until they are fully paid for.
In the event of disputes, only the Belgian Law is applicable and APT International has chosen the Tribunals of the Judicial District of Ghent (the Justice of the Peace of Deinze - Belgium is competent in the present case).