Terms and Conditions

1. An order, including those placed by our agents or representatives, is only binding if it is expressly accepted by us in writing. Cancellation of the order is not permitted, unless prior written consent has been given.

2. Goods/services shall be delivered within the period specified in the contract. Goods shall remain the property of G.F.E. until full payment of the principal sum, costs and interest has been made. Nevertheless, the risks of loss or destruction of the goods sold shall be borne in full by the buyer from the moment of sale of the goods.

3. The buyer must ensure that the services and/or goods can be delivered by G.F.E. in the normal manner at the agreed place and time, and must, amongst other things, ensure that the delivery location is accessible. If this requirement is not met, the buyer shall be obliged to compensate G.F.E. for all damages, including waiting time, storage costs and costs incurred in preserving the goods.

4. The purchaser must inspect the goods/services supplied immediately upon delivery. Any defects must be reported to G.F.E. as soon as possible and no later than 5 calendar days after delivery by registered letter. After this period, G.F.E. shall only be liable for latent defects that render the goods unfit for their intended use, provided that the goods have not been processed in the meantime and provided that G.F.E. was aware of the defects or ought to have been aware of them. The buyer shall notify G.F.E. of the existence of the latent defect no later than 5 calendar days after discovering it, by registered letter containing a detailed description of the defect. Complaints regarding latent defects do not suspend the buyer’s obligation to pay.

5. With the exception of what is set out in the previous article, G.F.E. shall not be liable for any compensation whatsoever arising directly or indirectly from goods supplied or sold by us, except in the event of gross negligence or wilful misconduct. G.F.E.’s liability shall in any event be limited to the invoice value of the goods/services supplied. Under no circumstances may G.F.E. be held liable for any indirect damage such as, but not limited to, loss of income, loss of contracts, capital costs, reduced returns or any other losses or consequential damage, whether to the buyer or to third parties. G.F.E. accepts no liability whatsoever for the negligence of its employees, even in cases of wilful misconduct or gross negligence. In the latter case, the buyer must hold the employee directly liable.

6. Unless otherwise expressly agreed in writing, the invoice is payable within 30 calendar days of the invoice date. In the event of non-payment of all or part of the price, the outstanding amount shall, by operation of law and without the need for any notice of default, be increased by annual interest of 12 per cent and a fixed compensation of 10 per cent, subject to a minimum of 75 EUR. Any failure to pay shall render the outstanding invoices immediately due and payable and shall entitle G.F.E., following notice of default, either to suspend any future deliveries or to terminate the contract, without prejudice to the right to claim damages.

7. Should the purchaser fail to fulfil their contractual obligations, G.F.E. shall be entitled, following a notice of default, either to suspend its obligations or to terminate the contract without recourse to the courts, if no action or no effective action is taken in response to the notice of default within eight working days, without prejudice to the right to compensation.

8. All our agreements are governed by Belgian law, whereby the relationship between G.F.E. and the buyer is exclusively of a contractual nature (to the exclusion of any claims between the parties based on any non-contractual liability). Any disputes arising in connection with this agreement may only be brought before the courts of Antwerp.