Terms and conditions
All our deliveries are subject to the described terms and conditions of sale as found below. Any deviation must be reported in writing and expressly accepted by us.
- To commit our company, every order must be confirmed by Ursus bv.
- We take the necessary measures to meet delivery deadlines and we do not accept delay penalties.
- A delay in delivery can under no circumstances provide reason to cancellation of the order.
- A complaint is only valid if it is served in writing to Ursus bv and at the latest within 5 days following receipt of the goods.
- All invoices are payable at the registered office of the company.
- Unless otherwise provided, our agents or representatives may not collect the amount of the invoice.
- Unless otherwise stipulated in writing, our invoices are payable 30 days after invoice date. Every new customer is required to pay instantly for his/her first order/delivery.
- Any amount remaining unpaid on its due date will be subject to interest of 1% per month by operation of law and without notice of default.
- In case of non-payment on the due date, we reserve the right to increase the amount of the invoice by 10%, with a minimum of 25 euros.
- The non-payment on the due date of a single invoice makes the due balance of all other invoices, even invoices that are not yet due, immediately payable by operation of law.
- If the buyer fails to perform its obligations, the sale may be cancelled by operation of law and without notice of default, without prejudice to our rights to any damages and interest. The expression of our will to this effect by registered mail will be sufficient for this purpose.
- If our confidence in the buyer’s creditworthiness is breached by acts of judicial execution/or other identifiable events which call into question and/or make impossible the confidence in the proper execution of the commitments entered into by the buyer, Ursus bv reserves the right, even if the goods have already been shipped in their entirety or in part, to suspend all or part of the order and to demand suitable guarantees from the buyer. If the buyer refuses to accept this, Ursus bv reserves the right to cancel all or part of the order. All this without prejudice to our rights to all damages and interest.
- Retention of title: the goods remain the property of Ursus bv until the amount due for the goods is paid in full. All risks shall be borne by the buyer. Advances paid shall remain retained by us to compensate for potential losses on resale. (4)
- In case the buyer itself processes or re-sells the goods belonging to Ursus bv, the buyer shall transfer to us from now on all debt claims arising from this re-sale.
- The drawing and/or acceptance of bills of exchange or other negotiable documents, does not imply debt-rollover and does not constitute a deviation from the terms and conditions of sale.
- In case of dispute, the courts of Ghent or the courts of the buyer’s domicile, at Ursus bv’s discretion, shall have sole jurisdiction and this without prejudice to the application of the EEX Convention. All disputes concerning the execution of the agreement entered into by the parties will be settled according to Belgian law.