Espacevin Pirard – Jacques Pirard & Fils SA
Registered Office: Rue de Glabais 1 – B-1470 Genappe – Company No.: BE0425104379
ARTICLE 1
The clauses below govern all sales or deliveries of our products.
ARTICLE 2 – OFFERS
Our offers are always non-binding and subject to prior sale. Our prices may be subject to change. In such cases, only the price in effect on the day of delivery will be invoiced. Orders taken by our agents or representatives, as well as agreements made by them, are only binding after ratification by our management. We reserve the right to limit the quantities sold of certain items.
ARTICLE 3 – ORDERS
Orders placed verbally or by telephone will be accepted under the sole responsibility of the customer. The seller shall not be liable for any delivery not conforming to the order.
ARTICLE 4 – PAYMENT
Payments of our invoices shall be made in full, without deduction or discount, to one of our accounts.
ARTICLE 5 – DEFAULT OF PAYMENT
Non-payment of an invoice within thirty days of its due date gives us the right to terminate or suspend any contract not yet executed. Termination shall occur automatically and without prior notice. The costs, interest, and any other damages resulting from this termination or suspension shall be borne by the buyer. Furthermore, in case of non-payment within the same period, the unpaid amount shall automatically and without prior notice be increased by a late interest of 1.5% per month. Finally, non-payment within the same period shall automatically and without prior notice result in the automatic payment of a fixed compensation equal to 20% of the unpaid amount, with a minimum of €15 per invoice, as damages.
ARTICLE 6 – DELIVERY
Delivery only within Belgian territory. Delivery times are given for informational purposes only. In case of delay in delivery, the buyer may not claim damages or compensation for any reason whatsoever.
ARTICLE 7 – RISKS
Circumstances such as strike, explosion, fire, frost, flood, lack of transport, instructions from any public authority, revolution, war, mobilization, state of siege, blockade, poor harvest, various disturbances, lack of personnel, failure to meet delivery deadlines by our suppliers, defective supply by the latter, defective packaging, whether these circumstances occur with us or with our suppliers, are to be considered as constituting cases of force majeure when they have the effect of delaying, making more difficult or impossible the delivery. Such circumstances give us the right to terminate the concluded contract without having to pay damages. Finally, the seller will not have to establish either the unforeseeability and irresistibility of the invoked circumstance, nor the impossibility of performing the contract.
ARTICLE 8 – TRANSPORT
Goods always travel from the departure of our warehouses at the exclusive risk and peril of the buyer, even if transport is carried out by us.
ARTICLE 9 – CLAIMS
Any claim for incomplete or defective delivery must be submitted to our company, by registered mail, within eight days of the invoicing of the goods.
In the event of a defective supply formally acknowledged by us, the compensation for damage will be strictly limited to the pure and simple replacement, as soon as possible, of the rejected goods, provided that similar goods are in stock.
ARTICLE 10 – DISPUTES
All disputes that may arise between us and the buyer, for any reason whatsoever, shall in principle be submitted to the competent courts on which SA Jacques PIRARD & Fils territorially depends, SA Jacques PIRARD & Fils reserving the right to assert its rights before the competent courts of the domicile of its debtor client.
ARTICLE 11 – RETENTION OF TITLE
The goods sold remain the property of SA Jacques PIRARD & Fils until full payment of the price by the purchaser. In this regard, the delivery of bills of exchange or any other instruments creating an obligation to pay do not constitute payments within the meaning of this article. In the event of seizure or any other intervention by a third party on the goods sold, the purchaser is obliged to immediately notify SA JP & F by registered letter. The purchaser may not resell the acquired goods to a third party before full payment of the price, without the authorization of SA JACQUES PIRARD & Fils. If the latter authorizes resale to a third party, the purchaser undertakes to irrevocably assign to SA JACQUES PIRARD & Fils all its claims against the third party arising from this sale. The purchaser who is not the owner of the building in which the goods sold are to be stored or whose business assets are pledged, shall immediately inform SA JACQUES PIRARD & Fils and undertakes forthwith to obtain, before delivery of the goods sold, the written acknowledgment of the preceding retention of title clause by the owner of the building or the pledge creditor.
ARTICLE 12
In accordance with current legislation, the sale of alcoholic beverages is prohibited to persons under 18 years of age.