The seller is defined hereafter as being YAMABIKO EUROPE S.A., avenue Lavoisier 35, 1300 Wavre, Belgium.\u00a0 The purchaser is defined as being the person authorised to represent a legal entity or that person\u2019s own business or a customer as understood by article I.1, 2\u00b0 of the Belgian Commercial Law and signing the purchase order, service offering or contract issued by YAMABIKO EUROPE S.A. All other terms and conditions commit the seller only after written confirmation by the seller. All information found in catalogues, brochures, websites, etc. is provided for information purposes only, and thus may be modified by the seller without notice. The simple fact of placing an order or accepting an offer from the seller implies unreserved acceptance of the current terms and conditions. Offers are valid for a limited period of thirty days from the date of the offer unless a different validity period is mentioned in the offer. The current terms and conditions may be modified at any moment and without notice by YAMABIKO EUROPE S.A., and such modifications will apply to all orders placed thereafter.<\/p>\n
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Orders are considered firm upon signature of the purchase order and confirmation of same by the seller. Orders sent directly by the purchaser or which are transmitted by any agent representing the seller will only be considered as firm and binding on the seller when accepted in writing by the seller. When products are for immediate delivery, confirmation of the order may be replaced by the issuance of an invoice. Any modification of an order and any addition or waiver of any condition concerning the sale shall only be valid when such changes are specified in the offer or in the confirmation issued by the seller. All offers of sale are made subject to the availability of stock. Any clause requested by the purchaser not accepted in writing by the seller and which is contrary to the current terms and conditions or specific terms defined in the price offering will be considered as null and void. No unilateral cancellation of an order will be accepted without the agreement of YAMABIKO EUROPE S.A.<\/p>\n
Prices are given in euros. Any changes to currently announced prices shall apply as of right at the expiry of 60 days\u2019 notice. Merchandise will be billed at the price agreed within the option period and subject to the general commercial conditions (taxes, exchange rates, etc.), on the day of delivery. For sales carried out in currencies other than the euro, any variation of at least 2% in the exchange rate with the euro as defined on the date of the offer will be adjusted on the date of the invoice. All prices are quoted net in euros, excluding taxes, packaging, transport and carriage insurance, ex seller\u2019s warehouse.<\/p>\n
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Payment must be effected such that the seller may have access to the sums on the due date. Except when particular terms have been agreed in writing or when particular conditions have been granted to the purchaser following examination of the customer situation, payment must be effected by bank transfer on the day of delivery of the merchandise. In cases where the seller accepts payment by bank draft, the purchaser must return the draft, accepted and domiciled, within eight days (except in cases of a prior agreed alternative).\u00a0 Any fees are payable by the purchaser and payment will become immediately due if the accepted draft is not returned within the period mentioned.\u00a0 In cases of staged payments, expressly agreed by the seller, the non-payment of a single instalment on the due date will immediately render the full purchase price due, regardless of any previously agreed conditions, even if the instalments have given rise to establishing acceptable drafts; the same will apply in cases where the purchaser sells, cedes, or places his business as collateral or as a contribution to creating a company.\u00a0 Payment must be effected such that the seller may have access to the sums on the due date. The purchaser is defined as being the person authorised to represent a legal entity or that person\u2019s own business or a customer as understood by article I.1, 2\u00b0 of the Belgian Commercial Law and signing the purchase order, service offering or contract issued by YAMABIKO EUROPE S.A. The purchaser may never, in support of a self-formulated claim, retain all or part of the sums due, nor effect any form of compensation. When the purchaser is in full or partial arrears of payment on the due date, the seller may, without the need for prior recourse to any enforcement order, immediately suspend deliveries, without the purchaser having any right to claim damages from the seller. In case of litigation, the seller is entitled to claim reimbursement of legal fees from the purchaser. For international operations, terms concerning payment due dates are the same.\u00a0\u00a0 Payments are to effected either through SWIFT (IBAN no. BE 66 0013 6853 8543), or by \u2018escrow account\u2019 or by stand-by letter of credit.<\/p>\n
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Transfer of risks takes place according the Incoterm specified in the contract, using the latest version from the International Chamber of Commerce. Except in cases stipulating the contrary, the Incoterm governing such transfer is Ex-Works Wavre (ICC 2000 edition).<\/p>\n
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The seller is permitted to effect partial deliveries. Any partial delivery accepted by the purchaser will be invoiced on the effective delivery date. In cases of cash on delivery, the purchaser is required to present a cheque to the transporter at the time of delivery. In the absence of such payment, the merchandise will not be offloaded and a second delivery will be effected by the transporter, with the costs being payable by the purchaser. By express agreement, the seller is relieved of all delivery responsibility in cases of force majeure or of events such as lock-out, strike, total or partial cessation of work in the seller\u2019s factory or in those of suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restraining, delaying or prohibiting the manufacture or importing of the merchandise. The seller will keep the purchaser informed appropriately in cases such as those enumerated above.\u00a0 In all cases, delivery within the agreed lead-times may only take place if the purchaser is up to date with all obligations vis-\u00e0-vis the seller.<\/p>\n
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Unless otherwise specified, the seller will be free to choose the carrier for delivering the merchandise.<\/p>\n
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On receipt, the purchaser must immediately check the physical state of the goods and verify compliance with the contract. In cases where the parcel is severely damaged, the purchaser must refuse delivery. All packaging material must be kept in the state in which it was delivered. Without the above, the purchaser forfeits the right to any claim. Such is the case also if the purchaser issues no reserves when the goods are delivered. All claims concerning defects in the merchandise delivered, incomplete quantities or errors concerning the products compared with what was accepted in the offer or confirmed by the seller, must be made in writing by registered post with proof of receipt within 3 working days of the delivery, without prejudicing any claim against the carrier, in the absence of which all rights to a claim become null and void. The purchaser must allow the seller to carry out all possible means for on-site verification concerning the claim. Any goods return requires the prior agreement of the seller. The purchaser will receive approval for goods return in the manner considered most appropriate by the seller. In such cases, the purchaser will provide contact details and furnish the description of the item or items concerned, the serial numbers, the defects noted, and the invoice number corresponding to the elements described. After receiving the seller\u2019s approval to return the goods, the purchaser has 7 days to effect the return of the defective goods to the seller. In the case where the purchaser is eligible for damages from the seller, for whatever reason, such damages shall be limited to repairing the real prejudice suffered by the purchaser, subject to a maximum limit of 5% of the value of the order.<\/p>\n
9.1. In compliance with article VI. 47 of the Belgian Commercial Law the customer who signed a contract remotely has fourteen (14) days counting from the day following delivery in which to return, at his expense, the purchased goods which no longer meet his requirements.<\/p>\n