Fertira

Manufacturers of organic en organo-mineral fertilisers

Terms and conditions of sale

1. Objections, any kind of complaints, and return of goods must be submitted in writing. They will only be accepted if received within five days of the delivery. Unless there is documentary evidence to the contrary, the invoice date is the effective date of delivery.In the absence of a written objection or complaint within five days of the delivery, all visible defects are covered by the delivery. The vendor is only responsible for hidden defects if he or she was aware of them. This knowledge is not assumed, but must be proved by the buyer/customer.

 

2. If an order is cancelled, a fixed sum equal to 1/3 of the purchase price is paid to the vendor. Amongst other things, this fixed sum must cover the specific loss of not being able to resell a customised order. Returns of goods which have been treated in any way are not accepted.

 

3. All delivery deadlines are approximate. A late delivery only entitles the recipient to compensation or annulment of the agreement in the event of deceit or malice. A delivery which cannot be completed due to circumstances beyond one’s control or through the fault of the vendor’s supplier does not entitle the buyer to compensation.

 

4. All goods remain the property of the vendor until the full settlement of the sales price, interest, and any other costs. In the meantime, the buyer is forbidden to hire out the goods, sell them, export them, pledge them, make them available in any way whatsoever, or carry out any modification which could reduce their value. Any breach of this stipulation is subject to Article 491 of the Criminal Code.The designated unloading point must be reasonably accessible. Any consequences arising from a poorly located or largely inaccessible unloading point are the sole responsibility of the buyer who accepts full responsibility for the goods merely by designating the unloading point.

 

5. Explicit stipulation of annulment:If the price has not been paid by the invoice expiry date, the sale is annulled legally and without notice of default and the buyer is obliged to return the supplied goods within 24 hours of receiving the registered letter which announces the annulment and claims the return of the goods.If the buyer fails to comply with these terms, the vendor is authorised to withdraw the goods.
 
 
6. Invoices are payable in cash subject to the expiry dates. From these dates (one of the two) they generate interest of 15% per annum legally and without notice of default. In the event of non-payment, the buyer is legally liable to pay compensation of 10% of the sum total, an amount which is explicitly agreed to be fixed and irreversible.
 
 
7. All goods are sent at the buyer’s risk, even in the case of a carriage paid despatch. The vendor reserves the right at all times to demand guarantees whenever he or she considers it necessary, even during the execution of the contract.
 
 
8. In the event of a dispute, only the courts and justice of the peace courts in Diksmuide and Veurne are authorised to adjudicate. Bills of exchange or accepted shares do not in any way imply the renunciation of this stipulation.
 
 
9. The terms and conditions stated in the Fertira price lists apply irrevocably. These include certain Sales conditions, any postage charges, terms of delivery, and collection discounts.