1. Every offer, unless explicitly stated otherwise, is based on fulfilment under standard conditions during normal business hours in a 5-day working week.
2. Data stated in catalogues, pictorial representations, drawings, indications of size and weight, mass, and the like are not binding and MiKimFX vb cannot be held responsibility for errors and deviations that may occur therein.
3. In the event following the offer, one of more factors relevant to the determination of the product’s sale price should become subject to an increase such as would affect materials and parts ordered abroad by the principal, because their value in foreign currency is tied to the exchange rate vis-à-vis the Euro – even though the transaction would be carried out under foreseeable circumstances - we reserve the right to increase the sale price for such products accordingly.
4. Unless otherwise agreed, the offers shall remain valid for 30 days and the supplier shall be held to their fulfilment exclusively by written commitment on the part of a competent representative. The information provided shall remain the possession of the supplier and may not be communicated by the counter party to any third party.
5. Once the order has been placed and accepted, the agreed price becomes final and, unless mutually agreed otherwise, shall not be subject to changes.
6. The delivery deadlines as stated bind the supplier to deliver the materials and exclude a result guarantee.
7. The prices as stated, unless otherwise agreed, refer to delivery ex warehouse or factory, with the proviso that for small orders the principal shall apply a surcharge, fixed or variable, to cover administrative costs.
8. A minimum of € 40,00 shall apply per order. For orders under € 40,00, here will be an additional charge of € 2,00 for processing costs.
9. The goods shall be shipped for the account and at the risk of the addressee, irrespective of who is responsible for the transportation charges, even if the goods shall be delivered free of shipping costs, unless otherwise stated.
10. The supplier shall not accept any return of the goods without his prior written ascent and all returns must be by free delivery.
11. All costs related to payment of the invoice, VAT, and other charges of whatever nature shall remain at the expense of the purchaser.
12. All deliveries are payable in full upon receipt of the invoice.
13. Possible complaints shall be accepted only if they are submitted at the latest 8 days following delivery. Under no circumstances can a complaint give cause for postponing payment of the invoice beyond the due settlement date.
14. In the event of default of payment within 15 days, an arrears interest shall be charged that is equal to 1% per month as of the invoice date, and this without the need for a prior notice of default.
15. In the event of failure to pay the invoice within 30 days of the invoice date, a fixed indemnification shall become due for default of payment that is equal to 10 % of the invoiced amount, without the need for a prior notice of default, and all allowed discounts shall expire.
16. Postponement of the delivery of the goods at the customer’s request shall not give cause for a corresponding postponement of payment of our invoices. The date of the notice regarding this new disposition shall in that case be taken as the delivery date. Limited liability
17. In all instances, liability on the part of MiKimFX BV shall be restricted to the amount for which the company has been insured.
18. In the event of instances of proven force majeure, both parties shall be mutually entitled to either suspend or cancel the fulfilment of the agreement. In that case, the parties shall consult with one another and come to a mutual understanding in this respect.
19. The agreement shall be concluded in our offices in Wielsbeke. In the event of dispute, only the courts in the district where our administrative offices are registered shall have the competence of jurisdiction.
20. In the event of cancellation of the agreement by the purchaser, the latter shall become liable to payment of a fixed indemnification that is equal to 20 % of the value of the order, including VAT. Conversely, in case of cancellation by the seller, the loss suffered by the purchaser shall be counted as 10 % of the total value of the order.