General Terms and Conditions of Sale Agrityre

The following terms and conditions of sale apply, subject to changes which the parties may make in writing. By placing an order, each buyer acknowledges having taken notice of these general terms and conditions of sale. In any case, the buyer's own special or general terms and conditions are excluded unless expressly and in writing accepted by AGRITYRE.

1. ORDERS
   1. Each order is only binding after confirmation by AGRITYRE's administration.
   2. AGRITYRE reserves the right to cancel or reduce the order in case of unavailability of goods, without any compensation liability.
2. PRICES
   1. Our price lists may be changed without prior notice, as each order must be confirmed by AGRITYRE.
   2. Our prices may be changed at any time without prior notice.
   3. Our offers are always made without obligation unless expressly agreed.
3. DISCOUNTS
   1. AGRITYRE reserves the right to change commercial and financial discounts without prior notice, unless otherwise agreed.
4. SHIPPING – TRANSPORT – DELIVERY
   1. Our prices are ex-Kallo unless otherwise stated in writing.
   2. The risk of the delivered goods passes to the buyer as soon as he takes receipt.
   3. Returns must be sent freight prepaid to our address unless otherwise agreed.
   4. The customer is deemed to receive the goods themselves. In case of absence, AGRITYRE reserves the right to have the goods receipt signed by third parties and unload the ordered goods. This without prejudice to the transfer of risk to the buyer.
   5. Delivery times, dimensions, and weights indicated in the offer are only indicative. Any delivery delays will never give rise to compensation, unless expressly agreed otherwise.
5. PAYMENT
   1. All our deliveries are payable in cash without any deduction.
   2. Both the person to whom the goods were sold, invoiced, or delivered are jointly and severally liable for payment. In case of late payment, AGRITYRE may reclaim the goods by simple registered letter without prior notice.
6. RETENTION OF TITLE
   1. All goods remain property of AGRITYRE until the buyer has fulfilled all obligations under any agreement.
   2. If the buyer fails to meet obligations, AGRITYRE has the right to repossess delivered goods even if already resold by the buyer.
7. PENALTIES AND INTEREST
   1. If payment is not made within the term, interest of 1% per month from the invoice date is due by law without notice.
   2. In case of total or partial non-payment without serious reason on due date, without any notice of default, a lump sum penalty of 15% of the invoiced amount with a minimum of 125 euros and a maximum of 2,500 euros applies, even if payment terms were granted.
   3. In case of non-payment and/or breach of contract or good faith, AGRITYRE may change payment terms and discounts and suspend or cancel orders at the customer's expense.
8. TERMINATION
   1. AGRITYRE reserves the right to extrajudicially terminate the agreement by registered notice of default in case of non-payment of outstanding amounts.
   2. When invoking termination, AGRITYRE reserves the right to claim damages from the buyer.
9. COMPENSATION
   1. AGRITYRE reserves the right to set off amounts owed to it against amounts owed by suppliers and/or buyers, regardless of the counterparty's circumstances.
10. RETURNS, EXCHANGES AND RECALLS
    1. Sold goods are never taken back.
    2. Returns must be shipped freight prepaid to Kallo and only after written permission from AGRITYRE.
11. COMPLAINTS
    1. To be valid, all complaints must be sent in writing and registered within eight days after delivery of the goods...
    2. We reject all liability for accidents or damages...
    3. If the complaint is rejected, AGRITYRE may charge the costs to the customer.
12. SUPPLIER / PRODUCT LIABILITY
    1. Our warranty on sold goods is limited to the warranty given by our suppliers...
    2. AGRITYRE rejects all supplier or product liability...
    3. Goods supplied by AGRITYRE are not DOT-related.
13. COMPETENT COURTS / APPLICABLE LAW
    1. In case of dispute, only the courts of the judicial district of Dendermonde have jurisdiction.
    2. All our agreements are governed by Belgian law.