AGRITYRE GENERAL TERMS AND CONDITIONS OF SALE

The following terms and conditions of sale apply, subject to changes agreed in writing by the parties. In making an order, any buyer declares to have taken note of these general terms and condition of sale.

  1. ORDERS
    1. Each order is binding only after confirmation from the AGRITYRE administration.
    2. AGRITYRE reserves the right to cancel or reduce the order in case of unavailability of the goods without this forming the basis for any form of compensation.
  2. PRICES
    1. Our price lists are subject to change without notice, which means all orders must first be confirmed by AGRITYRE.
    2. Our prices are subject to change at any time without prior notice.
    3. Without explicit agreement, our offers are provided without commitment.
  3. DISCOUNTS
    1. AGRITYRE reserves the right to alter both trade and financial discounts without provision of 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 delivery has been made to the buyer.
    3. Returns must be made postage paid to our address, unless otherwise agreed.
    4. The customer is supposed to take receipt of the goods themselves. In the absence of the customer, AGRITYRE will reserve the right to have a third party sign for transfer of the goods to resolve the order. All this without prejudice to the transfer of risk to the buyer.
    5. If the delivery period is exceeded, the customer cannot claim damages or interest.
  5. PAYMENT
    1. All our deliveries are payable in cash and without any deductions.
    2. Both the person to whom the goods have been sold, as well as the person invoiced or to whom they were delivered, are jointly and severally liable for payment of the goods to us.
    3. In case of overdue payment, AGRITYRE may reclaim the goods through the law and without provision of notice of our will by registered mail to the buyer.
  6. PRESERVATION OF PROPERTY OWNERSHIP
    1. All goods remain the property of AGRITYRE until the moment the buyer has fully paid all obligations under any contract whatsoever.
    2. In the event that the buyer fails to meet their obligations promptly, AGRITYRE is at all times entitled to take back the goods, even if they have already been resold by the purchaser.
  7. PENALTY CLAUSE AND INTEREST
    1. Failure to pay within the time limit will result in an obligation of the buyer to pay interest of 1% on the invoiced amount per month as required by law and without any notice.
    2. In addition to the payment of interest described in point 7.a., the amount due will also be increased by a fixed payment of 15% on the total unpaid amount (with a minimum of €50) in the event that the payment has not been fully met within eight days of being requested again by registered letter.
    3. Upon non-payment of outstanding amounts, AGRITYRE is free to make changes to the terms of payment and discounts that are applicable between buyer and AGRITYRE, as well as to cancel any new or existing orders of the buyer.
    4. In case of non-payment of outstanding amounts, AGRITYRE reserves the right to break all the commitments entered into with the buyer within eight days following notice sent by registered letter.
    5. Upon calling upon the provisions described in para 7d, we expressly reserve the right to demand compensation from the customer for the damage resulting from the dissolution of the commitment.
  8. COMPENSATION
    1. AGRITYRE always reserves the right to offset the amounts owed by AGRITYRE with the amounts owed by suppliers/customers, regardless of the circumstances of the counterparty.
  9. RETURNS, EXCHANGE AND RETURN
    1. Sold products will never be taken back
    2. Returns must be sent to Kallo postage paid, and only after written permission from AGRITYRE.
  10. COMPLAINTS
    1. In order to be considered valid, all complaints must be made in writing within eight days after the delivery of the goods is transferred. Since we do not accept complaints that were not noted upon delivery of the goods, we ask buyers to check the goods upon delivery in order to establish any missing amounts, damage or abnormal delay with the final carrier in order to allow the latter to make their customary arrangements.
    2. Disputed goods may not be moved, processed, or destroyed subject to receiving explicit consent from AGRITYRE. AGRITYRE must always be able to examine these disputed goods in the AGRITYRE warehouses, unless otherwise agreed.
    3. We do not accept any responsibility with regard to accidents or damage, or for any delays or interruptions of service caused by any defects, hidden or otherwise, in our products or due to any manufacturing defect.
    4. Upon rejection of the complaint, AGRITYRE can pass on any costs incurred (transport, travel, etc.) to the customer.
  11. SUPPLIERS/PRODUCT LIABILITY
    1. AGRITYRE cannot be held liable for damage resulting from unusual use of our products. Our minimum requirements, as well as those of our suppliers regarding scope, use, pressure, speed, etc., must always be observed. Our customers are obliged to ensure the user is clearly informed of this.
    2. It is not allowed, in whole or in part, to modify or delete the brands, marks and numbers that appear on our products.
    3. AGRITYRE disclaims any supplier liability or product liability if the goods were not delivered by us or if the goods are modified after delivery.
    4. The claim for damages may not exceed the value of the delivered goods.
    5. Advice provided by AGRITYRE is subject to change and is never binding.
    6. Goods supplied by AGRITYRE are not DOT-related.
  12. COMPETENT COURT/APPLICABLE LAW
    1. In case of dispute, only the courts of the judicial district of Antwerp shall have jurisdiction.
    2. All our contracts are governed by Belgian law.

 

Vous pouvez obtenir un exemplaire des conditions générales en français sur demande.
We will be happy to supply you with a copy of this document in English.
Auf Anfrage erhalten Sie ein Exemplar in deutscher Sprache.