1. All terms and conditions of delivery, sale and payment are governed by the following terms and conditions, except for express and written deviations. By placing an order, the customer is deemed to agree to them. An order placed by the customer can never bind us to execute this order unless explicitly confirmed in writing by us and provided that our suppliers or manufacturers do not make any changes to their models and/or prices and the stock is not exhausted.
2. Our quotations are always without obligation. The agreement is only concluded after our written Confirmation by an authorized person of Crosspoint BV or at the start of execution. When as a result of force majeure, strike, lock-out, etc. we are not able to fulfil or execute an agreement, we reserve the right to terminate the agreement without claiming any compensation.
3. In the event of termination or cancellation of an agreement or refusal of an order by the customer, he shall automatically be liable to pay a fixed compensation of 25% of the total amount of amount. This regulation does not affect the right of Crosspoint BV to claim compensation equal to the damage suffered.
4. Complaints regarding quality, quantity, dimensions of goods, services or concerning the lay-out of our invoices were only considered valid if formulated in writing and registered by the client within eight (8) days after the invoice date.
5. Without any special indication in this respect, our invoices are payable in cash and without discount on the registered office of Crosspoint BV or on the bank account as mentioned on our invoices. The acceptance of a bill of exchange does not result in a novation of debt, so that the current conditions remain fully applicable. All associated costs are at the expense of the customer and are payable in cash. Crosspoint BV retains full ownership of the delivered goods until the full invoice amount has been paid as well as any outstanding balance of the client.
6. If an invoice is not paid in full or in part on the due date, the amount owed by the buyer will raise an interest of 1% per month as of the due date, ipso jure and without notice of default. In addition, the amount due will be increased ipso jure and without notice of default by a fixed and irreducible compensation of 15%, with a minimum of EUR 150.00.
7. The delivered goods remain the property of Crosspoint BV until full payment of the principal sum, interest, costs and taxes. However, the risks are at the client's expense from the moment the goods leave the company.
8. VAT, packaging, transport and customs costs are at the client's expense. The means of transport is determined by Crosspoint BV at the moment of delivery from our warehouse. When giving a transport order to a transport company, we only act as a representative of the customer.
9. The guarantees given are those as specified by the manufacturer or supplier.
10. Crosspoint BV will not be bound to the delivery term(s) mentioned by it, these are only valid for information purposes, unless we have stated otherwise in writing. Exceeding the relevant delivery term(s) can in no case give rise to the payment of damages or the dissolution of the agreement, nor will the client be able to withdraw any other right from this.
11. All our transactions are concluded in or are deemed to have been concluded in Arendonk. In case of any dispute and/or litigation, only Belgian law will apply and only the court of Antwerp, Turnhout department, will be competent.