GENERAL TERMS AND CONDITIONS OF SALE
1. These General Terms and Conditions form an indivisible whole with all of our quotations, invoices, orders, agreements and deliveries. The customer states to have acquired an explicit knowledge of these.
2. The customer undertakes to collect the beers at the date of release (of the pallet). If collection is not made on time, the beer or pallet will be stored by a third-party storage company and all associated storage fees will be owed by the customer without exception.
3. All invoices are payable in cash or else within a period of 30 calendar days from the day following receipt of the invoice, using a bank transfer to the company’s registered office or any other location agreed with the client, unless different payment terms are expressly agreed with the customer. Ownership of the goods supplied will only be transferred after the invoice has been settled in full.
4. If payment is not received on the due date of the invoice Amburon Belgian Craftbrewery NV reserves the right to suspend further deliveries or services, without prior notice, or else to terminate the agreement by registered mail for sound reasons.
5. Any amount that remains unpaid, in part or in whole, on the due date of the invoice shall automatically and without notice be increased with 8% interest per annum as from the due date. In case of legal debt recovery the unpaid amount will be increased with a 10% penalty on the unpaid amount (subject to a minimum fee of EUR 50) as well as court fees and legal costs related to the court proceedings.
6. If payment is not received by the due date Amburon Belgian Craftbrewery NV will be entitled to retain goods not yet supplied in lien until full payment has been received.
7. Any complaints by the purchaser relating to the quantity or the quality of the goods supplied must be submitted by registered mail within 30 calendar days from collection of the goods. Complaints made in a different manner or outside of the stated deadline will be deemed inadmissible. Any dispute in respect of the amounts claimed to be due must be notified by registered mail within 8 days from the invoice date. After this period, the amount due will be considered to be definitive and the amount owed will be regarded as indisputable.
8. Amburon Belgian Craftbrewery NV, after transfer of ownership of the goods to the client, is not liable for glass breakages nor for damage to bottles or packaging nor for corrupted goods unless the buyer is able to prove that the goods were already corrupted at the time of transfer of ownership.
9. The terms and conditions currently in force are subject to Belgian law. Any litigation and disputes relating to payment and the implementation of the present agreement and its terms and conditions of sale are subject to the sole jurisdiction of the Tongeren district court, notwithstanding the entitlement of the Amburon Belgian Craftbrewery NV to take legal action against customers in a court of their jurisdiction.
10. In the event of force majeure Amburon Belgian Craftbrewery NV cannot be held liable.
In this case, the buyer is not entitled to any compensation. In the event of force majeure Amburon Belgian Craft Brewery NV is entitled either to cancel the agreement in whole or in part, or to suspend the agreement without paying any compensation.