General terms of sale
These general terms override all previous versions and apply to all contracts
and additional clauses entered into after June 1, 2009.
Article 1 – General provisions
Unless otherwise agreed in writing by the client and s.a. Tilman, all our offers
and sales are made on the general terms found below. Any change in such
general terms shall be the subject of a formal consent in writing by s.a. Tilman.
Article 2 – Price
Our prices are marked, before taxes and in euros, regardless of the place the
contract is entered into.
For the Belgian market and unless otherwise specified, our deliveries are made
free of charge for any order exceeding an amount of 50€ before VAT. For any
delivery relating to an order under 50€ before VAT, we reserve the right to
increase our invoice by a fixed amount of 10€ before VAT for carriage costs and
handling and packaging costs.
For the other markets, unless otherwise specified, all costs are payable by the
client. Such costs include but are not limited to, carriage, packaging, checking
costs, customs and import duties, VAT, taxes, as well as any other present or
future costs and duties.
Article 3 – Payment
Unless otherwise agreed, all our invoices are payable on 30 day terms after
the invoice date. If formally mentioned in the invoice, the discount is deductible
in the event the full amount is paid within 10 days after receipt of the invoice.
Without prejudice to all other damages and interests, the amount of invoices
outstanding on term shall automatically bear an interest of 10% as from the day
after the term, without any injunction, the occurrence of the term constituting
In addition, in pursuance of article 1152 of the Civil Code, failing the settlement
of the invoice on term, a fixed contractual compensation amount of 12% of the
amount of each invoice shall be owed with a minimum amount of 50€.
Article 4 – Ownership
s.a. Tilman shall retain the ownership of the products under the agreement
until the full settlement of all outstanding amounts. As long as the full
settlement has not been completed, the client shall not alienate the delivered
products nor any rights pertaining to the contracts and agreements in any way
and for any reason.
Article 5 – Delivery time
Our delivery times are given for informational purposes. In addition to
force majeure events, all unforeseen events preventing the manufacturing,
processing, packaging or shipping of the sold products shall also be considered
as a force majeure event exempting s.a. Tilman form any duty.
Article 6 – Carriage
Unless otherwise specified all deliveries made by s.a. Tilman to the domestic
Belgian market are the responsibility of the carrier designated by s.a. Tilman.
The client shall make sure to report apparent carriage damages to the driver
at the time of delivery or failing, by advising the customer department of s.a.
Tilman within 24 hours.
Article 7 – Complaints
Any complaint regarding product or order compliance shall be sent to s.a.
Tilman within three working days after the receipt of the products. After that
time, no complaint may be taken into consideration and the delivery shall be
Article 8 – Jurisdictional clause
Unless formally and previously provided in writing regarding the terms of
settlement by means of arbitration, all disputes shall be brought to the Courts
of the legal district of Namur (B), whatever the place where the contract is
entered into and the place where it is to be performed. The laws of Belgium
shall solely apply.