GENERAL SALES CONDITIONS

If the products sold are stored in refillable cylinders, these general sales conditions only apply to the gas and/or liquid that is stored in the cylinders, and not to the cylinders themselves, unless it was specifically stipulated that these are included in the sale.

Article 1 – Quotes

1. The sales agreement only comes about in accordance with the written confirmation of the order by the seller. Additions or changes shall only be valid if they are confirmed by him in writing.
2. All agreements concluded and orders accepted by Fomicom nv are subject to these conditions. Purchase conditions on the part of the buyer that contradict these conditions will not be applicable unless expressly agreed otherwise in writing.

Article 2 – Delivery

1. Delivery takes place according to a written agreement. Failing this, the place of shipping is also the place of delivery.
2. Exceeding of the stated delivery deadline, for any reason whatsoever, shall not give the buyer the right to claim compensation, the right not to fulfil the obligations that arise from the agreement, or the right to claim the annulment of the agreement.
3. Partial deliveries and invoicing are authorised.

Article 3 – Acceptance

1. The goods shall be considered to be delivered in accordance with the order and consequently to be accepted by the buyer, unless the buyer notifies the seller by registered letter of any possible visible defects within 8 days of receipt. The parties hereby agree that the period for the introduction of a claim due to hidden defects is to be 1 month.
2. Any possible return of goods must first be approved by the seller in writing. In the absence of such an agreement, all return shipments will be rejected and any costs thereby incurred shall be borne by the buyer.
3. Liability for defective delivery shall be limited to the replacement and/or additional delivery of the goods recognised as defective or missing respectively.

Article 4 – Prices/payment

1. Unless otherwise agreed in writing, all prices are to be understood as ex-works (EXW). All additional costs, including but not limited to costs for processing and transport, bank costs, insurance, taxes, charges and/or levies of any kind, shall be borne by the buyer.
2. Unless otherwise agreed in writing, invoices must be paid in cash. Under no circumstances shall the buyer be able to claim compensation.
3. From the due date and without prior notification, interest shall be due at a rate that is 4.5 % higher than the Euribor 3 months that is applicable on the due date. In the event of non-payment on the due date of the invoice or part of the invoice, lump sum compensation shall also automatically be due of 10% of the invoice amount, with a minimum of EUR 100, even if a grace period has been granted.
4. Non-payment of an invoice on the due date shall bring about the immediate payability of all invoices still outstanding, without account needing to be taken of the previously allowed payment facilities.
   The seller also reserves the right to suspend deliveries for as long as the invoice amounts are outstanding and, if he so wishes, he may ipso jure break off all agreements by registered letter with the buyer who does not pay or pays too late.

Article 5 – Obligations and responsibility of the buyer

1. The buyer expressly declares that he is aware of the properties of the product, that he has the necessary know-how and experience to handle the cylinders, accessories and the product, and that he bears full responsibility for the handling and use thereof.
2. Unless specified otherwise, the reusable cylinders remain the property of the seller, who is entitled to charge a pledge deposit. They are only intended for use with the product delivered by the seller and they may only be filled by the seller. They must be returned to the seller in good condition within three months of the expiry date of the product that they contain, failing which the seller shall be entitled to retain the pledge deposit.

Article 6 – Obligations and responsibility of the seller

1. The seller only guarantees that the product satisfies the product specifications. Under no circumstances does he guarantee the saleability or appropriateness of the products for a given purpose. The responsibility of the seller, whatever the claim of the buyer, shall be limited to the replacement of the cylinders and the product.
2. Fomicom nv can under no circumstances be held liable for loss or direct or indirect damage suffered to the delivered goods by the buyer or third parties (including but not limited to corporate damage) that are connected to or caused by the use of the goods by the buyer, his employees or third parties.

Article 7 – Risk and transfer of ownership

1. The transfer of ownership only takes place at the time that the seller has irrevocably received full payment. The buyer shall undertake not to sell or pledge the goods so long as they are not paid for. If the goods are still sold, then the seller has a resale right on the resulting sale price.
2. Unless the sales agreement specifies otherwise, the risk is transferred to the buyer at the time the goods leave the place of delivery.

Article 8 – Force majeure

1. In the event that the seller cannot comply with the agreement or cannot do so on time or can no longer do so, he has the right to terminate it. He may under no circumstances be held liable for direct or indirect damage suffered by the buyer.
2. By force majeure shall be understood the following among others: seizure, disturbance and obstruction in operations, strikes, fire, import and/or export ban and in general terms all unforeseen circumstances encountered by the seller or the companies from which he obtains goods.

Article 9 – Non-renunciation clause

1. If the seller fails to invoke the application of one of these sales conditions, this shall not imply the abandonment or renunciation of the same or other provisions.
2. In the event that one of these sales conditions shall be found not to be applicable or to be null and void, the other conditions shall remain fully applicable.

Article 10 – Competence/Applicable law

1. All commercial transactions that fall under the application of these general sales conditions or arise from them are considered to be concluded in Maldegem, and they are governed by Belgian law.
2. Any possible disputes shall fall under the exclusive competence of the Justice of the Peace Court of the canton of Eeklo and the Courts of Ghent. The seller however reserves the right to refer the dispute to another Belgian or foreign court which based on the general principles regarding competence can become acquainted with the dispute.