1. All our offers are without commitment and conditional on sales or stock limitations. They are also subject to revision in accordance with the guidelines for indexing in the textile sector in the case of a rise in wages or/of the cost of raw materials.
2. Complaints must be made within eight days of receipt of the invoice.
3. A customer making an order for production or reproduction is considered as being legally entitled to do so. This customer and his partners assume full responsibility for this.
4. Giving a pass for press or an order to print, duly signed and dated, frees the supplier of all responsability for errors or omissions noticed after printing. The pass for press remains the property of the supplier and can be used as evidence in the case of litigation. Complaints concerning defects and errors which have not been corrected on the proof supplied with the pass for press are not taken into consideration. Corrections pointed out verbally are not recognized in the case of litigation, unless there has been written confirmation. The correction of errors in composition is solely our responsability. Any alteration made to the plan afterwards is to be paid for separately, in accordance with the time needed for recomposition, at a rate of 32 € per hour's work.
5. We are obliged to conform to the usual customs and practices of the textile industry. Exact conformity of the shades to be reproduced and the absolute invariability of the colourings cannot be guaranteed. Certain divergences inherent to the nature of the work must be accepted. Standard production : +/- 5% on the metric weight and +/- 2% on the dimensions, off-standard production: +/- 5% on the metric weight and +/- 3mm on the dimensions.
6. Our responsabilty after delivery is limited to the replacement of the product and to no other activity. BARTEX is not responsible for specific chemical reactions between our mats and certain floorings.
7. As a general rule, delivery dates are only indications. As they can be influenced by third parties (suppliers and subcontractors) or by the force or circumstances beyond our control, they are merely a promise of our good intent and not a formal commitment. A delay in delivery cannot constitute grounds for refusal for the principal party and will never be a subject to payment for damages. Any delivery dates are extended by any lateness on the part of the principal in providing the documents or returning the corrected proofs and the pass for press.
8. Invoices are payable in Fleurus, at the latest thirty days after their date. Automatically and without any further warning, the amount of any invoice not settled within 5 days of falling due will be automatically increased by 15% with a minimum of 25 € and will be subject to annual interest of 12%. We do not give up either of these rights in drawing a draft domiciled on the customer or on any third party designated by the customer and in stating a date later than that when our credit fell due.Only Belgian bank charges relative to the payment of invoices are at the expense of BARTEX. The bank charges of the customer's banker are at the customer's expense.
9. Articles delivered remain the property of BARTEX until full payment has been made. Goods delivered in France remain our property until the last day of their full payment according to the terms of the law n° 80.334 of 12 M ay 1980.
10. Dispatching, by the means which seem most appropriate to us, is at the own risk of the addressee.
11. In the case of dispute, the law courts of Charleroi or the law courts of the buyer's domicile, at the choice of the seller, are alone competent.
12. BARTEX reserves the right to refuse orders without needing to give any justification. When the purchaser's credit deteriorates, we reserve the right, even after partial execution of an agreement, to demand from the purchaser the guarantees we consider appropriate in view of the proper execution of the undertakings entered into. A refusal to comply gives us the right to cancel all or part of the agreement.