TERMS & CONDITIONS OF TRAMEX TRADING
Article 1: Application
1.1. These Terms & Conditions of Sale apply to all orders placed with us, including those in respect of ancillary services.
1.2. These Terms & Conditions of Sale are the only ones applicable, excluding the general and particular conditions on the part of the
Purchaser which we had not expressly accepted in writing.
Article 2: Offer and Order
2.1. Unless stipulated otherwise, in our Particular Conditions, the period of validity of our offers is 2 months.
2.2. Any order which has not been preceded by a written offer from us will not commit us unless we have accepted it in writing.
2.3. Sending an "order" or "purchase order" to Tramex automatically carries out its validation/confirmation. Except contrary express written
notification by Tramex within 10 working days.
The production of the order will be launched when the pro forma invoice is returned duly signed by the Purchaser and the deposit invoiced has been received. In the event of a letter of credit being issued, the production of the order will be launched until TRAMEX TRADING receives the confirmation of the opening of the letter of credit and/or the pro forma invoice is returned duly signed by the Purchaser.
Article 3: Prices
3.1. Our prices are shown in dollars.
Any new tax imposed between the time of the order and that of the delivery will be payable by the Purchaser.
3.2. Our prices cover only the supply of the goods described in the particular Conditions, to the exclusion of any other work or service.
3.3. Should, between the time the offer was made and the confirmation of the order by the Purchaser received, the suppliers of TRAMEX
TRADING apply a price increase, the latter reserves the right to pass this price increase on to the Purchaser.
Article 4: Payment
4.1. Our invoices are payable according to the payment terms written on the PI& INVOICE.
4.2. A deposit will be required at the time of signing by the client of the customer pro forma invoice which will be sent to it by TRAMEX
TRADING. The balance will be payable on the sending by TRAMEX TRADING to the Purchaser of a copy of the bill of lading. The
original transport documents will be sent to the Purchaser when the total price has been paid to TRAMEX TRADING.
4.3. Any claim or complaint on one of our invoices must be notified to us in writing 15 calendar days at the latest after receipt of the goods.
Otherwise, the Purchaser may no longer challenge this invoice.
4.4. In the event of non-payment of an invoice when due, all the Purchase r’s invoices will become payable immediately.
4.5. Any invoice unpaid when due will be subject, as of right and without formal notification, to interest on arrears of 1% per month.
4.6. Any invoice unpaid when due will, moreover, be increased as of right and without formal notification for damages by a flat-rate indemnity
of 10% of the amount of the outstanding amount unpaid.
Article 5: Terms of Delivery
The Purchaser bears all the risks in relation to the goods sold once loaded onto the boat (sale FOB), in particular those relating to transport, even if we see to the latter or its organisation.
Article 6: Delivery Period
Save an express guarantee given in our particular Conditions, the delivery periods mentioned in our particular Conditions, are not strict
We can be held liable only if the delay is significant and due to serious misconduct on our part.
Article 7: Reservation of Ownership
The goods delivered remain our property until full payment of the price.
Article 8: Approval
The goods are deemed to be approved by the Purchaser 5 calendar days at the latest after delivery, unless he/she has notified us by registered
letter, providing us with a precise and detailed claim before the expiry of this period.
The approval will cover all apparent defects, i.e. all those which it was possible for the Purchaser to detect at the time of delivery or in the 5 calendar days which followed by a careful and serious inspection particularly those relating to the characteristics of the goods.
Article 9: Warranty
We guarantee the goods we sell against hidden defects for a period of 3 months from the date of delivery.
Article 10: Liability Limitation
From the act of delivery, we no longer accept any liability other than those set out in Articles 8 and 9.
Article 11: Cancellation of the Sale
We are entitled to cancel the sale, as of right, by notifying the Purchaser by registered letter of our wish in the case of serious non-fulfilment by the Purchaser of one of its contractual obligations, particularly if it refrains from taking delivery of the goods in the period granted to it, if the Purchaser is in arrears of more than 30 calendar on the payment of an invoice or if it is proved that it will not fulfil or seriously risks not fulfilling one of its principal obligations, and this even before this is due for payment.
In the event of cancellation of the sale pursuant to the above paragraph, the Purchaser will be liable to us for damages fixed at a flat-rate of 25% of the selling price.
Any company or person connected with the purchasing company (subsidiary, affiliate, etc.) undertakes never to obtain its supplies of goods
directly or indirectly from the supplier and not to do so during the period of the contractual relations between the parties and not to do so for a
period of 3 years after the end of the contractual relations.
It undertakes systematically to deal through TRAMEX TRADING
The sanctions set out in Article 11 will be applicable in the event of infringement by the Purchaser of this ban and will be liable to our company for any and all damages caused by this illegal action.
Article 13: Jurisdiction
Any dispute directly or indirectly connected with our contractual relations with the Purchaser falls exclusively within the jurisdiction of the Courts and Tribunals of the District of Liège.
Article 14: Law applicable
Our contractual relations with the Purchaser are governed by Belgian law.