These general terms and conditions (the "General Conditions") apply to all agreements entered into between Tricky Tabasco (the "Seller") and any customer (the "Buyer") concerning the sale of products manufactured and/or sold by the Seller (the "Goods") as well as the provision of any services. They may be subject to subsequent modifications.
By placing an order, the Buyer declares to be aware of and accept the General Conditions. The general or specific purchasing conditions of the Buyer are expressly excluded and can only apply with the explicit prior agreement of the Seller, with any implicit acceptance of such conditions by the Seller expressly excluded.
Quotations bind the Seller only for a period of 30 days from the date of issue.
The sale is only concluded upon the Seller's written acceptance of the Buyer's order. The Seller's refusal of the order does not entitle the Buyer to compensation. After the acceptance of the order, the Buyer cannot refuse or cancel the order, nor make changes, without the express written approval of the Seller.
All invoices are payable within eight days from the invoice date, unless otherwise agreed upon.
In case of non-payment within the specified period, default interest of 12% per year on the invoice amount is automatically due from the due date, without prior notice. Additionally, a fixed compensation of 10% of the invoice amount, with a minimum of €200, is due as a penalty without prior notice.
A 50% deposit of the total invoice amount must be paid with each order. The balance is to be settled within eight days after the Goods are collected from the Seller's studio in Ghent, unless otherwise agreed upon.
Protests against the invoice must be made by registered mail within eight days of the invoice date. The Buyer is requested to always mention the date and number of the invoice, without which the protest is invalid and cannot be accepted.
Delivery times are provided for information purposes only and do not bind the Seller. Delay in delivery for reasons not attributable to the Seller can never give rise to any compensation or dissolution of the agreement.
In case of order cancellation by the Buyer, the already paid deposit is definitively acquired by the Seller as a fixed compensation, without prejudice to the Seller's right to claim higher compensation.
The Goods are delivered Ex Works (Incoterms 2020) at the Seller's studio in Ghent, and must be collected, and if necessary crated, there by the Buyer. Transportation costs are always fully borne by and at the risk of the Buyer, unless otherwise agreed in writing. Upon the Buyer's request, the Seller may assist in the shipment or transport of the Goods, but this is always at the expense and risk of the Buyer. The costs for shipping and transport (including but not limited to preparation costs, packing, transport by any means, customs costs) are always invoiced to the Buyer.
The storage of the goods after delivery and pending collection is at the expense and risk of the Buyer. If the Buyer does not collect the goods on the agreed date, the Seller reserves the right to consider the agreement as dissolved after a period of fifteen days, without prior notice. In this case, the already paid deposit is definitively acquired by the Seller as a fixed compensation, without prejudice to the Seller's right to claim higher compensation.
Upon collection, the Goods must undergo a visual inspection, and any visible defects must be reported during the inspection. Failure to do so implies acceptance by the Buyer. In the case of Goods being shipped, this must be done within eight days of the Goods arriving at the Buyer's location. Color variations, irregularities, and/or abnormalities are entirely normal and inherent to Mortex. This includes, among other things, color differences on one place due to the degree of polishing, small scratches, dust particles, grains, pits, different 'patterns' (such as clouds, streaks, etc.). These do not constitute defects. The Seller is not responsible for damage incurred during or after transport.
The Goods are only suitable for indoor use. The Seller is not responsible for damage resulting from outdoor use of the Goods.
The Buyer must check the conformity of the Goods within eight days after the collection of the Goods. In the case of Goods being shipped, this must be done within eight days of the Goods arriving at the Buyer's location. The Buyer must inform the Seller in writing of any non-conformity of the Goods with the order within the same period. After the expiration of this period, complaints regarding non-conformity will not be accepted, and the Seller's liability cannot be invoked in any way.
The Seller is not liable for any damages, directly or indirectly resulting from the Goods and/or Services delivered or sold by the Seller, except in case of gross negligence or intent. The liability of the Seller is in any case limited to the net invoice value of the Goods, excluding transport or shipping costs. In no event can the Seller be held responsible for any indirect damages such as, but not limited to, loss of income or enjoyment, or any other losses or consequential damages, both to the Buyer and to third parties.A hidden defect must be reported to the Seller within one month of its discovery, failing which the Seller is not liable. In any case, the Seller is not liable after the expiration of a period of twelve months from the date of collection of the Goods at the Seller's studio in Ghent or upon arrival of the Goods at the Buyer's location in case of shipping. The liability of the Seller is limited to the replacement, repair, or refund of the Goods, at the discretion of the Seller. The Seller is not liable for damage to the Goods and/or any consequential damage resulting from incorrect assembly, storage, or processing, or the non-compliance with the specifications or instructions of the Seller (see "technical data sheet" and "maintenance tips" on the website, which are an integral part of the General Conditions) by the Buyer, or violations of any applicable laws and regulations.
If, due to force majeure, strike, lockout, or any other form of force majeure (such as, but not limited to, strike by the Seller's suppliers, war or threat of war, terrorist acts, hostilities, riots, embargoes, acts or restrictions by government institutions, fire, transportation hindrance, supply scarcity (especially of raw materials), epidemics), the Seller is unable to execute the agreement or the execution of the agreement becomes significantly more difficult due to a force majeure event, the Seller reserves the right to terminate the agreement without any compensation being demanded.
The Goods remain the property of the Seller until the amounts due are fully settled, including any outstanding interest or costs of any kind, without prejudice to the delivery of the Goods and the transfer of risk to the Buyer. From the effective delivery date of the Goods until the transfer of ownership of the Goods to the Buyer, the Buyer must ensure, at its own expense, that the Goods are securely stored and bear all risks and liabilities. The Buyer undertakes not to change or dispose of the Goods by pledging them or granting other similar rights or guarantees over the Goods and ensures that the Goods are always clearly identifiable as the property of the Seller. In the absence of full payment for the Goods, the Buyer undertakes to return them and will bear the costs to possibly restore the Goods. The paid deposits remain definitively acquired by the Seller as compensation, without prejudice to the Seller's right to claim higher compensation.
If a provision of the General Conditions is declared null or unenforceable, then this provision (to the extent it is null or unenforceable) will be deemed to have no effect and not form part of the General Conditions, without affecting the other provisions of the General Conditions.
All disputes arising from the agreement fall under the exclusive jurisdiction of the courts of Ghent. Only Belgian law applies, to the exclusion of the Vienna Sales Convention.
Armand&Francine reserves the right to make technical and aesthetic improvements to its models, including changes in sizes and materials, without prior notice. For specific information, please contact your nearest dealer.
