I. General terms
1. These conditions apply to all sales of K PLAST goods. Any modification requires our express written approval. Any contradictory conditions are void.
2. K PLAST proposals are not firm. Orders are only considered final after receipt of our written confirmation or delivery of the goods.
3. Oral agreements are not binding without written confirmation from K PLAST.
4. While using the delivered goods, the client must comply with K PLAST industrial property rights and any third party rights.
1. K PLAST goods are delivered under the terms specified on the order confirmation. Unless otherwise specified, delivery and transport are at the customer’s own risk.
2. If K PLAST undertakes to deliver free to the destination, K PLAST will cover the cost of insurance. K PLAST should be notified of any incident or missing items as soon as possible. In either case, transport company confirmation must be provided, specifying the missing quantities, if any.
3. In the event of late return of transport or loading means provided to the client (such as pallets), particularly in the event of exceeding usual loading times, K PLAST reserves the right to invoice rental costs and expenses to the client.
4. If the client is late in fulfilling any of his obligations, K PLAST obligation to deliver shall cease to apply.
5. If an agreed delivery date is missed, K PLAST lateness is only taken into account as of receipt of notification from the client specifying an adequate extension to the lead-time.
III. Force majeure
In cases of force majeure, in particularly in the event of unavoidable circumstances or events in spite of the due diligence of the proper traders, the contractual obligations of the parties shall be suspended throughout the period of the disturbance. This applies to delivery lead-time that do not accrue during such periods.
If such delays should exceed six weeks, both parties may withdraw from the contract covering the obligation in question, excluding all other rights.
This solution also applies to force majeure situations affecting K PLAST suppliers, creating major delivery delays.
1. K PLAST invoices are made out on the basis of the prices applicable on the day of delivery.
2. K PLAST prices are given before tax and the client must pay VAT at the current rate.
1. K PLAST invoices are made out on the date of delivery.
Payment must be made within the period specified on the order confirmation or invoice.
2. Payments are attributed to the oldest invoices outstanding. Extra expenses are invoiced with the relevant lateness interest.
3. Bills of exchange are only accepted with our express agreement. Any costs and expenses are payable by the client who also bears the risk of presentation within the deadline and protest.
4. If the payment deadline should expire, K PLAST will invoice lateness interest of 2% above the current legal rate of interest, without affecting any other compensation.
5. In the case of late payment and in the event of doubt concerning the client’s solvability or ability to pay,
K PLAST may demand further guarantees or payment before delivery for future deliveries, without affecting any other rights. All due amounts then become payable immediately.
6. Only due amounts that are incontestable and/or confirmed by an enforceable title authorise the buyer to declare the compensation or exercise a right of retention.
7. Unless otherwise agreed, payment must be made by wire transfer.
1. Any information concerning the product description, features or possibility of use are given subject to knowledge at the time of the order. They do not relieve the buyer of implementing his own checks and trials.
Modifications to the design and model of K PLAST goods in terms of manufacture, colour and finish may not be considered as defects by the buyer. Such modifications may affect our choices according to design availability.
2. The buyer must examine the delivered goods immediately and inform K PLAST of any defects in writing as soon as possible. Claims received more than eight days after receipt of the goods or more than eight days after discovery of a hidden defect will not be accepted. In any case, claims will only be accepted if received within six months of receipt of the goods and in writing.
3. K PLAST warranty obligations are limited to product replacement, at our discretion.
Goods for which a claim is made may only be returned after our express agreement.
VII. Reservation of title clause
1. Goods sold remain K PLAST property until full payment by the client of all our due amounts. Any contradictory clause is void and our clients acknowledge the validity of this clause in contracting with our company.
2. This reservation of title also concerns the transformation, mixing or combination of
K PLAST goods and the results of any such transformations. The reservation of title applies to the full value of any such new product and we are considered to be its manufacturer. In the case of transformation, mixing or combination of our products with third party products, if third parties also acquire a property right, we shall be considered joint owners in proportion to the amounts invoiced for the goods in question.
3. K PLAST goods cannot be used as collateral security and the due amounts replacing them cannot be transferred to third parties before full payment of all amounts due to us for our business contracts.
VIII. Place of fulfilment and competent court
The place of fulfilment for delivery and payment is K PLAST head office.