GENERALS CONDITIONS

PERIOD

The periods of production and supply are approaching and not binding. The usual

toleration own to the nature of the specific activities of MISHALLE is taken into account.

There canʼt be required any compensation for delay of supply if nothing about that has

been explicitly agreed.

If a delay in the supply is occurred, the customer canʼt under no circumstances cancel an

order or refuse to take the ordered material in reception. The strikes, discontinuances,

either in the transport of the goods, or in the supply of the electric flow, the absence to

supply because of the suppliers of the raw materials and any other accident and any

prevention on account of an act of supremacy, grant MISHALLE the right either to cancel

the order or, either to consider as raised the delivery deadlines, and free MISHALLE of all

responsibility.

PRICE

The prices are always for goods sold in the workshops of MISHALLE and irrespective of

the supply modalities. The prices are always exclusive taxes the public authorities could

levy. The prices have been based on the current rates of the raw materials, of the labor

level and of the transport costs. So far they become modified, MISHALLE preserves itself

the right to modify the prices accordingly.

PAYMENT

Independent the conditions of delivery or payment agreed, the invoices are always in

Antwerp payable.

In case of non payment of an invoice on the agreed date, each other amount becomes

payable without any further delay, and MISHALLE has the right, by law and without any

declaration in dun and default, to stop or cancel, suspend and/or require the immediate

payment of the current orders.

The determination of any lack in the supply modifies nothing to these conditions.

Each amount chargeable and not paid on the payment day produces interests to the

interest rate as foreseen the Law on Combating Late Payment in Commercial

Transactions, by law and without any declaration in dun and default or summation, and

exclusively on account of the fact that the fixed decline day is exceeded.

Also the chargeable sum by law and without any declaration in dun and default, becomes

increased with a fixed amount of 10%, with a minimum of € 750.00, as title of damage for

extrajudicial covering costs and contractual damage, notwithstanding other relevant

covering costs.

RESERVATION OF PROPERTY

It is explicitly agreed that the sold goods will remain the excluding property of MISHALLE

as long as the customer will not entirely have paid the complete price (principal sum, costs

and interests).

RISKS

The supply happens in the premises of MISHALLE, subject to otherwise written conditions.

As from the moment that the goods leave the workshop of MISHALLE, the preservation

and the transport occurs for costs and risk of the customer, even if they are send “franco”.

Each requirement to indemnity on account of damage or of lack aimed to be served to the

carrier.

RESPONSIBILITY

The responsibility for hidden lacks of the goods is limited to replace of the pieces which will

become sent back to MISHALLE; no other and further compensation will be possible. We

accept no responsibility for the accidents resulting from the application of the products

which we will have provided, at consequence to some hidden lack. Our liability has been

restricted at all times to the value of the provided good that will have caused damage.

COMPLAINTS

Absolutely no complaint can become accepted unless submitted in writing within the eight

days next on the arrival of the material at the customer. Hidden lacks must be

communicated within short period after the discovery of it.

Each consignment, without agreement of MISHALLE, will be refused.

MODIFICATIONS

The weights, dimensions and descriptions as well as the details of the drawings and

photos in the catalogues attentive or joined at the tenders, are given at title of approaching

name and information and link MISHALLE by no means.

RESERVATION

The tenders of MISHALLE are without obligation and forms simple names which can be

always modified by MISHALLE. MISHALLE is only bound by a written acceptance of the

order.

DISPUTES

In case of proceedings only the courts of the social seat of MISHALLE are competent,

nevertheless the place of the supply. Exclusively Belgian law shall apply.

OBSERVATION

Present conditions are integral part of the agreement, to the exclusion of its own conditions

of the customer. There can be deviated only in writing from. These general sale conditions

apply only between traders, at trade operations that lead to providing goods or supplying

services within the framework of a self-employed person professional or economic activity