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