Sales Conditions

Sales Conditions E-MAX ALUMINIUM PROFIELEN NV (hereinafter: EMAX)

  1. Unless otherwise agreed EMAX is only bound to its own offer and/or order confirmation and these conditions, expressly excluding the client’s own contractual conditions.

  2. Matrices and other instruments produced at the client’s request remain in all circumstances the property of EMAX. EMAX remains the exclusive owner of all intellectual property rights bound to the goods and services provided to the client by EMAX. The client guarantees to EMAX that the details provided by the client do not infringe aby intellectual property rights of third parties.

  3. EMAX is not an engineering office. All of the studies carried out and recommendations made by EMAX are meant for information purposes only and are not in any way binding to EMAX.

  4. All stated delivery times are to be used for information purposes only. The delivery of goods will take place ex works from the EMAX establishment in Dilsen-Stokkem (Belgium). Deliveries above 500 kg will be delivered to the client’s establishment free of charge. Delivery will always be in accordance with EN standards and the tolerances provided therein. Late delivery will not give rise to any compensation for damages by EMAX to the client.

  5. EMAX has only an obligation of means for the provision of services. It is the client’s responsibility to provide proof that EMAX did not take the necessary care which could be expected when providing services.

  6. All invoices are payable 30 days after the invoice date. Payment needs to be made to the registered office of the EMAX establishment concerned in Dilsen-Stokkem (Belgium). The goods remain exclusive property of EMAX as long as they remain unpaid. From their due date all unpaid invoices will be increased, by law and without formal notice, by the base interest rate with an additional 7 percentage points and rouded up to the nearest half a percentage point (art. 5. Act 02/08/2002). In addition, all unpaid invoices will be increased, by law and without formal notice, by a fixed interest rate for compensation set at 10% of the outstanding amount on the invoice, except when the actual collection charges – including the costs for legal aid – are higher (art. 6. Act 02/08/2002).

  7. EMAX needs to be informed in writing by the client of any complaints relating to invoices within 8 days following the invoice date. Goods containing visible defects for which no comments were made by the client at the point of delivery will be considered to have been accepted. EMAX must be informed in writing by the client of all complaints concerning non-visible defects immediately on discovery and no later than 6 months following delivery.

  8. Irrespective of its right to compensation for damages. EMAX is entitled to either postpone or rescind the agreement by law by merely sending a registered letter to that effect, in the event of the client’s failure to pay on a single due date, or failure to fulfill any other contractual obligations.

  9. This transaction is governed by Belgian law. In the event of a dispute the courts of law of Tongeren (Belgium) have exclusive jurisdiction with the understanding that EMAX is entitled to pursue the dispute through the courts of law where the client’s registered office is established or where the client resides.

Retention of Title E-MAX ALUMINIUM PROFIELEN NV (hereinafter: EMAX)

The title in the goods shall pass to the buyer only when payment in full has been received by the seller for all goods whatsoever supplied (and all services rendered) at any time by the seller to the buyer. The buyer will permit the servants or agents of the seller to enter on to the buyer’s premises and repossess the goods at any time prior thereto. As long as payment has not been effected the buyer cannot sell, pledge or offer goods as guarantee or collateral security. Should the goods (or any of them) be converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions, the conversion will be deemed to have been effected on behalf of the seller and the seller will have the full legal and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party, and the buyer hereby indemnified the seller in relation thereto. In the case of non- payment at the due date and upon demand the buyer must return forthwith to the seller all merchandise unpaid for.

Sales Conditions

Headoffice & profiles

Billets

E-MAX

Siemenslaan 8
3650 Dilsen-Stokkem
Belgium
T +32 89 790999
Directions
 

E-MAX PROFILES GULLEGEM

Nijverheidslaan 70
8560 Moorsele / Wevelgem
Belgium
T +32 56 228522
Directions

E-MAX PROFILES MOORSELE

Drieslaan 29
8560 Moorsele / Wevelgem.
Belgium
T +32 56 438440
Directions

E-MAX BILLETS

Minervastraat 1 
6468 ET, Kerkrade
PO Box 3070
6460 HB, Kerkrade
The Netherlands
T +31 455 679000
Directions