These conditions apply to all our sales. The customer shall with each order placed be fully bound by these Standard Conditions and accordingly the customer’s Standard Conditions shall not apply unless expressly agreed in writing by Castle Dairy®. Castle Dairy® reserves the right to require additional guaranties from the customer in the case of a change of the financial status and in particular of solvency of the customer, failing which Castle Dairy® may cancel any order placed by the customer. INCOTERMS (2000 edition) shall insofar as relevant apply to international sales.
Any claims made by the customer shall not affect the customer’s obligation to settle any invoice on its due date. Where any goods delivered to the customer are defective of unsuitable, Castle Dairy® shall be liable only to replace the defective or unsuitable goods.
3. Prices and Delivery Periods
The prices and the delivery periods are stipulated in the contract concluded between the customer and Castle Dairy®.
Our invoices shall be payable on the due date expressly provided for in the contract concluded between the customer and Castle Dairy®. Any unpaid invoice at due date produces, without preliminary formal demand, an interest of minimum 1.5 % interest of delay per month and implies automatically a 15 % rise with a € 125 minimum, in conformity with the fixed and conventional reparation of damages. Furthermore, Castle Dairy® will have the possibility to cancel the not yet executed orders or to require a pre-payment. The customer will cover all expenses, resulting from a quotation in covering of the owed sum in front of the competent court.
5. Title to Goods
Title of the goods shall not pass to the customer until effective payment in full of the contract price has been made. Where a claim for recovery of the goods has been made and the contact cancelled, Castle Dairy® may demand payment by way of damages of any loss in value of the goods recovered.
If the customer failures to comply with any of these obligations and the formal notice of Castle Dairy® sent to the customer remains vain during ten days after the date of sending of the formal notice, Castle Dairy® may terminate the contract with immediate effect.
7. Force Majeure
Any event outside the control of Castle Dairy®, and in particular any industrial action, operational accident or problem relating to the transportation of supply of raw materials, or any fire, flood, breakdown or freezing-up of machinery shall be deemed to be an event of force majeure. Where the event is such as to cause only temporary disturbance, the contract shall be suspended only for the duration of the event.
The fact for the customer not to have received our general conditions in its mother tongue does not exempt him from their application. In case of dispute between parties, it is expressly agreed to attribute the exclusive competence to the courts of Verviers, Belgium, as well for the national as international sales. Any dispute between the customer and Castle Dairy® is exclusively settled according to the Belgian law.
9. Loss Adjustments
Any delay in payment will result in a compensation for loss adjustments to the amount of EUR 40, in addition to a compensation for losses due to late payment (article L.441-6, al 12 of Code of Commerce).