Terms and Conditions of Purchase

Article 1

Unless expressly agreed otherwise in writing, these terms and conditions of purchase shall apply to all purchase agreements between Encon and the seller.

Any terms and conditions of sale issued by the seller shall not apply and shall not be enforceable against Encon.

If the application of the seller’s terms and conditions or the provisions of a special agreement is expressly and in writing preferred, the following terms and conditions shall continue to apply in a supplementary manner.

Article 2

Orders placed by an Encon employee are only binding on Encon once they have been confirmed in writing by a person authorised to bind Encon in this regard.

Article 3

Encon is entitled to cancel orders unilaterally, subject to payment of a fixed compensation amount equal to 5% of the agreed price.

Article 4

De prijs is deze die op de door Encon ondertekende bestelbon vermeld isp. Eventuele prijsherzieningen zijn uitgesloten.

De prijs is exclusief BTW.

De prijs is inclusief leverings-, transport- en verzekeringskosten.

Article 5

The price is as stated on the order form signed by Encon. No price revisions will be made. The price is exclusive of VAT. The price includes delivery, transport and insurance costs.

Article 6

The risk in respect of the goods sold passes to Encon at the moment the seller delivers them to Encon. Upon delivery of the goods, Encon shall sign the delivery note to acknowledge receipt. Encon undertakes to notify the seller in writing of any complaints regarding the delivery no later than eight working days after receipt of the goods.

Any hidden defects that render the goods unsuitable for their intended use shall be notified by Encon to the seller by registered letter within eight working days of their discovery. Where applicable, the seller shall refund the purchase price of the goods sold or ensure their replacement free of charge, and shall also compensate for any damage caused by the defect.

Article 7

Encon shall pay for the goods 60 days after the invoice date, unless expressly agreed otherwise between the parties and to the account number provided by the seller. In the event of immediate payment by Encon, a discount of 1% per month on the invoice amount shall be applied in Encon’s favour.

Article 8

Ownership of the goods sold shall pass to Encon upon delivery.

Article 9

In the event of a dispute, the Commercial Court of Antwerp, Tongeren Division, shall have exclusive jurisdiction. This provision also applies to contracts between Encon and EU nationals.