General terms and conditions
1. Acceptance of the general conditions of sale
These conditions govern all sales contracts concluded between BOIS BREVER and its customers, as well as all price offers made by BOIS BREVER, unless expressly waived in writing. BOIS BREVER’s catalogues, brochures and advertising material are indicative and not binding, and the company reserves the right to modify them at any time. The application of the customer’s (general) conditions is excluded, even if they have been communicated subsequently.
2. Acceptance of offers and orders
Offers and orders are only binding on BOIS BREVER once they have been accepted by a person authorised to commit BOIS BREVER to them.
3. Delivery time
Any delivery time is given as an indication only and is not binding, unless expressly agreed between the parties. Possible delays in delivery shall not give rise to any compensation, indemnification or termination of the contract.
4. Goods to be delivered
With regard to the quality of the product to be delivered, the sole obligation of BOIS BREVER is to deliver the agreed quality of the product. Therefore, BOIS BREVER does not give any guarantee as to the saleability or suitability for certain applications. Insofar as the quality of the product to be delivered has not been specified, BOIS BREVER has the right to deliver the quality which, at the time of delivery, is the production quality of the production plant. The specification of the product samples made available to the customer shall only be considered as a specification to be delivered if this specification has been explicitly indicated as the specification to be delivered.
Delivery takes place at the price agreed between BOIS BREVER and the customer.
Payment must be made within 30 days of the date of issue of the invoice, without compensation or deduction of rebates, discounts or remissions. In the event of non-payment or late payment, any sum unpaid on its due date shall automatically and without prior notice produce interest on arrears at the rate provided for in articles 3 and 5 of the law dated 18/04/2004 relating to payment periods and interest on arrears. In application of the above-mentioned articles, claims from commercial transactions shall accrue interest on arrears payable by operation of law on the day following the date of payment or the end of the payment period fixed in the contract at the key lending rate of the European Central Bank plus the margin, as published at the beginning of each half-year in the Mémorial B. For sales to private individuals, interest on arrears of 10% per annum shall be due by operation of law and without prior notice on any sum not paid on the due date. In the event of late payment of one or more invoices, the remaining invoices, even if the payment period has not yet expired, shall become due and payable immediately and, furthermore, BOIS BREVER shall be entitled to demand cash on delivery for the next delivery, even if this has been agreed otherwise.
Payments will be charged to the invoice(s) designated by the customer in his payment order, provided that the payment fully clears these invoices. If the customer’s payment order does not specify the invoice to which it relates, the payment will be set off against the oldest outstanding invoice.
In the event of non-compliance with the agreed payment term, the seller is entitled, among other things, to immediately suspend deliveries.
7. Penalty clause
In the event of non-payment or late payment of an invoice on its due date, a penalty clause of 20% on the sale price shall be due by operation of law and without prior notice, with a minimum of € 50.
A deposit paid is not subject to restitution and is retained as a penalty clause even if it exceeds 20% of the sale price.
8. Acknowledgement of the invoice
In the event of cash payment in the hands of the delivery person, the invoice shall be deemed to have been paid by the latter’s signature, solely on the amount written by him in full on the original and by duplicate on the duplicate invoice signed for receipt by the customer and remaining in the possession of BOIS BREVER. Payment by cheque is not accepted.
9. Delivery, acceptance and taking delivery of the goods
All deliveries take place at the location agreed between BOIS BREVER and the customer. The shipment and transport of the goods is at the risk and responsibility of the buyer and/or recipient. BOIS BREVER is released from all liability from the time of loading. Wood owned by the customer and stored at BOIS BREVER, whether for sawing or processing, is not insured and is stored at the risk and responsibility of the owners. In the case of a purchase agreed at the special price of taking delivery in our warehouses, no further claims will be accepted after taking delivery. Loading is equivalent to acceptance of the goods. The goods must be taken delivery of within 3 weeks from the time the purchaser is informed that the goods are at his disposal. If this period is exceeded, the invoice is automatically issued. BOIS BREVER reserves the right to charge the customer a storage fee of € 5/m3 in the event of refusal or delay in taking delivery of the goods from the day on which the above information was sent to the customer.
Partial deliveries are allowed, each partial delivery constituting a separate contract.
Upon delivery, the customer is obliged to check the quantity and quality of the goods. Any claim (total or partial loss, deficiency in quantity or quality, etc.) must be made on receipt to the delivery staff and mentioned on the document that the customer signs for discharge. The absence of any protest or reservation on the part of the buyer shall be deemed to be agreement on the quantity and quality of the goods received. In any case, no claim can be accepted if it is not made by registered letter within 5 days of delivery, or, in the case of a hidden defect, within 7 days of its discovery.
10. Causes of impediment – Force majeure
BOIS BREVER may not be required to deliver in the event that the execution of the contract is prevented or delayed, in whole or in part, by the occurrence, either at its premises or at the premises of one of its usual suppliers, of a fortuitous event, a case of force majeure or any other cause beyond its control, such as, by way of example, an act of God, or a difficulty or shortage of supplies of finished products or raw materials.
BOIS BREVER will never be held liable to make up for shortages by using unusual sources of supply or third party suppliers.
11. Warranty / Liability
BOIS BREVER guarantees the customer against hidden defects in the goods delivered for six months from delivery. For this warranty as well as in general, the liability of BOIS BREVER shall be limited to the replacement of the product or the refund of the invoiced price, excluding all other compensation and damages. Under no circumstances shall BOIS BREVER be liable for indirect damage, including commercial damage such as personnel costs, reputational damage, reduced reliability, loss of profit or economic loss, etc. In accordance with the above-mentioned Article 9, timber owned by the customer and stored at BOIS BREVER, whether for sawing or processing, is not insured and is stored at the risk and responsibility of the owners.
12. Reservation of ownership
The transfer of ownership of the goods delivered is suspended until full payment of the price.
The risk is borne by the buyer.
We are entitled at any time to demand the return of the goods belonging to us if the customer does not fulfil his payment obligation.
13. Place of performance, applicable law and jurisdiction
Sales are governed by Luxembourg law.
The place of performance of the obligations resulting from the said sales is the registered office of BOIS BREVER.
All disputes relating to the interpretation and/or execution of the contracts shall fall under the exclusive jurisdiction of the courts of the judicial district of Diekirch, otherwise of Luxembourg.
However, BOIS BREVER reserves the right to bring the matter before the court of the customer’s domicile or residence.