These general terms and conditions alone govern the contractual relationship between the parties to the exclusion of the terms and conditions of the contracting partner of TENSIO. If preference is given explicitly and in writing to the terms and conditions of the contracting partner of TENSIO, the terms and conditions below apply additionally.
All delivery deadlines quoted are purely indicative. Any failure to meet those deadlines will not lead to the cancellation of the order under any circumstances, and TENSIO cannot be held liable for the delay.
Samples are purely indicative. Any differences between a sample and the delivered material cannot give grounds for the termination of the agreement, return of the goods, or compensation.
The packages remain the property of TENSIO and are charged merely as a means of security. They must be returned to TENSIO in good condition, displaying the TENSIO labels, and certainly must not have contained any other product than that with which they were delivered by TENSIO. Costs for any necessary cleaning are charged to the buyer.
TENSIO must be notified of any visible fault or deficiency in the delivery no later than the time of the delivery. TENSIO must be notified by registered letter of any concealed fault or deficiency in the delivery within eight days of its discovery. If it concerns a fault to be attributed to TENSIO and the formalities mentioned above have been observed, the guarantee commitment of TENSIO will be limited to the repair of the fault, if the fault can be repaired. However, if the fault cannot reasonably be repaired, the guarantee commitment of TENSIO will be limited to the replacement of the goods with identical or similar goods. TENSIO will not be liable under any circumstances for any other form of compensation or for direct or indirect damage.
The parties agree to postpone the transfer of ownership of delivered, but as yet unpaid goods until the full payment of the purchase price. These goods may not be sold, disposed of, used to borrow money on, pledged, or taxed without the express written consent of TENSIO.The buyer agrees not to carry out any operation whatsoever which could interfere with the identification of these goods.
TENSIO has the right to regard the agreement with its contracting partner as terminated on the account of this contracting partner in the following circumstances: bankruptcy of the contracting partner and a failure on the part of the contracting partner to make its payments or to make its payments on time. In all cases in which the agreement is terminated on the account of the contracting partner, the contracting partner will pay TENSIO compensation which is set at a fixed sum of 25% of the agreed price, without prejudice to the right of TENSIO to claim further compensation.
TENSIO accepts responsibility only for an obligation to perform to the best of its ability. In any event, its liability is limited to a maximum of the sum paid by the contracting partner.
Subject to any special notification on the invoice, the goods are payable in cash at the registered office of TENSIO at the time of delivery. Any sum which remains unpaid on the invoice expiry date will be increased legally, without prior notice, and from the date of the invoice by a conventional moratory interest which is equal to the interest rate as stipulated in section 5 of the Law on Payment Arrears + 3% and which will amount to at least 12%, and fixed compensation for the collection charges, with the exception of judicial collection charges, of 10% and which will amount to a least €50.00 per invoice.
In the event of disputes, Belgian law will be applied and the Belgian law courts, especially the law courts of the judicial district of Antwerp, Mechelen division and, if necessary the justice of the peace court of the subdistrict of Mechelen, will have sole jurisdiction.
