General terms and conditions of sale
Article 1: Scope of application
Unless otherwise agreed in writing, all agreements, offers and orders, as well as the deliveries and sales arising therefrom, are governed by the present general terms and conditions. The customer declares to have taken note of these general terms and conditions and expressly accepts them, including for future transactions with AC Timber Trading.
All offers made by our representatives constitute non‑binding price proposals and shall only be valid and binding after our written order confirmation.
Article 2: Payment terms
- Invoices issued by AC Timber Trading are payable in Ghent. AC Timber Trading does not waive this right when drawing a bill of exchange on the customer.
- Invoices are payable in cash, without discount.
- Any invoice that is not paid, even partially, on the agreed due date shall, by operation of law and without prior notice of default, incur a conventional late‑payment interest equal to the interest rate provided under the Act of 2 August 2002 on combating late payment in commercial transactions, per month commenced.
- In the event of non‑payment on the due date, and without prior notice of default, the invoice shall be increased by a fixed compensation of 10%, with a minimum of EUR 50, as damages for late performance, without prejudice to the aforementioned interest and any legal costs.
In the event of non‑payment, even partial, within the agreed period, AC Timber Trading reserves the right to postpone further deliveries, to request security prior to delivery, or to terminate the contract, without the customer being entitled to any compensation.
In such case, all other outstanding claims, including bills of exchange not yet due, become immediately payable.
Payment of an invoice does not constitute proof of payment of previous invoices. Returnable pallets will be invoiced at the applicable rate and must be paid together with the goods. They will be credited once the customer has returned them in good condition to our warehouses. Their value may never be deducted prior to their return.
The goods sold remain the property of AC Timber Trading until full payment of the price, principal and accessories. In the event of resale, AC Timber Trading may claim the amount corresponding to the value of the resold goods; the retention of title is transferred to the resale price. Once the goods have been delivered, the customer bears all risks, including force majeure and destruction, as well as the duty of care. Non‑payment of any amount due on the due date may result in the recovery of the goods.
Article 3: Delivery
Goods travel at the risk of the consignee, even when shipped carriage paid. In the event of damage, delay, or total or partial loss of the goods, the consignee shall exercise any recourse against the third‑party carrier, and may not invoke such facts to refuse, reduce or postpone payment.
Deliveries take place exclusively at accessible and trafficable locations. Any costs arising from delays or towing of AC Timber Trading’s vehicle due to the poor condition of the delivery site shall be borne by the customer.
Any non‑conformity must be reported by the customer by registered letter before processing the goods and no later than 48 hours after delivery. Any discrepancy in the number of pieces must be reported to the driver at the time of delivery. After this period, the delivery is deemed to be compliant. Such complaints do not suspend the customer’s payment obligation.
AC Timber Trading will make every effort to obtain the necessary timber for the customer’s order in due time. Delivery periods shall be extended by the duration of any delay in the supply of timber to AC Timber Trading.
- Except in the cases indicated below and in the event of force majeure, late deliveries entitle the customer to compensation of 0.3% of the value of the products delivered late, per week of delay, with a maximum total compensation of 3% of the value of the delayed products.
Article 4: Warranty and liability
Warranty for visible defects
The customer benefits from a warranty for visible defects provided that these are reported by registered letter before processing the goods and no later than 48 hours after delivery. After this period, the goods are deemed to have been inspected and accepted. Such complaints do not suspend the customer’s payment obligation.
Warranty for hidden defects
The customer benefits from a warranty for hidden defects under the following conditions:
- timely and full payment of the price; and
- notification by registered letter within 48 hours after the hidden defect was or should reasonably have been discovered.
The warranty for hidden defects applies only during the first six months following delivery.
If defects are established contradictorily, AC Timber Trading reserves the right to replace the goods within a reasonable period, without being liable for compensation.
AC Timber Trading is not liable for consequential damage of any kind. AC Timber Trading cannot be held liable for defects resulting from improper storage, conservation, processing and/or use of the timber by the customer or third parties.
Force majeure
In the event of temporary force majeure, AC Timber Trading’s obligations are suspended for the duration of the force majeure, without the customer being entitled to compensation. In the event of permanent force majeure, or temporary force majeure lasting more than three months, AC Timber Trading may terminate the contract immediately, without compensation.
Force majeure includes, without limitation: unforeseen depletion of stock, delays or failure of deliveries by suppliers, destruction of products due to accident, machine breakdown, strike or lock‑out, riot, war, epidemic or pandemic, flooding, high absenteeism, electronic, IT, internet or telecommunications failures, fuel shortages, or errors attributable to third parties.
Any substantial event that seriously hinders or complicates the performance of the agreement by AC Timber Trading shall give rise to renegotiation between the parties, without judicial intervention. If no new agreement is reached within a reasonable period, AC Timber Trading may unilaterally terminate or suspend the agreement, without compensation. Such unilateral termination or suspension shall be notified to the customer by simple letter.
Article 5: Return of delivered goods
As a rule, delivered goods are not taken back. If, in exceptional cases, a return is accepted, it shall take place at 80% of the invoiced value. The difference constitutes compensation for additional handling costs.
Article 6: Protection of personal data
AC Timber Trading is responsible for the processing of your personal data. The customer acknowledges having taken note of the privacy policy available at: https://www.actimbertrading.com/nl/privacy-policy/
For any questions regarding the processing of your personal data, you may contact:
- e‑mail: info@actimbertrading.com
- post: AC Timber Trading NV, Vasco da Gamalaan 1, 9042 Ghent
You may also object to the processing of your personal data or request its restriction via the same contact details.
Article 7: Applicable law and competent court
All legal actions relating to these invoices or contracts fall under the jurisdiction of the Enterprise Court of Ghent, Ghent division. However, AC Timber Trading may also bring proceedings before the court of the debtor’s domicile.