General Terms and Conditions of Sale
1. Application of the General Terms and Conditions
1.1. Each sale and service provided by Gramitherm Europe NV, registered at Boulevard de l’Europe (AUV) 87, 5060 Sambreville (Belgium), under company registration number 0728.618.270 (“Gramitherm” or “we”), is subject to these general terms and conditions. These terms supersede any general purchase conditions. Any deviation from these terms requires our written confirmation.
1.2. These terms apply exclusively to professionals. Any customer placing an order acknowledges their professional status, can prove it, and, if a reseller, can pass on the necessary product usage information.
2. Contract Conclusion
2.1. The contract is only concluded once we confirm the order in writing.
2.2. Any obvious errors on our website, in our catalogs, offers, or order confirmations (e.g., typographical or calculation mistakes) are not binding. The contract is considered concluded as if the error did not exist.
3. Prices
3.1. Prices on Gramitherm’s website or in its catalogs can be modified at any time without prior notice.
3.2. Our products are sold at the price in effect on the order date, plus VAT at the applicable rate.
3.3. Prices are based on EXW, unless otherwise specified in the official rates or agreements of our company.
4. Payment Terms
4.1. Invoices are due on the invoice date unless otherwise agreed on the invoice or in the order confirmation, subject to payment guarantees or credit insurance coverage.
4.2. If there’s a deterioration in payment guarantees or insurance coverage (e.g., due to customer asset seizure), we may require payment before delivery or cancel the contract.
4.3. Non-payment on the due date renders the balance of all other invoices due immediately.
4.4. Any dispute over an invoice must be raised within ten days of receipt by registered letter to Gramitherm. Late payments incur an interest rate (12.5%, cf. table 2024), plus a fixed indemnity of 10%, with a minimum of EUR 100.
4.5. No deduction or offsetting may occur without Gramitherm's express consent.
5. Products
5.1. Products are described accurately and in good faith on the website and in documentation.
5.2. Product illustrations (photos, diagrams, drawings) are not binding. Gramitherm only guarantees a commitment of means regarding product accuracy and completeness and is not liable for obvious material or printing errors.
5.3. Quantity, surface, or weight variances up to 5% are tolerated.
5.4. Products remain available only while stocks last. In case of unavailability, the customer is informed within eight days by email and provided with an estimated shipping date.
5.5. The customer is solely responsible for product selection, storage, and usage.
5.6. Full ingredient lists are provided in safety data sheets available on request.
6. Shipping and Delivery
6.1. Shipping occurs at the customer’s risk.
6.2. Orders are delivered within an average of 30 days, with delivery times being indicative only.
6.3. Unaccepted or uncollected goods are stored at the customer’s expense and risk. If uncollected after one month, Gramitherm may cancel the sale without notice.
6.4. Liability ceases once goods are handed to the carrier.
6.5. EURO-pallets or returnable pallets will be invoiced to the customer if not returned.
7. Project Delay and Storage Costs
7.1. If delays caused by the customer prevent delivery within the agreed time, we reserve the right to charge storage fees calculated transparently by our logistics partner:
a. €3 for unloading;
b. €3 for loading;
c. €4 per month for on-site storage.
8. Retention of Ownership
8.1. In case of full or partial non-payment, we retain the right to repossess goods at the customer’s expense.
8.2. After delivery, the customer becomes the holder and custodian of the products.
8.3. In case of resale prior to full payment, the customer is deemed to have resold on behalf of Gramitherm.
8.4. In case of non-payment on the due date, Gramitherm reserves the right to dissolve the sale.
9. Warranty
9.1. The customer has a 6-month warranty for hidden defects, provided they notify Gramitherm by registered mail within seven days of discovery.
9.2. Gramitherm accepts no liability beyond the warranty.
9.3. Variations in color, surface, or dimensions are not considered hidden defects.
10. Place of Jurisdiction and Applicable Law
10.1. This agreement is governed by Belgian law.
10.2. Only the courts of Namur have jurisdiction in case of disputes.
11. Severability Clause
11.1. Should any clause of these terms be invalid, other clauses remain effective.
12. Privacy Protection
12.1. We process personal data as per our privacy policy on www.gramitherm.eu.
12.2. Data may be processed for promotional purposes unless you notify us otherwise.
13. Force Majeure
13.1. Gramitherm is released from contractual obligations in cases of force majeure.
13.2. The following events are contractually considered as cases of force majeure, resulting in the termination or suspension of Gramitherm's obligations without recourse from the customer: a natural disaster, an accident affecting the production or storage of products, war, uprising, fire, floods, adverse weather conditions, full or partial strikes (especially of transport means and services), accidents, machine breakdowns, inability to procure supplies, external natural events that delay, prevent, or make the execution of commitments economically prohibitive, and staff shortages.
13.3. Gramitherm will inform the customer in a timely manner if any of the aforementioned events or occurrences arise.