Terms of Sales

 CONTROL APPLICATIONS

Any order placed with us implies the unreserved adherence to our General Terms and Conditions of Sale (GTC) which prevail over any document or purchase conditions emanating from the buyer unless they have been expressly accepted in writing by our company.

Our prices and General Terms of Sales are applicable to products delivered and invoiced in the European territory. We reserve the right to change this Agreement at any time without notice.

Orders placed with our sales department are subject to our acceptance (in particular the fulfilment of the minimum order threshold) and orders become final only by this acceptance.

BILLING

The prices charged are based on the tariff in force on the day of shipment. Discounts and rebates must be subject to prior agreement from us and are calculated only on invoices paid at the due date.

Their payment by our company is subject to the condition that the customer has met the deadlines of all invoices before the date of payment of these discounts.

Our reseller customers are solely responsible for setting and advertising their prices.

DELIVERY

V.O. free delivery in Belgium from any order of €350 excluding VAT. Below this amount, a logistics package of €40 is added to the invoice. Outside of Belgium, delivery costs are added.

VO shall take care to deliver accepted orders as soon as possible. The delivery times indicated are for information purposes only. Our goods travel at the buyer’s risk.

It is the customer’s responsibility, in case of apparent damage or missing due to transport, to issue any reservation and claim on the delivery receipt and confirm this to the carrier within 3 working days following delivery by registered letter with acknowledgement of receipt. A copy will be immediately sent by the customer to VO.

Any penalty clause for late payment that would be included by the customer, in the order or any other document, remains ineffective by application of Article 1 hereof.

RETURN OF PRODUCTS

V.O accepts to take delivery only returns previously agreed and confirmed in writing by him. All returned products, for any reason, travel at the risk of the shipper and must be returned with postage paid.

No return can be accepted as long as the products have undergone any processing, transformation or modification.

PAYMENT TERMS

Unless otherwise agreed in writing, invoices are payable within 15 days from the date of invoice to VO’s offices. Cash payment does not give rise to a discount. The choice of payment terms is solely up to V.O.

Any disagreement on the part of the client must be the subject of a written complaint. Disputes that are recognized as being well-founded by VO will be settled within 30 days.

Automatic deductions due to litigation on the settlement of our invoices are not accepted by VO and will be automatically charged on the payment of deferred discounts or specific services provided by the customer.

Payment is constituted by the actual collection of the sums due by VO. The payment periods granted begin on the invoice date. In the case of a rectification invoice, the origin of the payment deadline remains the date of the original invoice.

If the Client fails to pay on time, he will be liable for a late payment penalty calculated by applying the full amount of the outstanding amounts of the ECB’s key interest rate for the six months running at the invoice date, plus 10 points, in addition to a lump-sum recovery fee of €40 and any other costs incurred as a result of the delay.

In the case of payment by instalments and accepted bills of exchange, the non-payment of an effect at its maturity causes the immediate due date of the balance of the invoice.

In the event of non-payment, even partial, of only one of the agreed deadlines for any of our deliveries, all sums due in any way whatsoever will become immediately payable.

In case of payment delay of more than 10 days, VO reserves the right to suspend the next delivery until the actual payment of the late amounts, without the customer being able to turn against VO for non-delivery.

RETENTION OF TITLE

V.O. reserves the ownership of the products until full payment of the entire price and its accessories. Any contrary clause is deemed to be unwritten.

In the event of loss or total or partial destruction of products before full payment, insurance compensation shall be paid directly to VO up to the amount of the remaining amounts due to it.

In the event of bankruptcy or judicial reorganization proceedings, orders in progress will be automatically cancelled without notice if the goods are not yet delivered.

Until their full settlement, our products are under the custody of their purchaser who must bear the risks they may incur or cause them for any reason whatsoever, even in cases of force majeure, unforeseeable circumstances or the act of a third party.

In the event of total or partial non-payment of the price and its accessories at the due date, for any reason whatsoever, VO may demand, by right and without formality, the return of the products in perfect condition, at the expense and risk of the customer.

The customer will ensure that product identification is always possible. Products in stock at the customer’s stores and warehouses will be deemed to be unpaid invoices.

TERMINATION CLAUSE

Any total or partial non-performance by the client of one of its obligations, any change in the situation of the client, incapacity, modification, dissolution, transfer, reversion to pledge or contribution to the company of all or part of its business or its equipment by the customer, risk of VO claims for any reason whatsoever and/ or non-compliance with any payment deadline may result, if it seems to VO, on the one hand the lapse of the term and the immediate due amount still due in any way whatsoever, as well as the suspension of all deliveries, and on the other hand, the resolution of orders in progress. 

PACKAGING

The packaging bearing the VO mark may only be used for its products and may not under any circumstances be used for other products.

MAJOR FORCE

We reserve the right to suspend or terminate all or part of the agreements concluded, without compensation or other recourse, in case of force majeure such as flooding, strike, lockout, lack of raw material in our factories or industries on which we depend.

WARRANTY AND LIABILITY

The recommendations and practical advice that VO may give to the customer regarding its products are only indicative and can in no case lead to any liability for VO.

They do not relieve the customer from the need to check whether the products ordered are suitable for the purposes intended.

Our food safety recommendations do not exempt the customer from determining the appropriate safety measures for the conditions of use and complying with the legislation applicable to all areas of food safety.

The liability of VO towards the customer may in no case exceed the price of the products concerned determined by reference to the net price invoiced to the customer for said products.

JURISDICTION

All disputes, whatever their nature, will be submitted to the Brussels Commercial Court to which jurisdiction is expressly assigned and this even in the case of multiple defendants or appeals in guarantee.