General terms and conditions of sale

The NV HUCK, Atlasstraat 2, 8680 Koekelare with VAT number 0439.009.825 is referred to below under the name Huck. The buyer, whether a private person, a legal entity or a government institution is referred to as Buyer.

Buyer is deemed to be familiar with and to approve Huck's General Terms and Conditions of Sale. These are stated or invoked on all Huck quotes, delivery confirmations, transport notes, invoices. Buyer's General Terms and Conditions of Sale can only be opposed to Huck if they have been expressly accepted by both parties in a separate written agreement.

Price quotes are always without obligation and are made without commitment. All prices are in euros, excl. 21% VAT and transport. Orders over €750 are delivered free of charge in Belgium. First orders are always payable against cash on delivery or prepayment.

Delivery times stated are always indicative, unless explicitly stated by Huck. Partial deliveries are permitted to ship larger orders and spread the workload in Huck's workshops.

Each sale must be confirmed in writing by Huck to be valid. The obligation to execute orders will immediately lapse in the event that the financial or legal situation of the Buyer changes or if delays in payment are noted. These delays give Huck the right to temporarily suspend or definitively cancel orders that have not yet been executed. This includes but is not limited to death or incapacity of a natural person, dissolution or change of status of a Legal Entity, uncertain solvency, composition or bankruptcy.

Any cancellation by the Buyer of a confirmed order must be made in writing. It is only valid if accepted in writing by Huck. In the event of cancellation, the Buyer is liable for a fixed compensation of 50% of the order price. This compensation covers fixed and variable discounts and possible loss of profit. Nevertheless, Huck reserves the right to prove and recover the actual damage suffered by it from the Buyer.

The goods sold are transported at the expense and risk of the Buyer, even if carriage paid. Only written complaints within 48 hours of delivery will be accepted. Huck cannot be held responsible for damage resulting from transport. When damage is discovered, the Buyer is requested to report this immediately to the driver. Non-visible damage must be reported to Huck by the Buyer within 8 calendar days of invoicing. Huck's liability is limited to the repair or replacement of potentially defective goods, provided that the defect is acknowledged by Huck and the goods are returned within three weeks, starting from the date of dispatch. This guarantee does not cover the consequences of normal wear and tear or unusual wear and tear, insufficient maintenance or incorrect operation. Goods can only be returned after prior written permission from Huck. Submitting a complaint does not release the Buyer from his payment obligation. No complaint will be accepted if the goods have undergone further treatment at the customer's premises. The goods in question must be submitted in Koekelare to the experts of the two parties, who, in the event of disagreement, will propose a third expert with decision-making power.

For orders delivered as a result of purchase on site at Huck, as well as for purchases made remotely (webshop Huck.be), the Buyer has the right to invoke the statutory withdrawal period of 14 calendar days, provided that the Buyer demonstrates that Huck has not produced the goods in accordance with the order confirmation. Because Huck mostly delivers custom work, this is strictly applied. If the delivered goods do correspond to the order confirmation, the right of withdrawal lapses. The period commences upon collection or dispatch of the goods. The Buyer can be held liable for the depreciation of the goods that is the result of handling the goods that goes beyond what was necessary to determine the characteristics. The Buyer pays the costs for returning the goods, unless Huck has agreed to take them over.

Invoices are sent by e-mail. The buyer is responsible for not receiving an invoice if this is the result of a spam filter, full mailbox or change of e-mail address. An e-mail invoice has the date of receipt on the day of sending. Any change of e-mail address must be reported in writing by the buyer. Invoices are payable in Koekelare. The payment term is the one stated on the relevant quote, delivery note or invoice. The amount is net, without discount or deduction. An invoice that is not disputed within 8 calendar days is definitively accepted. Invoices are e-mailed by Huck on the day of departure or ready for collection of the goods from the warehouse in Koekelare.

In case of non-payment on the due date, Buyer will be reminded by e-mail to proceed with payment without delay. 10 calendar days after this first e-mail, Huck will inform in a second e-mail that the unpaid amount will be increased by a penalty clause to cover administrative costs incurred, debtor monitoring, loss of funds, etc. of 12% on the unpaid invoice amount up to €5,000, with a minimum of €100. 10% on the unpaid invoice amount from €5,000 to €15,000, 6% on the amount above €15,000, however without the penalty clause exceeding an amount of €7,000. In addition, a default interest of 1% per month is due from the agreed payment term.

The increases are due by operation of law, without any notice being required and remain due even if the buyer makes a late payment of the principal amount due, in full or in part. Failure to pay a single invoice on the due date makes the balance due on all other invoices, even those not yet due, immediately and by operation of law payable. Huck can also terminate any outstanding delivery or sale by operation of law and without notice of default, after having informed the buyer of this in writing. In the event of a dispute, only the Court of First Instance in Bruges, the Commercial Court of the district of Bruges, Bruges division or the Justice of the Peace of the registered office of Huck are competent.

An invoice that is not disputed within 8 days is definitively accepted. The buyer is deemed to know and approve these general terms and conditions of sale, which alone will be considered valid, even if they contradict his general and specific terms and conditions of purchase. These can only bind Huck if a written agreement has been reached in this regard.

New prices and/or technical data automatically replace all previously stated data. Huck catalogues and price lists are for information purposes only and are not binding. Huck reserves the right to make changes during the term of the catalogues or price lists without Huck being able to be held against this.

Printing of Huck brochures, in whatever form, text or photos, in whole or in part, is only permitted after written approval. This permission is also limited to 2 years after written confirmation. Each extension of another 2 years must be requested by the user and confirmed by Huck each time. Goods remain the property of the seller, as long as the buyer has not paid the purchase price in full and even if the goods have been processed. Once the goods have been delivered, the buyer bears all risks of loss and destruction.