General Terms and Conditions of Sale / General Sales conditions
-
All deliveries are subject to the following general terms and conditions of sale, which the buyer expressly declares to know and accept. Any general terms and conditions of the purchaser and/or other deviating provisions are only enforceable against Olpas BV if they have been agreed in writing beforehand. In the event of any dispute regarding the interpretation, the Dutch text of these general terms and conditions of sale shall always prevail.
-
Olpas BV's offers are non-binding in terms of price, delivery time and delivery options and are valid for a period of 30 days unless otherwise indicated on the offer. All deliveries take place as soon as possible after the order confirmation, but it is not possible to maintain a fixed delivery period, nor to pay compensation for delayed deliveries. Nor can any interest for late deliveries be claimed from Olpas BV.
-
All prices are exclusive of VAT.
The goods are transported at the expense and risk of the purchaser (ExWorks), unless otherwise agreed in writing between Olpas BV and the purchaser. -
The buyer must check the goods on delivery.
In order to be valid, any complaint concerning the goods and visible defects must be submitted to Olpas BV by registered mail within eight days of its discovery. Otherwise, the goods shall be deemed to have been accepted.
Any invoice from Olpas BV against which no letter of protest has been submitted within 8 (eight) days shall also be deemed to have been accepted. Complaints after eight days will not be accepted.
Any hidden defects of the goods must be reported by registered mail within five days after their discovery.
If the complaint appears to be correct, Olpas BV will only be obliged to deliver replacement goods. -
All goods delivered by Olpas BV remain the property of Olpas BV until after full payment of the invoice and settlement of any current account that may have arisen from the purchase. The buyer is not entitled to pledge or otherwise encumber the goods.
-
Olpas BV requires pre-authorization for the return of any products. As authorization of return, Olpas will provide an RMA number after all proper documents have been received. Products not authorized for return shall not be handled. Returns must be shipped freight prepaid. All return shipping charges are buyers’ responsibility. All returns must be complete including all accessories, cables, clips, hoses, etc… Disposables must be returned in their packing (pouch with label). RMA number should be clearly written on the shipping label and the label placed on the shipping box. All unlabeled, mismarked or illegible marked products will be refused “as is”. A copy of the signed RMA request form should be packed with the returned goods. No returns are accepted without an RMA number, absolutely no exceptions.
-
All statements about the use and application of the goods are based on experience and careful research. However, Olpas BV cannot take any responsibility for the result or the application of its products.
The purchaser expressly releases Olpas BV from liability for all damage, with the exception of damage caused by a defect in the purchased goods already present at the start, which could be caused to anyone by the purchased goods, during storage, use or after their use and this without prejudice to the provisions of article 4. The buyer acknowledges that he himself is liable for this. Olpas BV shall under no circumstances be liable for any damage in connection with the incorrect use of the product, nor for any other damage which is not the direct and immediate consequence of an error by Olpas BV.
The purchaser also indemnifies Olpas BV against any claim by a third party.
Under no circumstances can Olpas BV’s liability extend beyond the invoiced value, excluding VAT. -
The purchaser, holder or user of the goods undertakes to use, store and handle the goods after their use in accordance with the instructions for use. By accepting or using the goods, the buyer acknowledges that he is aware of their proper use. The purchaser undertakes to inform the holder and the user about the operating instructions and guarantees the use of the goods in accordance with these operating instructions.
The purchaser, holder or user of the goods is prohibited from using them for purposes other than those explicitly and exhaustively listed in the instructions for use.
The purchaser, holder or user of the goods is prohibited from making changes to the goods without the express prior consent of Olpas BV. -
All invoices are payable directly to Olpas BV within 30 (thirty) days of the invoice date. The agents of Olpas BV are not authorized to collect the amounts invoiced, unless they bear a discharge signed by Olpas BV.
It is expressly agreed that all amounts that have not been paid thirty days after the invoice date shall be increased by operation of law and without further notice of default by an interest on late payment of 10% per annum, to be calculated from the invoice date. In addition, the outstanding invoice amount increased by 10% of the principal amount with a minimum of EUR 150 by way of compensation for damage suffered by Olpas BV will be subject, without any notice of default being required, to a breach of the principal obligation. All this to be increased by the extrajudicial collection costs incurred by Olpas BV. -
Olpas BV shall in the event of force majeure, such as operational disruption, strike, fire, illness of personnel, shortcomings on the part of suppliers, always have the right either to suspend its commitment for as long as the force majeure situation exists or, if the force majeure lasts for more than six months, to dissolve the agreement by operation of law, without Olpas BV being liable to pay compensation in either case.
-
All claims and disputes are settled before the Courts of the Antwerp jurisdiction, Turnhout department. Belgian law will apply in this respect.
Version v1.2 - Jan 2025 (last edit)