MIDWEST INVEST SA - QWALIS
Route de l’Etat 5/9, Bte 7 - "Cour du Moulin"
Phone : +32 2 354 24 21
E-mail : Info@qwalis.com
VAT – BE 0477 515 855
Fondateur & CEO : Jean-François BOGAERTS
GENERAL TERMS AND CONDITIONS OF SALE
1. Application of the general conditions of MIDWEST INVEST
In the absence of express stipulation or other special conditions, only the present general terms and conditions are applicable in the commercial relations between MIDWEST INVEST and the client.
The prices are stipulated taking into account a currency parity between the Euro and the US Dollar. Any fluctuation between these two currencies may result in a price adjustment upwards or downwards. Any change in customs regulations and customs duties, whether upwards or downwards, may be passed on to you without prior notice. All prices, unless otherwise agreed, are understood to be DDP (Delivered Duty Paid - net of customs duties) and not unloaded, e.g. our shops.
MIDWEST INVEST reserves the right to invoice the transport of the goods according to special conditions.
The customer must check, at the time of delivery and in the presence of the deliveryman, whether what is delivered to him is, in general, in conformity with his order, in terms of quantity, as well as its general state. Any defect, anomaly or failure in this respect must be immediately recorded on the CMR transport document. In addition, the customer is obliged to notify MIDWEST INVEST in writing (registered letter, fax or e-mail) within eight working days from the delivery of the goods of any defect or failure relating to the goods, including defects or failures relating to the conformity of the goods with the order form. The customer is furthermore obliged to keep the disputed goods until MIDWEST INVEST is able to ascertain, at its request, the condition of the goods and to assess the merits of the complaint. No complaint will be admissible if the above-mentioned time limit and forms are not respected, MIDWEST INVEST declines all responsibility in this case. In the event of a dispute persisting after a contradictory examination of the goods, the customer is obliged to return the goods to MIDWEST INVEST in their original condition and packaging. All the costs of returning the goods remain at the expense of the contracting party, unless expressly agreed otherwise.
4. Delivery time
MIDWEST INVEST will make every effort to deliver the goods within the period agreed with the customer.
Any delivery time is therefore only stipulated as an indication, unless expressly stipulated. However, MIDWEST INVEST declines all responsibility in all cases where the delay in delivery is attributable to the carrier, as well as in the case of events which delay the international transport of the goods and which are beyond the control of MIDWEST INVEST (war, strike, natural disaster, health situation...). It is furthermore stipulated that, taking into account the international transport of the goods, any delivery period defined in the order form is automatically subject to a tolerance of 10 working days, and delivery may therefore be made before or after the delivery period specified in the order form. Unless otherwise agreed, a late or early delivery may not therefore be invoked, under these conditions, in order to cancel a contract, cancel an order for goods or claim damages.
5. Special orders
Prior to any special manufacturing execution accepted by MIDWEST INVEST, the customer will, unless otherwise agreed, provide MIDWEST INVEST with a financial guarantee at MIDWEST INVEST's convenience. This guarantee is variable according to the type of order. As soon as the order is received by MIDWEST INVEST, it will be invoiced and delivered within 7 working days of its arrival in our shops.
5a) Special conditions :
In the event that the customer requests the postponement of delivery, MIDWEST INVEST reserves the right to charge the customer for storage and handling costs relating to this order. The fact that the client requests the postponement of delivery will in no way result in the postponement of the invoicing. The goods will be invoiced but stored in our warehouses at the customer's expense and risk.
No cancellation will be accepted by MIDWEST INVEST once the order has been placed and the contract has been signed by the customer. In the event that MIDWEST INVEST exceptionally accepts an order cancellation, all deposits and guarantees paid will remain the property of MIDWEST INVEST.
6. Credit insurance
MIDWEST INVEST reserves the right in all cases to withhold the delivery of goods if it appears that, on the foreseeable day for delivery, the sum of the unpaid invoices to be paid by the customer exceeds the ceiling of its credit insurance. MIDWEST INVEST cannot be held responsible for a delay in delivery if it is found that the value of the order to be delivered exceeds the credit insurance cover and/or the cover granted by MIDWEST INVEST. It is the responsibility of the customer to adapt his method of payment accordingly according to what is stipulated below.
Unless expressly stipulated or agreed otherwise (see article 8), all invoices of MIDWEST INVEST are payable in advance, in cash and without discount, by bank transfer or with a payment term. The terms of payment indicated on the invoice shall be the terms of payment that are valid. All payment vouchers are transferable. All costs generally related to the means of payment shall be borne by the customer.
8. Interest for late payment and penalty clause
In the absence of payment in cash or on the due date of the invoice that has been previously agreed, interest of 8% per annum will be due by right and without prior notice of default on any unpaid amount. In the case of bills of exchange, cheques or any other means of payment, all costs claimed by our banker following late payment thereof shall be fully re-invoiced to the customer. In addition, the amount of the unpaid invoice will be conventionally increased by 20% of the amount excluding VAT as a penalty clause, with a minimum of €250.
9. Retention of title clause
MIDWEST INVEST retains ownership of the goods until they have been paid for in full.
10. Additional order
The customer who wishes to add an order to an already scheduled delivery is obliged to confirm this additional order in writing. Subject to what is stipulated in art.4, it is specified that, if the goods are in stock, the usual delivery time is six working days for a delivery in France or Germany and eight working days for a delivery in Italy, Spain and Portugal. If the goods are not in stock, the delivery time will be as agreed when the additional order is placed.
11. Applicable law and jurisdiction
All services provided by MIDWEST INVEST, within the framework of these general conditions, are governed by Belgian law. Only the company court of Charleroi is exclusively competent to settle disputes relating to the execution or interpretation of its agreements and services.