GENERAL SALES CONDITIONS
OF THE N.V. WATERS NV/SA
The Ultimate Building Berchemstadionstraat 72 - 2600 ANTWERP
ART.1. APPLICABILITY AND DEROGATIONS
  The present general sales conditions are valid for all orders submitted to us. The customer is deemed to accept these conditions by the simple fact of placing an order. Conditions stated on the buyer's documents cannot be held against us unless we have agreed to them explicitly and in writing.
ART.2. PRICES
 
  • Orders are only binding after we have accepted them in writing. Current prices are based on the going rates on the day the order was registered. Unless agreed otherwise, these prices may be modified without notification.
  • Orders for a total amount (exclusive of VAT) equal or less than € 1.000 will be increased by an amount of € 20 to cover handling and administration costs, for orders above EUR 1.000 the handling and administration costs are free of charges.
  • Should we decide to execute a delivery in different stages, the total amount of the delivery will be taken into account for the application of the above-mentioned condition
ART.3. TERMS
  Stated delivery times are provided for the information of the customer only and do not constitute an obligation on our part. Late deliveries do not entitle the customer to cancel the agreement or to submit a claim for damages.

ART.4. COMPLAINTS
 
  • We will only accept the return of the unopened package subject to prior approval within ten days after receipt by the buyer.
  • Complaints regarding non-conformity of the delivery or externally visible defects will only be considered if they are submitted to us by registered mail within one week after receipt and/or utilisation of the goods by the customer. After this time the customer is supposed to have accepted and approved the delivery.
  • Complaints concerning hidden defects will only be taken into consideration if they are submitted to us by registered mail within thirty days of receipt and/or utilisation of the goods. After this time the customer will not be entitled to appeal to any hidden defects, subject to our explicit and written terms and conditions. The warranty period commences on the day of delivery and/or utilisation of the goods.
  • If we acknowledge validity of a complaint, we are only under the obligation to replace the faulty goods or to repair any defects free of charge, without being obliged to pay any kind of indemnification.
ART.5. PAYMENTS
 
  • Unless otherwise agreed, our invoices are payable net, without any discount, in Brussels within 30 days after the invoice date.
  • If the delivery is executed in two or more stages, each part of the delivery will be invoiced separately. The buyer is not allowed to defer payment after submitting a complaint - whether this be valid or not - concerning the invoiced goods or any other goods.
ART.6. TRANSPORT
 
  • The goods are shipped at the addressee's risk; the addressee can only seek redress from the third party transporter, even in case of a free shipment.
  • Special requirements made by the buyer in connection with transportation will always be subject to an extra charge.
ART.7. TRANSFER OF OWNERSHIP
  The sold goods will become the buyer's property only after full payment of the amount due.

ART.8. STUDIES AND DESIGNS
  All and any documents provided or transmitted by us in connection with studies, analyses, etc. will remain our property and will have to be returned at our request. We retain the intellectual property rights of these designs, which should not be communicated to any third party and which may not be executed without our explicit and written agreement.
ART.9. JURISDICTION
  The present agreement is subject to the Belgian legislation and to Brussels trade practices to the extent that these conditions do not derogate from these. Any litigation which may arise hereunder will be settled by the Brussels courts.

ART.10. FORCE MAJEURE
  Waters will not be liable for any shortcomings or delays in the execution or in the delivery of whatever goods which are manufactured and sold by Waters, including equipment, stocks, components, systems, chemical products, accessories, spare parts, or of whatever services provided by Waters, if these shortcomings or delays are the consequence of circumstances over which Waters does not reasonably have power, including but not limited to cases of force majeure, natural disasters, flood, fire, explosions, war or military mobilization, measures taken by the US authorities or the lack of such measures, requests made under the authority of such authorities, transportation delays of whatever nature or the impossibility of receiving goods or equipment, measures taken by other authorities, strike or labour disruption.