1. The parties agree that all commercial relations between the purchaser and seller are governed by these general terms and conditions. These general terms and conditions form an integral part of the agreement, to the exclusion of the purchaser’s own terms and conditions. Deviations from these general terms and conditions are only permitted in writing.

  2. Invoices are payable without discount on the date of invoice, unless otherwise agreed and/or payment by direct debit.
    A. Consumers: If invoices are not paid on time, you will receive a first free reminder. If you fail to pay a second time within the payment term stated on the first reminder, you will be charged late payment interest as stipulated in the Belgian Act of 2 August 2002 on combating late payments in commercial transactions, as well as a fixed fee as follows.

    1. 20 Euros if the balance due is less than or equal to 150 Euros;

    2. 30 Euros plus 10 per cent of the amount due on the amount between 150.01 and 500 Euros if the balance due is between 150.01 and 500 Euros;

    3. 65 Euros plus 5 per cent of the amount due on the amount above 500 Euros to a maximum of 2000 Euros if the balance due is more than 500 Euros.

    The reminder costs for each additional reminder amount to 7.50 Euros plus the postage costs applicable at the time of sending.
    B. Enterprises: All amounts due that have not been paid by the due date will bear interest of 1 per cent per month by operation of law (“ipso jure”) and without notice of default. In addition, in the event of non-payment, a sum in the amount of 12 per cent of the invoice amount or the outstanding balance, to a minimum of 50 Euros and a maximum of 2,000 Euros, will be due by operation of law (“ipso jure”) without notice of default as lump-sum compensation for damages. The seller retains the right to offset any claim it may have from the purchaser, whether or not due and payable or subject to conditions, against any counterclaims from the purchaser, whether or not due and payable. Finally, the seller reserves the right to recover all additional incurred collection costs from the purchaser without notice of default.

  3. In the event of non-payment, whether in whole or in part, of an invoice on the due date, the seller is entitled to immediately suspend the contract and all services and deliveries of products. In that case, all other invoices to the purchaser will also become immediately due and payable.

  4. In the event of bankruptcy, application in accordance with the Belgian Continuity of Enterprises Act, apparent inability or force majeure, the seller reserves the right to unilaterally terminate the agreement without prior notice of default.

  5. Retention of ownership. Delivered goods remain the property of the seller for as long as any outstanding amounts are owed to the purchaser. The purchaser bears the risks from the point of delivery. Advance payments remain with the seller to cover any potential losses upon resale.

  6. The courts in the district of East Flanders , or if applicable , the Court of First Instance of East Flanders, Dendermonde division, or the Entreprise Court of Ghent, Dendermonde division, are exclusively​authorised to take cognisance of each dispute between​the parties and of each problem by payment. Belgian law applies.

  7. The purchaser is obligated to notify the seller of each problem that could occur during or after delivery, and at the latest at the point of ordering. In the absence of the above, the seller shall not be held liable. The purchaser shall bear the risks and dangers directly or indirectly associated with the sale, delivery or use of the goods. Any problem relating to sale, delivery or use must be reported to the seller by registered post with confirmation of receipt no later than on the first working day after delivery. In the absence of remarks or objections within this period, the purchaser is deemed to have accepted the products. The purchaser guarantees to the seller, and therefore bears sole responsibility, that the storage tank and associated parts have been manufactured and installed in accordance with the applicable engineering rules and in full compliance with the environmental regulations applicable in the region to the storage of liquid fuels. The purchaser assumes full responsibility for the capacity of his/her/its storage tank. Under no circumstances can the seller be held liable for overfilling as a result of excess delivery. Any overfilling or leak that occurs during or after delivery will not be reimbursed. If the exemption for error, gross negligence or intent is deemed null and void and without consequence, the purchaser accepts that it is limited to the invoice value of the delivered goods, to exclude all other costs, fees and/or compensation for damages. Any relocation, even if delivery does not take place for any reason, will be invoiced to the purchaser. The delivery times accepted by the seller are indicative only. No compensation for damages or termination of the agreement can be claimed due to late delivery, nor is this a reason for not respecting the payment terms.

  8. The potential invalidity of one or more clauses of the aforementioned invoice conditions does not affect the validity of any other clause.

  9. In the context of the performance of this agreement, the seller will act as data controller for the processing of your personal data. You can view our full privacy policy at: http://www.gabriels.be/privacy or obtain a copy upon written request.

  10. Any use that gives rise to an additional amount of excise duty obligates you to effect spontaneous payment at an excise office.