FME Nothing but mushrooms

General Conditions of Sale and Delivery

1. The NV Fresh Mushroom Europe only recognise their own conditions of sale. Possible contradictory conditions of sale from the customer can only be considered if the NV Fresh Mushroom Europe explicitly confirm same. The tacit acceptance of the order form and/or the invoice also applies as acceptance of the general conditions of sales and delivery. The client is assumed to know these conditions and to accept same explicitly, jointly and without prejudice.

2. All the goods are sold, delivered and accepted in the offices of the NV Fresh Mushroom Europe or they are in any case supposed to have been so.

3. Under punishment of extinction complaints or objections must be filed by registered mail, fax or email within the 24 hours after delivery or acceptance of the goods. Once this time-span has elapsed, the NV Fresh Mushroom Europe are never under the obligation to consider the complaints or objections. The filing of a complaint can never grant the purchaser the possibility to delay the payment of a due amount.

4. Subject to the explicit different stipulation in writing, all invoices are payable at the address of the NV Fresh Mushroom Europe, in cash and without discount. In case of non-payment on the due date, by right and without prior notice, an interest will be due of 10% on yearly basis on the amount of the invoice or on the balance of same, counting from the due date until the date of full settlement. On top of this in case of non-payment or incomplete payment of the invoice, the amount or the balance will be automatically increased, and this without further notice, with 10%, but with a minimum of 100.00 euro as a irrevocable limp sum compensation because of default of payment or late payment. Collection costs are also to the account of the purchaser. Default of payment on the due date of one single invoice, makes the due balance of all other invoices, even these that are not expired, immediately collectible by right. In case the purchaser neglects to carry out his obligations, we can proceed to the nullification of the sale, undiminished the right to indemnification and interests.

5. The delivery terms given are not binding and are only approximately stated, without any engagement and only as information. Possible delays can never give rise to indemnification, nullification or annulment of the agreement.

6. The transport of the goods is always and in both ways carried out under the total risk and responsibility of the customer.

7. No annulments are accepted after the order has been placed.

8. It is explicitly agreed upon that the goods delivered, including the auxiliaries, remain the exclusive property of NV Fresh Mushroom Europe until the customer has paid in full the agreed price, possibly increased with the interests and the claims.

9. In case of force majeure we are entitled to cancel the agreement in full or partially for the undelivered part.

Under force majeure is understood, amongst other, fire, mobilisation, war or threat of war, martial law, obstruction of the traffic by land, sea or air, inundation, floating ice, and other suspension of the means of traffic, measures from the government, and this without bringing us under the obligation to prove the influence of the hindrance or of the delay.

Force majeure can also be called upon in case we order the goods to be delivered from a third party and this third party, for whatever reason, fails to deliver.

Force majeure is also a valid factor when the products delivered by us are in one way or another infected by germs of a disease, meaning that these products could endanger the Public Health, or whereby these products for the purchaser/buyer for esthetical or other reasons should become impossible to market.

10. For all disputes that, in whatever way, evolve from the present agreement or its execution, only the Courts of Antwerp are qualified, or these Courts at the discretion of the NV Fresh Mushroom Europe.

11. The issuing of a trade bond or any other arrangement does not bring about a renewal or a deviation on the stipulations of the present agreement.

12. In case the confidence of the NV Fresh Mushroom Europe in the creditworthiness of the purchaser is shaken by deeds of legal judgement taken against the purchaser and/or demonstrable other happenings, that put in question or make impossible the good execution of the agreements undertaken by the purchaser, the NV Fresh Mushroom Europe reserve the right to demand suitable guarantees from the purchaser. In case the purchaser refuses to agree to this, the NV Fresh Mushroom Europe reserve the right to annul the complete order or a part of same, even if the goods were already shipped in full of in part.

13. In case of dispute only the Dutch version of the agreement is valid.

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	General Conditions of Sale and Delivery 1. The NV Fresh Mushroom Europe only recognise their own conditions of sale. Possible contradictory conditions of sale from the customer can only be considered if the NV Fresh Mushroom Europe explicitly confirm same. The tacit acceptance of the order form and/or the invoice also applies as acceptance of the general conditions of sales and delivery. The client is assumed to know these conditions and to accept same explicitly, jointly and without prejudice. 2. All the goods are sold, delivered and accepted in the offices of the NV Fresh Mushroom Europe or they are in any case supposed to have been so. 3. Under punishment of extinction complaints or objections must be filed by registered mail, fax or email within the 24 hours after delivery or acceptance of the goods. Once this time-span has elapsed, the NV Fresh Mushroom Europe are never under the obligation to consider the complaints or objections. The filing of a complaint can never grant the purchaser the possibility to delay the payment of a due amount. 4. Subject to the explicit different stipulation in writing, all invoices are payable at the address of the NV Fresh Mushroom Europe, in cash and without discount. In case of non-payment on the due date, by right and without prior notice, an interest will be due of 10% on yearly basis on the amount of the invoice or on the balance of same, counting from the due date until the date of full settlement. On top of this in case of non-payment or incomplete payment of the invoice, the amount or the balance will be automatically increased, and this without further notice, with 10%, but with a minimum of 100.00 euro as a irrevocable limp sum compensation because of default of payment or late payment. Collection costs are also to the account of the purchaser. Default of payment on the due date of one single invoice, makes the due balance of all other invoices, even these that are not expired, immediately collectible by right. In case the purchaser neglects to carry out his obligations, we can proceed to the nullification of the sale, undiminished the right to indemnification and interests. 5. The delivery terms given are not binding and are only approximately stated, without any engagement and only as information. Possible delays can never give rise to indemnification, nullification or annulment of the agreement. 6. The transport of the goods is always and in both ways carried out under the total risk and responsibility of the customer. 7. No annulments are accepted after the order has been placed. 8. It is explicitly agreed upon that the goods delivered, including the auxiliaries, remain the exclusive property of NV Fresh Mushroom Europe until the customer has paid in full the agreed price, possibly increased with the interests and the claims. 9. In case of force majeure we are entitled to cancel the agreement in full or partially for the undelivered part. Under force majeure is understood, amongst other, fire, mobilisation, war or threat of war, martial law, obstruction of the traffic by land, sea or air, inundation, floating ice, and other suspension of the means of traffic, measures from the government, and this without bringing us under the obligation to prove the influence of the hindrance or of the delay. Force majeure can also be called upon in case we order the goods to be delivered from a third party and this third party, for whatever reason, fails to deliver. Force majeure is also a valid factor when the products delivered by us are in one way or another infected by germs of a disease, meaning that these products could endanger the Public Health, or whereby these products for the purchaser/buyer for esthetical or other reasons should become impossible to market. 10. For all disputes that, in whatever way, evolve from the present agreement or its execution, only the Courts of Antwerp are qualified, or these Courts at the discretion of the NV Fresh Mushroom Europe. 11. The issuing of a trade bond or any other arrangement does not bring about a renewal or a deviation on the stipulations of the present agreement. 12. In case the confidence of the NV Fresh Mushroom Europe in the creditworthiness of the purchaser is shaken by deeds of legal judgement taken against the purchaser and/or demonstrable other happenings, that put in question or make impossible the good execution of the agreements undertaken by the purchaser, the NV Fresh Mushroom Europe reserve the right to demand suitable guarantees from the purchaser. In case the purchaser refuses to agree to this, the NV Fresh Mushroom Europe reserve the right to annul the complete order or a part of same, even if the goods were already shipped in full of in part. 13. In case of dispute only the Dutch version of the agreement is valid.