Terms and conditions of sale


By convention, the company issuing the invoice or contract is referred to as the SELLER; the company or person purchasing the goods or services is referred to as the BUYER. Any order accepted by the SELLER will be subject to the conditions of sale described below insofar as they are not in contradiction with the stipulations contained in a written contract between the buyer and the seller. In the absence of express acceptance by the buyer, any condition to the contrary will be unenforceable against the seller, regardless of when it may have been brought to the seller’s attention. The fact that the seller does not at a given moment invoke one of the present general conditions of sale cannot be interpreted as a waiver of the right to invoke one of the said conditions at a later date.


Representatives do not have the power to bind the SELLER; acceptance of orders results from their preparation by the SELLER. Where the BUYER unilaterally cancels or terminates an order, the SELLER reserves the right either to perform the contract or to apply a penalty equal to 30% of the order.


Each delivery will be considered as a separate contract between the seller and the buyer. Deliveries are only made according to availability in the order in which orders are received. The seller is authorized to make deliveries in whole or in part. Partial deliveries must be accepted by the purchaser and do not constitute grounds for cancellation of the order. In any case, delivery can only take place if the buyer is up to date with his obligations towards the seller, whatever the cause. The seller is not obliged to make deliveries if he has serious grounds for believing that the buyer will not fulfil his obligations. The seller cannot be held responsible for any delay in delivery, nor can it be held liable for damages or withholding or cancellation of orders in progress. The seller assumes no responsibility for unforeseen delays. If no indication is given at the time of order, the goods are deemed to be sold ex works/ex warehouse. For FRANCO Carrier sales, the buyer will provide the seller with a suitable and adequately equipped vehicle to receive the goods to be loaded. If the goods are sold on a carriage-paid basis, the buyer has a maximum of 2 hours in which to unload the vehicle, at the seller’s expense. The buyer will compensate the seller for any delay in unloading.


Any return of goods must be the subject of a formal agreement between the seller and the buyer. Any product returned without this agreement will be held at the buyer’s disposal and will not give rise to a credit note. Return costs and risks are always borne by the purchaser.


Receipt by the buyer of any packaged goods constitutes unconditional acceptance and a waiver by the buyer of any other claim unless the buyer has notified his complaint with a copy of the delivery note by registered letter to the seller within 8 calendar days. The seller’s speculations and methods of analysis will prevail until proven otherwise. No claim of any kind whatsoever may exceed the amount invoiced to the purchaser for the goods in question. The seller reserves the right to replace any defective goods.


Liability for hidden defects in goods sold by the seller is limited to three months and to the replacement of returned goods without any compensation for any direct or indirect damage. All products delivered by the seller comply with the legislation in force at the time of delivery. The seller is in no way responsible for products remaining in stock at the buyer’s which no longer meet legal standards.


When a reference belonging to the buyer’s private range is abandoned by the buyer, the balance of the stock (finished products, bottles, labels, cartons, etc.) in the seller’s possession will be invoiced in full and sold to the buyer.


Chembo Bevil SA collects, processes and uses personal data (e.g. name, e-mail address, contract dates) that the end customer communicates within the framework of the Chembo Bevil SA Contract, to fulfil its respective performance obligations and to compile statistics. Data will only be passed on to third parties (e.g. technical service providers) if this is necessary for the fulfilment of contractual obligations, or if otherwise permitted or required by law, or if the customer has given his or her consent. Personal data may only be collected or used for advertising purposes if this is permitted by law or if the end customer has given his or her consent. In this respect, the customer declares: Yes, I would like to receive regular offers and information on new products from Chembo Bevil SA by any means of communication (e.g. telephone, e-mail and fax). The end customer hereby agrees to the collection, processing, use and, in particular, the permanent storage of his/her personal data (e.g. name, e-mail address) by Chembo Bevil SA and by third parties commissioned by Chembo Bevil SA for this purpose (e.g. technical service providers, retailers, agencies) in order to be informed of current offers and news relating to Chembo Bevil SA dispensers and consumables by any means of communication (e.g. by telephone, e-mail or fax). We draw the customer’s attention to the fact that he may revoke his consent to Chembo Bevil SA at any time by mail or en1ail to Bevil@bechems.eu.


Any duties, taxes or levies whatsoever established or to be established by the Belgian authorities, those of an importing country or a transit country, or by any other authority, shall be borne by the purchaser insofar as they apply to the sale.


Invoices are always payable in cash at the seller’s head office, unless otherwise stipulated on the front of the invoice. Failure to pay an invoice by the due date shall result in the forfeiture of the term granted for all deliveries already made and shall render all invoices immediately due and payable. In addition, it gives the seller the right to suspend or terminate current contracts for supplies still to be performed without any formality. If payment has not been made by the agreed date, the purchaser shall owe the seller default interest at the rate of 14% per annum. Such interest shall accrue from the due date until the date of payment in full of the sums due. In addition, in order to compensate for the additional prejudice, administrative costs and other expenses resulting from non-payment on the due date, a fixed indemnity equal to 10% of the amount of unpaid invoices with a minimum of 125 euros will be due in the event that the purchaser remains in default of payment 20 working days after the request for payment by simple letter.


The seller is entitled to terminate the order or contract at any time, automatically and without notice, in the following cases:
– gross negligence on the part of the buyer
– Bankruptcy, composition, seizure, judicial settlement or any other event of a similar or related nature. Should the buyer’s situation deteriorate during the term of the contract, the seller may require the buyer to pay immediately or to provide the seller with a satisfactory guarantee. Following this request, the seller may suspend deliveries until payment has been made or the guarantee given.


11.1 Nothing in these general terms and conditions of sale shall be construed as granting the purchaser the right to use any trademarks belonging to the seller or to companies in the seller’s group on the goods supplied.
11.2 Where the goods have been manufactured by the Seller on the basis of specifications supplied by the Buyer, the Buyer shall immediately indemnify the Seller against any costs or expenses incurred by the Seller as a result of any infringement or alleged infringement due to the existence of patents, designs and trademarks or other rights belonging to third parties relating to the manufactured goods.
11.3 Where goods have been manufactured by the seller on the basis of technical specifications supplied by the purchaser, the latter shall also be responsible for compliance with legal labelling standards.


12.1 The goods covered by the present contract are sold with a clause expressly subordinating the transfer of ownership to full payment of the price in principal and accessories.
12.2 The above provisions do not preclude the transfer to the purchaser, upon delivery of the goods, of the risks of loss or deterioration of all the objects forming the object of the sale, as well as any damage which they may cause directly or indirectly.
12.3 Until the price has been paid in full, the purchaser must separate the goods delivered under this contract and not mix them with other goods of the same nature from other suppliers.
12.4 The purchaser is entitled to resell the contractual goods in the normal course of business. However, in the event of resale, he undertakes to inform sub-purchasers that the said goods are subject to a retention of title.
12.5 Any dispute arising from the provisions concerning retention of title will be judged by the competent courts of the country to which the goods have been delivered and in such case the law of that country will be applicable.


The seller will not be held responsible for any failure or delay in the performance of its obligations mentioned above if they are caused by strike, fire, explosion, riot, war, invasion, breakdown of machinery or equipment, inability to obtain materials or energy, failure of a supplier or subcontractor, and by any other similar cause beyond the seller’s control for the duration of the force majeure.


Any dispute between the parties will be submitted to the Brussels courts, depending on the value of the dispute, the Justice of the Peace in Brussels or the Court of First Instance in Brussels. The dispute will be arbitrated by the Company Court in Brussels, insofar as the dispute concerns two merchants and the value makes this court competent.