GENERAL TERMS AND CONDITIONS OF SALE

1. GENERALITIES

1.1. The general terms and conditions of sale apply exclusively to all sales concluded by BLUE GOLD. Any other conditions, including the general and special purchasing conditions of our customers, only bind BLUE GOLD after written confirmation from BLUE GOLD.

1.2. The information provided by BLUE GOLD via its website, price lists, notes, etc. is communicated for information purposes only and may be modified by BLUE GOLD without notice.

1.3. These general conditions may be modified at any time, with the modifications applying to any subsequent orders.

1.4. Simply placing an order or accepting an offer from BLUE GOLD constitutes unconditional acceptance of these general terms and conditions of sale.

2. ORDERS

2.1. As a professional, the customer communicates their needs to BLUE GOLD by providing the necessary information for the proper execution of the order: reference, designation, billing and delivery addresses. All data provided by the customer is assumed to be accurate by BLUE GOLD.

2.2. Order confirmations sent by BLUE GOLD must be verified by the customer. In case of an error, it is the customer's responsibility to contact BLUE GOLD within 2 hours of the issuance of the order confirmation.

2.3. Products stocked by BLUE GOLD are offered until stocks are exhausted. Products not stocked and mentioned in BLUE GOLD's offers are offered subject to availability from our suppliers.

2.4. Orders may be sent by mail, fax, or email. Any modification of an order already confirmed by BLUE GOLD must be approved by BLUE GOLD.

2.5. BLUE GOLD reserves the right to refuse or cancel any order from a customer with whom there is: - a dispute related to the payment of a previous order; - a dispute related to the breach of the confidentiality agreement provided in these general conditions; - a dispute related to the non-compliance by the customer with the payment conditions provided when placing the order; - a dispute related to the non-compliance by the customer with any other provision stipulated in these general conditions.

2.6. Offers communicated by BLUE GOLD are valid for 1 month from the date of issuance.

2.7. Orders placed with BLUE GOLD are based on the designation of the product and/or the characteristics of the ordered reference. Depending on the items ordered and the country of importation, the delivered references may vary. The receipt of an item equivalent to the ordered item but with a different reference cannot justify the cancellation of the sale or the payment of invoices.

3. PRICES AND BILLING

3.1. The prices listed on invoices issued by BLUE GOLD are always those in effect at the time of order confirmation, unless otherwise expressly agreed. They may be revised at any time and without prior notice. Products subject to the fluctuation of raw material prices will be indexed to the rate on the day of the order.

3.2. The prices communicated by BLUE GOLD are ex-works or ex-warehouse in Belgium, packaging, shipping, taxes, and fees extra.

3.3. The minimum billing value is €300 net, and a supplement up to €50 will be charged for any order below this amount. This provision also applies in the case of pickup at BLUE GOLD's headquarters.

4. RETENTION OF TITLE

4.1. Goods or equipment remain the property of BLUE GOLD until full payment of the price.

4.2. The buyer is responsible for any damage caused to goods that are still the property of BLUE GOLD under the aforementioned provision.

5. TIMEFRAMES

5.1. Delivery and execution times provided by BLUE GOLD are indicative only. Failure to observe the deadline stipulated in the offer and/or in the order confirmation cannot give rise to cancellation or a claim for damages.

6. DELIVERY AND TRANSPORT

6.1. Goods sold by BLUE GOLD are always, unless otherwise agreed, approved at its warehouses or workshops before shipment or pickup. Any reception costs by organizations external to BLUE GOLD are the responsibility of the customer.

6.2. Goods travel at the risk of the customer or the recipient, even in the case of special conditions such as "free delivery," "FOB," "CIF," and transport and/or assembly by BLUE GOLD.

6.3. If shipment or pickup is delayed due to a cause beyond BLUE GOLD's control, the goods will be stored at the buyer's expense and risk if necessary.

6.4. Unless otherwise agreed, BLUE GOLD independently chooses the carrier.

6.5. It is the customer's responsibility to verify the condition of the packages and their contents upon delivery. In case of damage, the reservations must be detailed to the carrier on the delivery note in their presence. A written claim must be sent to BLUE GOLD within 24 hours of delivery with detailed reservations. If applicable, delivered goods will be considered accepted without reservation.

7. PAYMENT TERMS

7.1. Unless otherwise agreed, invoices issued by BLUE GOLD are payable on the due date, i.e., thirty days from the invoice date, and this within the framework of a credit line.

7.2. If payment is not made by the due date, the amount due automatically accrues interest at a rate of 1.5% per month from the invoice due date.

7.3. In the event of non-payment by the due date and after formal notice, a fixed indemnity of 15% of the amounts due with a minimum of €100 will be payable as liquidated damages.

7.4. Bills of exchange do not constitute either a waiver or a novation.

7.5. In case of non-payment of an invoice by the due date, the customer will only receive goods from BLUE GOLD on a cash-on-delivery basis without discount.

8. WARRANTIES, RETURNS, AND AFTER-SALES SERVICE

8.1. Absence of manufacturer’s warranty transfer
By derogation from Article 1615 of the Civil Code, the manufacturer's warranty is excluded from the legal accessories of the sold products.
Consequently, the manufacturer's warranty is not transferred to the customer by BLUE GOLD during the sale.

8.2. Coverage of the warranty offered by BLUE GOLD
The warranty offered by BLUE GOLD consists of free repair within BLUE GOLD’s workshops or a replacement of products sold by BLUE GOLD and recognized as defective by BLUE GOLD.
The warranty does not cover the transportation costs of the equipment nor the labor and travel expenses of BLUE GOLD personnel or any subcontractors for the verification or repair of the equipment.
The warranty only applies in cases of normal commissioning and use of the sold products. It cannot be applied to items that show damage due to improper following of assembly instructions or if the installation was carried out by a person without the required technical qualifications.
Similarly, the warranty cannot be invoked if the sold product has been disassembled or modified without BLUE GOLD's written consent or used in a manner not intended for it.
In no event shall BLUE GOLD be held responsible for injuries or any direct or indirect damage resulting from improper implementation or use of the devices.

8.3. Duration of the warranty offered by BLUE GOLD
The warranty period is 18 months from the date of delivery of the products.

8.4. Warranty claim procedures Warranty claims must be submitted in writing to BLUE GOLD. They must necessarily include the following elements: customer contact details, designation of the defective products concerned, description of the defect, and the invoice number corresponding to the concerned products.
No later than 8 days after receiving authorization from BLUE GOLD, the customer shall return the product they consider defective to BLUE GOLD.
The warranty cannot be implemented without BLUE GOLD's written consent regarding the actual defectiveness of the returned product.

9. STANDARDS, AUTHENTICITY, CONFIDENTIALITY

9.1. All products sold by BLUE GOLD comply with European and international standards.

9.2. BLUE GOLD is committed to delivering authentic products to its customers, purchased in good faith from trusted partners.

9.3. The documents provided to the customer by BLUE GOLD (price lists, technical documents, certificates of conformity, test reports, emails, letters, sales documents, etc.) may not be disclosed to third parties without the prior written consent of BLUE GOLD.

9.4. Unless prior written consent is obtained from BLUE GOLD, the customer shall maintain strict confidentiality in its commercial operations with BLUE GOLD. This provision also covers exchanges (emails, telephone conversations, etc.) between BLUE GOLD and its customer, whose existence and content shall not be disclosed to third parties.

10. CLAIMS

10.1. Claims or disputes are only considered if they are made in writing and addressed to the headquarters of BLUE GOLD and no later than 24 hours after receipt of the goods.

10.2. Claims or disputes regarding the terms of the invoice issued by BLUE GOLD must be made in writing within eight days of the invoice date.

10.3. Returns are only accepted if they have been previously agreed in writing by BLUE GOLD and are received prepaid.

10.4. The filing of a claim by the buyer with BLUE GOLD does not suspend or delay the payment of invoices on their due date.

11. DISPUTES

11.1. In case of a dispute, the Courts of the judicial district of Namur or the Namur Magistrate's Court shall have exclusive jurisdiction, as the case may be.