1.1 All our invoices are payable in cash to Westmalle, unless otherwise agreed. Any delay in payment shall give rise to interest on arrears of 1% per month, starting from the date of the invoice, without prior notice.
In the event of non-payment within eight days after notice of default has been sent by registered mail, a fixed compensation of 10% of the invoice amount will also be demanded, with a minimum of 50 euros for extrajudicial costs.
1.2 The payment of this amount does not constitute proof of payment of the above. Upon payment of an amount, we reserve the right to apply this to any amount that the payer may owe us.
1.3 The goods delivered shall remain the property of the seller until full payment has been made. The seller may demand the return of these goods in the event of non-payment of invoices on their due date or in the event of immediate payment. The consequences of accidental loss of the goods sold in the event of force majeure (e.g. fire) shall be borne by the buyer.
1.4 The Seller may always refuse to carry out one or more deliveries or to accept new orders if the Buyer reaches or has already exceeded the credit limit or if the Buyer fails to meet any of his obligations to the Seller, irrespective of their nature.
1.5 Any complaints regarding quantity and price must reach us within eight days of delivery in order to be accepted.
2.1 In order to guarantee the quality of the delivered beverages at all times, the purchaser and subsequent purchasers must store and deliver the beverages under optimum conditions (in terms of room, temperature, protection against frost, sunlight and rain, application of the fifo rule, etc.).
In order to guarantee the consumer optimum quality, the purchaser shall ensure that cask beer is only sold to persons who have the necessary professional qualifications and equipment.
2.2 Beverages which, despite all precautions, no longer meet the normal quality requirements shall only be reimbursed by the seller once the latter’s liability has been proven and the beverages have not been exposed to abnormal light, sun, heat, frost, rain, dust, etc. The seller must be notified in advance of the return and the reason for it.
3.1 empties (bottles, containers, pallets and drums) that are marked with our company name or trademark shall remain our inalienable property and shall not be subject to seizure, which would prevent us from disposing of them. The empties must be returned, it being understood that only the above-mentioned empties are taken back by us. Empty tanks of other brands will not be refunded or taken back.
3.2 Deposits received for empties will only be refunded if the empties are returned in good condition.
3.3 The value of the packaging taken back shall first be offset against any outstanding invoices, even if the seller claims the packaging back.
3.4 The buyer shall not take any action that results in the non-return of the packaging to the seller. If a serious and demonstrable breach of duty can be (e.g. in the case of parallel exports), the brewery reserves the right to invoice the empties at the then applicable new value.
3.5 Barrels which are not returned to us within a reasonable period of time after delivery will be invoiced at the new applicable value.
4.1 We do not accept any liability for any accidents that occur during the use of our material.
5.1 Where, for commercial reasons, the seller allows deviations from these terms and conditions, this shall be deemed to be a concession which the seller may terminate at any time without notice.
6.1 Only the courts of Antwerp are competent for any dispute.
6.2 Belgian law is applicable.
