Jean Gotta

General Terms and Conditions of Sale

  1. Primacy of these present conditions

    These general terms and conditions apply with full force to all our ranges and are an integral part of any contract that we sign with our customers. By placing their orders with us, our customers accept these general terms and conditions and shall explicitly voluntarily refrain from applying all other general terms and conditions. There shall be no variation from these present conditions, except via a specific contract signed by an administrator of our company.

  2. Deliveries

    1. Delivery periods are provided for information only and are non-binding for us. We cannot, under any circumstances, be held responsible for non-compliance with the delivery period. Delivery delays do not initiate the right to any compensation or cancellation of the order.

    2. As our merchandise is subject to drying out, its weight on departure from our abattoir or production halls is the only valid weight.

    3. Our merchandise, even shipped free of charge, travels at the risk and jeopardy of the client. In the event of a delay in delivery that is not attributable to our company, to theft or to accident during the journey, the client must raise all objections with the carrier, who assumes responsibility for these events.

    4. In view of the essentially perishable nature of our merchandise, we do not accept any return of merchandise, except by prior agreement on our part. All complaints concerning the supplied merchandise must be written on the transport document, or be notified by recorded mail within 48 (forty-eight) hours at the latest. Once this deadline has passed, all complaints are non-receivable, even if the complaint is deemed receivable and founded.

    5. The resale, treatment, transformation or modification, of whatever nature this may be, of the merchandise amounts to non-cancellable acceptance of the merchandise and to abandonment of any recourse against us for whatever reason this may be.

    6. All shipped packaging must be returned to our company prior to the subsequent delivery. On default, the packaging shall be billed according to the tariff applying to the different shipments. This tariff is advertised to our customers at the headquarters of our company. Any customer who has not taken receipt of a delivery for 30 days shall be definitively invoiced for unperformed shipments during this period.

    7. Payment

      1. All of our invoices are payable in cash, to our address, unless otherwise stated on the invoice. All claims relating to the billing of our merchandise must be addressed to our company, by recorded mail, within eight days of delivery. On default, the invoice shall be deemed accepted by the customer.

      2. All invoices unpaid by their due date shall fully entail, without notice, the debit of interest on arrears of 10% per annum and payment of a forfeit for damages and interest of 20% of the invoiced amount, with a minimum of €125. Moreover, we reserve the right to claim reimbursement of legal fees as well as recovery fees which we may incur as a result of the delayed payment, and this in application of article 6 of the law of 2 August 2002 concerning the combating of payment delays in  commercial transactions.

      3. In the event of non-payment of any of our invoices by the customer, we reserve the right to suspend, temporarily or definitively, our commercial relations with the latter. This right applies both for current orders and for any new orders.

      4. Reservation of ownership

        1. Our company shall retain ownership of sold goods up until effective payment, by the customer, of the principal price, interests and charges. Default of payment at any one of the due dates may entail recall of the sold goods.

        2. Risks of all kinds, including accidents and acts of God, and risks of safekeeping are transferred to the customer on delivery.

      5. Resolutive clause and acts of God

        1. We reserve the right to definitively suspend execution of all orders under full force and without prior notice, in the event of the customer’s bankruptcy, avowed insolvency, dissolution or change in legal situation.

        2. If, in the event of acts of God, strike or occurrence of any event which is attributable to us, we are unable to honour an order, we reserve the right to consider this order null and void without subjecting ourselves to damage compensation claims. Cancellation of the order, as well as the reason for this cancellation, shall be notified to the client via recorded mail.

      6. Attribution of competence and applicable law

        1. In the event of dispute, only the courts of Verviers shall be competent.

        2. The contract is governed by Belgian law.