General Terms and Conditions of Sale
1. Scope of Application
These general terms and conditions apply to all deliveries and services provided by SOWIN SRL. By entering into a contract with our company, the client agrees to all of the conditions set out below and waives the right to rely on their own terms and conditions. The client’s conditions shall only be binding upon us if expressly accepted in writing. Likewise, references to previously accepted specific conditions shall not be binding unless expressly agreed in writing by us.
2. Offer and Conclusion of Contract
The signing of an order form and/or delivery note, any telephone order as is customary practice, or payment of an invoice irrevocably binds the client and constitutes a unilateral promise to purchase in accordance with the terms stated therein. Our company shall only be bound upon written acceptance and confirmation of the order.
3. Prices
Unless otherwise stated, all prices are ex warehouse, excluding packaging, transport, insurance and VAT at the applicable legal rate.
4. Payment Terms
Payment shall be made without discount within the period indicated on the invoice, unless otherwise agreed in writing. In case of late payment, statutory default interest shall apply. Any unpaid invoice shall automatically bear interest at 10% per year from the due date, without prior notice of default; any commenced month being considered a full month.
In addition, any unpaid invoice (even partially) shall, after formal notice remaining without satisfactory response within 8 days, automatically be increased by 10%, with a minimum of €37.18, as a fixed and irreducible penalty clause intended to cover additional administrative costs.
5. Delivery Times
Delivery times are indicative only. In case of force majeure or unforeseen events affecting us or our suppliers, delivery times may be extended without compensation. If delivery becomes impossible without fault on our part, we shall be released from our obligation.
Delays shall not entitle the client to terminate the contract or claim damages. We reserve the right to make partial deliveries and invoices. Delivery addresses must be accessible to 13.6-meter trucks. If not accessible, additional delivery costs will be invoiced. Orders cannot be split for delivery.
6. Transfer of Risk
Risk transfers to the buyer upon handover to the carrier or departure from our warehouse, even if transport costs are borne by us.
7. Complaints and Warranty
Visible defects must be reported immediately upon receipt and no later than within 7 days by registered letter. In case of defects, we may choose to replace or repair the goods.
8. Liability
Our liability is limited to cases of intent or gross negligence. In cases of slight negligence, we are only liable in case of injury to life, body or health, or breach of essential contractual obligations.
9. Retention of Title
Goods remain our property until full payment. Risks are borne by the buyer. Advances may be retained to cover potential resale losses.
10. Exclusion of Warranty
Warranty and claims for non-conformity are excluded in cases of:
Normal wear and tear
Accidents, disasters, or force majeure
Improper use, negligence, or failure to follow instructions
Use of inappropriate cleaning or maintenance products
External causes (UV exposure, frost, acids, grease, etc.)
Improper storage or handling
Any modification or intervention without prior written approval
11. Hardship and Force Majeure
In case of unforeseen circumstances beyond SOWIN’s control (strikes, embargoes, pandemics, raw material increases exceeding 10%, shortages, etc.), obligations are suspended.
If raw material prices increase by more than 10% before execution, the client may either cancel the order without compensation or accept the increase.
If force majeure lasts more than 90 days, parties shall renegotiate. Failing agreement, either party may terminate by registered letter. Services already performed shall be invoiced proportionally.
12. Assignment and Subcontracting
SOWIN may assign or subcontract all or part of its rights or obligations upon prior written notification to the client.
13. Independence
SOWIN performs services independently and without subordination. No partnership or joint venture is created.
14. Intellectual Property
All creations (logos, designs, documents, software, photos, etc.) remain the exclusive property of SOWIN or its suppliers. No intellectual property rights are transferred. Reproduction or commercial use is prohibited without consent.
15. Liability
Products comply with Belgian and European legislation.
a) Exclusion for Non-Consumer Clients
SOWIN is only liable for direct damages caused by gross negligence, intent or fraud.
b) General Limitation
SOWIN shall never be liable for indirect damages (loss of profit, turnover, reputation, business interruption, etc.).
Liability is limited to insurance coverage or contract value, with a maximum of €10,000.
16. Applicable Law and Jurisdiction
Belgian law applies. Courts of Brussels have exclusive jurisdiction.
17. Severability
If a clause is invalid, other provisions remain valid.
Product Note
All prices are net ex warehouse Martelange.
Packaging materials become the property and responsibility of the client.
Special or custom orders must be accepted in full (100%). No return or refund possible.
Natural Stone Disclaimer
Color and structure variations are inherent to natural stone and cannot justify claims.
Schist and slate may naturally release fragments due to their layered structure.
Dimensional tolerances are inherent and not grounds for complaint.
Surface coverage estimates (m² per Big Bag) are indicative and not guaranteed.
Outdoor slabs must be installed in draining, non-staining bedding. High-pressure cleaning and de-icing salts are prohibited.
Thin slabs are not suitable for vehicle traffic.
Natural stone may absorb water unevenly.
Natural stone landscaping products are not subject to CE marking obligations.
Load securing and vehicle weight compliance are the sole responsibility of the client.
Our General Terms and Conditions of Delivery and Sale apply.
2. Offre et conclusion du contrat
3. Prix
4. Conditions de paiement
5. Délais de livraison
6. Transfert des risques
7. Réclamations et garantie
8. Responsabilité
9. Réserve de propriété
10. Exclusion de la garantie
11. Imprévision et force majeure
12. Cession et sous-traitance
13. Absence de lien de subordination
14. Propriété intellectuelle
15. Responsabilité
a. Exclusion de responsabilité à l’égard du Client non-Consommateur
b. Limitation de responsabilité applicable à l’ensemble des cas de figures
16. Lieu d’exécution et juridiction compétente
17. Clause salvatrice
Note relative aux produits : Tous les prix s’entendent nets départ entrepôt à Martelange.