All sales contracts between the IRMM, Directorate-General Joint Research
Centre of the European Commission, hereinafter to be referred to as “the
Seller” and its clients, hereinafter to be referred to as “the Buyer” shall be
governed by and processed in accordance with the following terms and
conditions. Acceptance of Seller’s quotation by Buyer automatically implies
acceptance by Buyer of Seller’s Terms and Conditions.
1 - Unless stated otherwise on the quotation, materials and services shall be
furnished at prices and service fees fixed by the Seller, in effect on the
date of shipment of materials or performance of the services. Where no
specific prices are in effect, materials and services shall be furnished at
prices and service fees calculated by the IRMM. The Seller’s decision in these
matters is final. Prices in catalogues issued by the Seller are subject to
change without notice.
2 - Subject to applicable regulations, Seller shall ship all materials covered
by this order “Free Carrier Geel, Belgium” (FCA), normally by certified parcel
post. Postage will be billed at cost and itemised on the invoice. Under this
term it is understood that Seller shall have fulfilled his obligation to
deliver when he has handed over the materials, cleared for export, into the
charge of the carrier named by the Buyer or appointed by the Seller on behalf
and at the expense of the Buyer.
3 - Materials that, due to regulations or for any other practical reason,
cannot be sent by certified parcel post shall be delivered “Ex Works Geel,
Belgium”, (EXW). Under this term the Seller fulfills his obligation to deliver
when he has made the materials available at his premises. The Buyer bears all
costs and risks of loss of or damage to the goods, involved in taking the
materials from the seller’s premises to the desired destination.
4 - If necessary, the Seller, at the Buyer’s request, risk and expense, may
provide assistance in obtaining any export licence or other official
authorisation necessary for the exportation of the materials.
5 - It will be the Buyer’s responsibility to designate an experienced carrier
as an intermediate consignee for the shipment. This carrier will collect the
materials from the Sellers facilities in Geel, Belgium. Shipping carriers and
modes of shipment must fully comply with international and Belgian
transportation regulations in effect at the time of shipment.
6 - Responsibility for loss of or damage to materials sold under this order
shall pass to the Buyer when such materials have been handed over into the
charge of the carrier named by the Buyer or appointed by the Seller on behalf
and at the expense of the Buyer.
7 - Buyer shall advise Seller of having taken delivery by means of the
Confirmation of Delivery form, a specimen is attached. This form is to be
returned to Seller by mail or fax within six weeks after delivery. In the
event that the form is not returned, Seller shall have the right to assume
that Buyer has taken delivery.
8 - Unless a prepayment is agreed, Seller shall establish the invoice
concerned and forward it to the Buyer upon receipt of the Confirmation of
Delivery form from Buyer. Payment shall be made by bank transfer in EURO
according to the following general payment terms of the European Commission:
i) Invoice payable after 45 days, in the event of non-payment by the due date,
interest will be payable on the established entitlement at the European
Central Bank rate + 3.5 points
ii) All bank charges are for the account of the customer
iii) Where the other party has claims on the Commission that are certain, of a
fixed amount and due, the Commission reserves the right, after giving prior
notification , to effect recovery by offsetting.
iv) Failing payment by the due date, the Commission reserves the right
- to call in any financial guarantee lodged in advance
- to enforce payment under Article 256 of the EC Treaty
The Buyer shall remit sums due to the Seller’s bank account as stated on the
invoice.
9 - Seller reserves the right to request a prepayment or a bank guarantee,
either covering the whole order amount or a part of it.
10 - Seller reserves the right to limit quantities and frequency of orders.
11 - Seller shall not be liable for any particular, indirect, incidental or
consequential damage, including but not limited to, injury or damaged caused
to persons or property, or loss of any kind whatsoever, resulting from
packaging, labelling, transportation, delay in filling the order or in
delivery, or otherwise.
12 - The ordering of the Material shall entail the transfer of the title to
the Material (in the sense of Title II, Chapter 8 of the EURATOM Treaty) from
the Seller to the Buyer. Receipt of the signed orderform by the Seller shall
determine the moment of the transfer of title to the Material.
All risks of accidental loss or damage to the Material shall pass from the
Seller to the Buyer in conformity with the Incoterm provision "ex works" (i.e.
upon readiness of the Material to be loaded on the transporter's vehicle).
13 - Failing any amicable arrangement, the courts of Turnhout, Belgium shall
have sole jurisdiction.