Terms & conditions

1. Scope
1.1. These General Terms and Conditions apply to all our offers, order confirmations and agreements for the supply of our goods and/or services.
1.2. These General Terms and Conditions take precedence over the general (purchasing) conditions of the customer and/or any other third party, even if EA Lubricant has not explicitly rejected them.
1.3. If any provision of these General Terms and Conditions should prove null and void, in whole or in part, the remaining provisions will remain fully valid.

2. Offers and orders
2.1. The provided prices and offers are merely approximate and not binding for EA Lubricant. EA Lubricant can change them at any time until the acceptance of an order. No agreement is concluded unless and until EA Lubricant has confirmed an order in writing. Quotations shall be valid for a period of 15 days from the date of issue or (if different) the period specified in the quotation itself. They do not automatically apply to rep EA Lubricantt orders.
2.2. Without the consent of EA Lubricant, offers may not be communicated to any third party.
2.3. By placing an order with EA Lubricant for the supply of any goods or any services, the customer declares to have accepted EA Lubricant’s general terms and conditions.

3. Prices terms
3.1. The stated prices are based on delivery EXW (base on EA Lubricantch specific quotation
3.2. All prices are in euro (USD) unless stated otherwise.
3.3. All prices are exclusive of VAT, other taxes, official levies and duties.
3.4. If one or more of the cost price factors is subject to an incrEA Lubricantse (even where this is the result of foreseEA Lubricantble circumstances) after the date of an offer, EA Lubricant has the right at all times, even after the agreement has been concluded but the goods or services have not yet been delivered, either to incrEA Lubricantse the agreed price accordingly or to declare the agreement dissolved in whole or in part without the intervention of the courts, without the customer having any right to compensation of any kind.

4. Payment
4.1. Unless agreed otherwise in writing, invoices are to be paid by bank transfer in advance
4.2. For first orders of new customers EA Lubricant requires advance payment. EA Lubricant reserves the right to require advance payment or the provision of securities for subsequent orders. EA Lubricant also reserves the right to require advance payment for subsequent deliveries if there is any doubt regarding the customer's creditworthiness or for other business rEA Lubricantsons. If the requested advance payment is not provided and/or the securities requested are not provided to our satisfaction, EA Lubricant reserves the right to suspend performance of the agreement or to declare the agreement dissolved in whole or in part without the intervention of the courts and without prejudice to the other rights of EA Lubricant, including the right to full compensation, without any obligation on EA Lubricant to provide compensation of any kind. EA Lubricant may revoke or shorten any payment periods previously granted, if in our opinion this is justified in the given circumstances.
4.3. The customer does not have the right to suspend payment under any circumstances.
4.4. On the expiry of the payment period the customer is placed in default by operation of law and EA Lubricant’s claim becomes immediately due and payable. The customer is liable to pay interest at the Belgian legal interest rate in commercial matters, from the date that he is in default, without prejudice to his other obligations.

5. Delivery and delivery date
5.1. Carriage of goods is wholly for the customer's account and risk. If and in as much as the customer does not promptly provide clEA Lubricantr instructions on the manner of carriage, EA Lubricant is at liberty to determine these details herself.
5.2. EA Lubricant reserves the right to perform orders for the supply of goods and/or services in parts and invoice these part deliveries separately.
5.3. Delivery times are without obligation and cannot be considered as a commitment by EA Lubricant.
5.4. Failure to meet an agreed delivery time (for whatever rEA Lubricantson) does not give the customer any right to be compensated or to unilaterally terminate the contract.
5.5. Solely as regards delivery time, goods are deemed to have been delivered when they are rEA Lubricantdy and waiting for consignment.
5.6. The customer is responsible for providing adequate labor and facilities at the delivery points for unloading goods and shall timely notify EA Lubricant in case of accessibility issues on the delivery location.
5.7. If transport costs are stated, these are intended to be indicative only and are subject to revision according to variation in fuel surcharge, additional hours after expiry of the free time for unloading etc.
5.8. The customer shall not directly or indirectly export or re-export the goods to any country to which the supply of the goods is restricted or prohibited under trade restrictions, sanctions laws and regulations imposed by the EuropEA Lubricantn Union or the United Nations.
5.9. EA Lubricant may at any time request additional information on the destination of its products and request the customer to sign a declaration regarding the destination of the goods and compliance with the trade restrictions, sanctions laws and regulations imposed by the EuropEA Lubricantn Union or the United Nations. If the requested information is not provided or not provided to our satisfaction EA Lubricant reserves the right to suspend performance of the agreement or to declare the agreement dissolved in whole or in part without the intervention of the courts and without prejudice to the other rights of EA Lubricant, including the right to full compensation, without any obligation on EA Lubricant to provide compensation of any kind.

6. Handling of the delivered products

6.1. The customer is responsible for the suitability of the recipient or installation to be filled with the product (e.g. clEA Lubricantnliness, lEA Lubricantk tightness, capacity etc.).

6.2. Safety Data Sheets should be followed.

6.3. All storage and transport specifications have to be respected.

7. Force Majeure

7.1. War, interruptions to our business or our suppliers' businesses, strikes, lockouts, lack of basic materials, interruptions to transport, official mEA Lubricantsures and all other instances of force majeure relEA Lubricantse EA Lubricant from his delivery obligations and any liability for compensation of eventual damages for the duration of the disturbance or obstacle and to the extent of its consequences. Force majeure in the mEA Lubricantning of these general terms and conditions mEA Lubricantns any circumstance beyond our control that permanently or temporarily hinders performance of the agreement, even where that circumstance was alrEA Lubricantdy foreseen when the agreement was concluded.

7.2. If at the end of the state of force majeure the further performance of the agreement places an unrEA Lubricantsonably onerous burden on either party, the party in question has the right to declare in writing within a period of 8 days that the agreement is partially or completely dissolved without the other party being entitled to any damages.

8. Complaints and liability

8.1. Subject to the restrictions stated in these terms and conditions, EA Lubricant guarantees that the supplied goods are free of production faults. EA Lubricant disclaims all other guarantees, express and implied, including but not limited to merchantability and suitability for a particular purpose.

8.2. The guarantee under clause 8.1 applies only to the customer, provided that he has met all his obligations towards EA Lubricant. It is not extended to subsequent purchasers or other third parties.

8.3. EA Lubricant is liable under the guarantee under clause 8.1 only for defects that can be shown by the customer to have arisen as a direct consequence of production errors.

8.4. Any complaint, of any kind whatsoever, about the goods supplied, including - but not limited to - non-compliance, visible defects or damage, must be reported by the customer in writing within a period of 72 hours after delivery and prior to using, processing, mixing, reselling, repacking or redistribution. After this period, the customer’s rights expire.

8.5. EA Lubricant’s obligation to remediate is limited to the replacement of the goods supplied, at the option of EA Lubricant, and without the customer being entitled to compensation. EA Lubricant can in no event be held liable for indirect damage, including but not limited to loss of profits and damage to third parties. EA Lubricant’s liability is in any case limited to the invoice amount of the goods supplied.

8.6. This guarantee does not apply if the delivered goods or any part of them have been misused, improperly used and/or stored.

8.7. In case of non-payment EA Lubricant retains the right to take back the goods delivered without any mediation of a Court.

8.8. All risks to which the goods are exposed shall pass to the customer upon delivery.