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Legal Terms


GENERAL TERMS AND CONDITIONS OF SALE – THERMOBRASS BV

1. Applicability

These General Terms and Conditions of Sale apply to all quotations, orders, deliveries and invoices issued by Thermobrass BV, having its registered office at Nieuwlandlaan 59, 3200 Aarschot, Belgium

By placing an order, the customer acknowledges having read and accepted these terms and conditions without reservation. Any purchasing conditions of the customer shall only apply if expressly accepted in writing by Thermobrass.

2. Quotations and Orders

All quotations issued by Thermobrass are non-binding and without obligation. An order shall only become binding upon written confirmation by Thermobrass. Thermobrass reserves the right to refuse an order in whole or in part without stating any reason.​

Een bestelling is slechts bindend na schriftelijke bevestiging door Thermobrass.

Thermobrass behoudt zich het recht voor een bestelling geheel of gedeeltelijk te weigeren zonder opgave van redenen.

3. Prices

All prices are exclusive of VAT, transport costs, import duties and any other taxes unless expressly stated otherwise.

Thermobrass reserves the right to modify its prices at any time.

4. Delivery

Delivery times are provided for information purposes only and are not binding.

Any delay in delivery shall not entitle the customer to compensation, cancellation of the order or refusal of the goods.

The risk of loss of or damage to the goods shall pass to the customer upon delivery to the customer or to the carrier appointed by the customer.

5. Inspection of Goods and Complaints

The customer shall inspect the goods immediately upon receipt.

Visible defects, transport damage, missing goods or incorrect deliveries must be reported in writing within 48 hours after receipt, accompanied by photographs and a clear description of the issue.

Hidden defects must be reported in writing within 8 days after discovery.

After these periods, the goods shall be deemed definitively accepted.

6. Returns

Returns shall only be accepted with the prior written approval of Thermobrass.

Specially ordered, custom-made or personalized items shall never be accepted for return.

Approved returns must be sent back in their original packaging and in resalable condition.

Return transport costs shall be borne by the customer unless otherwise agreed in writing.

7. Retention of Title

All delivered goods shall remain the property of Thermobrass until full payment of the principal amount, costs, interest and any compensation due.

Until full payment has been received, the customer may not pledge, transfer or use the goods as security.

In the event of non-payment, Thermobrass shall be entitled to recover the goods without prior court intervention.

8. Payments

All invoices are payable on the due date stated on the invoice.

Invoices shall be deemed accepted unless disputed in writing within 8 days from the invoice date.

In the event of non-payment on the due date, late payment interest shall automatically and without prior notice become payable in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions.

In addition, a fixed compensation of 10% of the outstanding amount shall be payable, with a minimum of €250.

Alle All collection, legal and enforcement costs shall be borne entirely by the customer.-, gerechts- en uitvoeringskosten zijn integraal ten laste van de klant.

9. Suspension of Deliveries

In the event of late payment, Thermobrass reserves the right to suspend all pending orders and deliveries until all outstanding amounts have been paid in full.

10. Product Information and Natural Characteristics

Bronze sculptures, metal decorations and eco-rust products are largely handcrafted.

Variations in dimensions, weight, colour, patina, oxidation level, finishing or packaging shall be regarded as normal product characteristics and shall not give rise to complaints, returns or compensation.

When used outdoors, colours, patina and oxidation may evolve due to weather conditions. This is considered a normal and desirable ageing process of the material.

11. Warranty

The warranty is strictly limited to manufacturing defects acknowledged by Thermobrass.

The warranty does not cover damage resulting from:

  • improper use;​
  • insufficient maintenance;
  • onvoldoende onderhoud;;
  • normal wear and tear;
  • corrosion or natural oxidation;
  • frost damage;
  • transport or installation by third parties.

The maximum liability of Thermobrass shall in all cases be limited to the invoice value of the goods concerned.

12. Liability

Thermobrass shall never be liable for indirect damages, consequential damages, loss of profit, loss of turnover, reputational damage or claims made by third parties.

Under no circumstances shall Thermobrass be obliged to intervene in disputes between the customer and its end customers.

13. Force Majeure

Thermobrass shall not be liable for delays or failures caused by force majeure, including but not limited to strikes, transport disruptions, shortages of raw materials, energy interruptions, pandemics, natural disasters or governmental measures.

14. International Sales

For international deliveries, any import duties, local taxes, customs clearance charges and other levies shall be borne exclusively by the customer.

15. Applicable Law and Competent Courts

All agreements with Thermobrass shall be governed exclusively by Belgian law. In the event of any dispute, the courts of Leuven, Belgium, shall have exclusive jurisdiction.​

In geval van betwisting zijn uitsluitend de ondernemingsrechtbanken van Leuven bevoegd.