Terms of Sale

FRP EUROPE – GENERAL TERMS AND CONDITIONS OF SALE

I.COMPANY DETAILS
FRP Europe BV
Registered office: Industriepark “De Bruwaan” 27 bus D, 9700 Oudenaarde Company number: 0459 202 453

II. GENERAL PROVISIONS
2.1. Unless otherwise agreed in writing, these general terms and conditions of sale apply to every agreement between FRP EUROPE and the customer.
2.2. By entering into the agreement, the customer declares that they have read and accepted the general terms and conditions of sale. The customer agrees to the application of these terms to the exclusion of all others.
2.3. The customer’s own general terms and conditions are not applicable.

III. PRICE QUOTATION

All price quotations are non-binding and do not commit FRP EUROPE until they are accepted by the customer.

IV. DELIVERY
4.1. Goods are transported at the customer’s risk, even if transport costs are included in the price.
4.2. The customer must provide the necessary workforce and materials immediately upon the arrival of the goods to facilitate prompt unloading. Failure to do so will result in any resulting costs being charged to the customer.
4.3. FRP EUROPE is only obliged to deliver to locations that are reasonably accessible given the transport methods used for full loads. If this is not possible, delivery will occur as close as feasible to the site or warehouse, at the customer’s risk.
4.4. Packaging must be returned in the same condition and at the customer’s expense within 30 days of delivery. If the packaging is returned in poor condition, the customer is liable for damages. Such packaging will only be kept for 15 days for inspection by the customer.
4.5. Delivered goods are not taken back unless otherwise agreed in writing.In case of a written agreement, returns will be accepted at 70% of the price. Only unused and undamaged materials in unopened packaging are eligible for return. Full boxes of floor and wall tiles and full pallets of bricks, tiles, etc., are required for returns. In any case, returns will not be accepted after three months from the date of purchase.
4.6 As of 16 June 2025, crane work is defined as any use of the crane starting from the first floor. If the crane is only used to place goods on the ground floor, this is not considered crane work. For crane work, a rate of seventy euros per half hour applies, with each additional fifteen minutes charged at thirty-five euros. If a delivery takes place between six and eight o’clock in the morning, it will be considered a delivery during the first hour.

V. ACCEPTANCE AND COMPLAINTS
5.1. Receipt of goods by the customer constitutes acceptance of the goods.
5.2. The use of delivered goods implies acceptance.
5. 5.3. The customer is obliged to check the goods immediately upon receipt for correctness, quantity and quality. Any complaint regarding a delivery/collection must be reported in writing within 24 hours of receipt at the latest.
5.4. Hidden defects must be reported in writing within five working days of discovery, specifying the defects in detail.After this period, the customer is deemed to have accepted the defects. Furthermore, FRP EUROPE is not liable for hidden defects discovered after six months from delivery.Legal action regarding hidden defects must be initiated within three months of discovery, failing which it will be inadmissible.
5.5. Complaints regarding invoices must be submitted in writing within three working days of the invoice date, specifying the details.After this period, the invoice is deemed accepted by the customer.
5.6. Submitting a complaint does not entitle the customer to suspend payment.
5.7. FRP EUROPE commits to investigating complaints without delay.
5.8. Goods subject to a complaint must be preserved by the customer in the condition they were in at the time of receipt until FRP EUROPE investigates the complaint.
5.9 Delivered materials are, in principle, not taken back. Exceptionally, a return may be allowed, but only under specific conditions. Only stock items are eligible for return; non-stock items will under no circumstances be accepted for return. Moreover, every return must be announced in writing in advance; return shipments that have not been registered beforehand will not be collected by our drivers, as transport is strictly scheduled to ensure maximum efficiency. When requesting a return, the customer must provide the invoice number of the relevant product, the type of product, as well as the dimensions and quantities. The goods must be in a transport-worthy condition, which will be assessed on site by our driver in order to ensure transport safety. Only undamaged and unused products in their original, intact packaging are eligible for return. Only full boxes in the case of floor and wall tiles, or full pallets for products such as roof tiles and bricks, will be accepted. Opened or partially used packaging will under no circumstances be accepted. Visible defects in the delivered goods must be reported to FRP Europe BV in writing within three working days of their discovery, with precise wording. Hidden defects must be reported in writing within five working days of their discovery. If the return conditions are met and FRP Europe BV accepts the return, a credit note will be issued for seventy percent (70%) of the originally invoiced amount. A return will no longer be accepted after thirty days from the invoice date, unless otherwise agreed in advance and in writing. The other provisions regarding complaints and hidden defects, as set out in Article 5.4, remain fully applicable.
5.10. If FRP EUROPE considers the complaint justified, it will replace the defective goods. If replacement is impossible, the price will be refunded. The customer is not entitled to additional compensation.
5.11. Samples are provided or shown for illustrative purposes only. Variations in shade or size that fall within acceptable industry norms do not constitute grounds for complaints, nor do differences between various deliveries.
5.12. In case of disputes about material quality, the seller’s liability is limited to the extent covered by the manufacturer or main distributor.

VI. DELIVERY TIME
6.1. Any delivery times stated by FRP EUROPE are indicative and non-binding.
6.2. Exceeding the stated delivery time does not entitle the customer to any form of compensation.

VII. PAYMENT

7.1. Unless otherwise agreed in writing, goods are payable upon delivery.
7.2. In case of non-payment by the due date, the customer will automatically owe interest at the legal rate for late payments in commercial transactions, as well as a penalty of 10% on the unpaid amount (minimum €50.00), without prior notice.
7.3. In case of late payment, FRP EUROPE reserves the right to suspend its obligations under the agreement.
7.4. All taxes or charges related to the materials or their transport are borne by the customer, even if imposed after the agreement is concluded.

VIII. RETENTION OF TITLE
8.1. Goods remain the property of FRP EUROPE until the customer has paid the price in full.
8.2. Despite retention of title, the risk of loss or damage to the goods passes to the customer upon conclusion of the agreement.

IX. TERMINATION OF THE AGREEMENT
9.1. Circumstances beyond the control of FRP EUROPE, which render the execution of the agreement unreasonable, such as war, mobilization, import/export restrictions, governmental measures, transport disruptions, strikes, supplier insolvencies, etc., entitle FRP EUROPE to terminate the agreement without compensation.
9.2. FRP EUROPE reserves the right to terminate the agreement in case of changes in the customer’s situation, such as death, incapacity, judicial reorganization, or bankruptcy.

X. DISPUTES

10.1. Belgian law applies to any disputes arising from the sale of goods by FRP EUROPE.
10.2. The competent court is determined by the location of FRP EUROPE’s registered office.

XI. PROCESSING OF PERSONAL DATA
11.1. The customer consents to the processing of their personal data by FRP EUROPE, as the data controller.
11.2. Data processing complies with Regulation (EU) 2016/679 (GDPR) and the Belgian Data Protection Act of July 30, 2018.
11.3. Personal data is processed solely for contract execution, customer management, and direct marketing purposes.
11.4. The customer is responsible for the accuracy of the provided data and must notify the data controller of any changes without delay.

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