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Legal framework

General
purchase conditions.

AMC / PUR / 2026

Clear terms for every order and delivery to AMC.

General purchase conditions of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV (also called A.M.C.)

Applicability and acceptance of general purchase conditions

  1. The term “SUPPLIER” must be understood in the broadest sense of the word, that is to say, anyone who executes the order form or any other equivalent document. In the following articles, the company which refers to these general purchase conditions ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, hereinafter referred to as “ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV”.
  2. The general purchase conditions apply to all purchase agreements, orders, and other legal acts of the deliveries, products, services, performance and other work to the ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV by THE SUPPLIER. “
  3. THE SUPPLIER completely fails to apply its own general terms and conditions upon acceptance of these general terms and conditions, either tacitly or explicitly. General conditions, under whatever name, of THE SUPPLIER are explicitly not applicable.
  4. By the mere execution of the order that ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV transfers to THE SUPPLIER, THE SUPPLIER expressly accepts that these purchase conditions apply. THE SUPPLIER acknowledges prior knowledge of and acceptance of these general terms and conditions.
  5. Only if and on condition that ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV has explicitly accepted the general terms and conditions of THE SUPPLIER, can these conditions apply. Also all other deviations and / or additions to these general terms and conditions can only be agreed in writing.
  6. The term “DELIVERIES”, hereinafter used, must be understood in the broadest sense of the word, that is, including but not limited to: goods, services, performance, etc.

Acceptance of the orders

  1. Nothing may be delivered or executed without the receipt of a valid order form. All costs resulting from the preparation of an offer are at the expense of THE SUPPLIER.
  2. The agreement between ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV and THE SUPPLIER is established if THE SUPPLIER has accepted an order or order form etc. in writing. Each order must be confirmed in writing by THE SUPPLIER immediately stating the price and delivery period. The elements contained in the order form of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV take precedence over the elements contained in the order confirmation from THE SUPPLIER.
  3. If ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV has not received this confirmation within fourteen calendar days of its order, ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV considers the agreement of THE SUPPLIER as acquired. A start of execution also serves as confirmation. or In this, ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV has the right to change or cancel the order without the SUPPLIER being able to claim any compensation.
  4. Any change, even for a part, of the conditions of the order, in particular of the price and the delivery term, gives ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV the right to change or cancel the order without the SUPPLIER being able to claim any compensation.
  5. ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV does not accept cancellation of order, unless agreed in advance in writing. Any cancellation of the order must be done in writing. In the event of cancellation, the SUPPLIER will owe a flat fee of 1% of the price of the order, subject to proof of higher damage by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV.

Delivery time and reimbursement

  1. The agreed delivery periods are binding for THE SUPPLIER. Deviations are only possible with the prior written consent of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV.
  2. Punctual compliance with the delivery or execution period is an essential substantial condition for ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, without which no agreement would have been concluded. If, upon acceptance of the order, THE SUPPLIER observes that there will be delays in delivery, THE SUPPLIER will immediately inform ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV stating the actual circumstances that impede timely fulfillment. THE SUPPLIER will take all reasonable steps to minimize the consequences. He will use all available means to reduce the delay, regardless of whether it is caused by himself, his subcontractors or by other parties. ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV will then have the right to change the order in whole or in part. ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV also has the right to cancel the order without additional costs or compensation, without prejudice to the right to claim compensation from THE SUPPLIER. In the event of delay, ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV reserves the right, in so far as it has not canceled the order in its entirety in full, without prior notice, to demand compensation of 1% of the value of the services to be delivered and / or goods, without prejudice to the right of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV to prove higher damage and costs. This compensation is provisional, is calculated per week of delay, with each commenced week as a full week, and is due from the moment of the shortcoming of THE SUPPLIER without ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV having to prove the existence of any damage. THE SUPPLIER shall always be bound to the full compensation and repair of the damage suffered by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV. The application of the aforementioned compensation for delay does not in any way affect other remedies available to ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV with respect to the delays incurred. ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV will deduct the amount of this compensation from the amount payable when the invoices are paid.
    ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV has the right to postpone the delivery of an order placed with a SUPPLIER free of charge for a maximum period of one year. Unless ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV has agreed in advance, no change or cancellation of an order can be accepted by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV.

Prices, costs, packaging and insurance

  1. The price is determined excluding V.A.T.
  2. The prices are fixed and can not be reviewed or altered, unless otherwise agreed in writing between ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV and THE SUPPLIER.
  3. The delivery is free of all expenses and therefore all transport, packaging, insurance costs and possibly other additional costs or levies or anything else by third parties are included and are made at the delivery location and / or execution location indicated by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV. The delivery is at the risk of THE SUPPLIER. Any damage resulting from inadequate packaging after delivery by THE SUPPLIER is at the expense of THE SUPPLIER.
  4. The return of consigned packaging is free of charge for ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV.

Acceptance of the delivery

  1. The supplier undertakes to deliver the goods at the time, place and in the circumstances specified in the order form or order confirmation.
  2. Acceptance of the deliveries takes place only after the completion of the total projects, which means after receipt of the delivery, the inspection of the deliveries by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, installation and testing of the whole at its end customer. Weight, quantity, quality and conformity with the order are reviewed by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV and the result of this inspection must be accepted by THE SUPPLIER. If deliveries are refused as a result of this review, ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV may dissolve this agreement in whole or in part and THE SUPPLIER may not demand any compensation on that basis. The SUPPLIER is free to be present at the review or to be represented.
  3. Deliveries are guaranteed for all errors for at least two years from the date of acceptance by the end-user. The guarantee also includes, but is not limited to, all costs of salaries, wages, travel and any lodging. The duration of the guarantee will automatically be extended by the period required for the repair and re-use of all faulty parts.
  4. The delivery notes or performance certificates must be signed, before receipt or execution, by a representative of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, who must state his name and identification number on the documents of THE SUPPLIER. THE SUPPLIER shall bear the risk at least until the signing of these invoices or bills by the representative of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV.
  5. If THE SUPPLIER performs additional work, only the responsible project manager of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV may sign these hours.

Billing

  1. The invoices and delivery notes must be drawn up in the name of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, stating the reference such as order number and contact person. In the absence of which ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV reserves the right to deduct 50.00 Euro as administrative costs from the amount to be paid.
  2. Separate invoices must be prepared for each shipment and every order. Administrative costs or other costs may not be charged by THE SUPPLIER, unless otherwise agreed in writing.
  3. In the event of non-compliance with these rules, the invoice will be regarded as void and of no value until THE SUPPLIER has made the necessary improvements and ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV reserves the right to charge the reimbursement from article 23.

Payments

  1. Invoicing can only take place after delivery at the delivery location and / or execution location indicated by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV. In case of delivery, an invoice must be submitted within two (2) months after delivery. The payment is made at the earliest, and unless agreed otherwise in writing, 60 days at the end of the month after verification to verify the conformity and acceptance of the deliveries, as stipulated in article 13. Any payment that occured before, is always subject to the verification, in which ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV reserves the right to demand repayment of the payment in the event of non-compliance. Every payment made before the end of the agreed term gives ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV the right to deduct a fee of 1% per month that this payment was made earlier. When accepting a bill of exchange, the discounting costs are charged to THE SUPPLIER.

Non-compliant delivery

  1. The orders are delivered as stipulated in the order form of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF
  2. The guidelines of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV in connection with dimensions, quality, manner of execution, etc., as well as the legal provisions must be strictly observed. Strict compliance is a substantial and essential condition, without which no agreement would have been entered into with THE SUPPLIER.
  3. If samples, deliveries and performances are not in accordance with the statutory provisions, the guidelines of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV or with what has been agreed between the parties, ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV - even if inspection of samples is limited - will have the right to terminate the purchase in whole or in part, without prejudice to the compensation, or to demand a price reduction, or to have the finishing and repair costs incurred at the expense of THE SUPPLIER, or to demand a new delivery or finishing work from THE SUPPLIER. The same applies if defects are brought to light after delivery, even after the guarantee period, which will be at least two years.
  4. If AMC has canceled the sale in whole or in part, the material made available by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV to THE SUPPLIER will be fully refunded or, at the decision of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, new material may be purchased by THE SUPPLIER , which is equal to the material that was made available by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV. The costs of this new material are fully borne by THE SUPPLIER.
  5. THE SUPPLIER acknowledges his liability for all proven damage (both direct and indirect damage), suffered by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV and third parties, wholly or partially resulting from the delivered goods or services. THE SUPPLIER expressly waives any limitation of his liability by limitations in time to be held liable, limitations of the compensation to be paid, limitations in the manner of compensation, limitations in the field of evidence and all other provisions that THE SUPPLIER would draw on its conditions, use in the sector or non-mandatory legal provisions that are standing in the way of full compensation.

Reservation of ownership

  1. The materials that ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV makes available to THE SUPPLIER remain their property (even during processing or processing) and as such must be stored, marked and managed separately. These materials may only be used for the execution of the orders of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF. THE SUPPLIER undertakes to replace the damaged or lost parts. If, due to a non-conforming delivery, the materials made available by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, THE SUPPLIER damages these materials, THE SUPPLIER is obliged to provide ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV with compensation and ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV can terminate the agreement on top of this compensation. If THE SUPPLIER, during the execution of the order on the materials made available by ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, due to faulty performance or incorrect execution of the order, or non-conforming delivery, damages these materials, THE SUPPLIER is obliged to bear the costs for the new material and for the execution of the order by a third party.

Intellectual property rights

  1. If intellectual property rights are vested in the delivery or accessories, ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV obtains free of charge the right of use and multiplication by means of a non-exclusive, worldwide, perpetual license. THE SUPPLIER guarantees that the delivery does not infringe on the intellectual rights of third parties and indemnifies ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV for claims by third parties due to (alleged) breaches and will compensate ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV all damage suffered as a result.
  2. The drawings, sketches, diagrams and calculations attached to the price requests or orders from  ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, must be regarded as confidential documents, remain the property of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV and may in no case be communicated to third parties without the express written consent of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV. THE SUPPLIER undertakes, for publicity or any other purpose, not to make use of drawings, sketches, photographs or other images of goods or services that have been made for the account of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV and according to data from ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV .
  3. THE SUPPLIER shall keep all company information, financial, scientific or technical information relating to ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV or its affiliated companies to which it has access in the context of the sale of the goods or services to ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV, confidential and will not disclose this information or use it in any way, except with the express written consent of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV.

Force Majeure

  1. Force majeure means all unforeseen circumstances that occur outside the control and reasonable control of one of the parties after the conclusion of the agreement, can not be directly or indirectly attributed to them and have occurred without fault or negligence as in their part or all of them could not be prevented by the party through reasonable care and expertise and, moreover, make the execution of the contract absolutely impossible.
  2. The parties expressly agree that with a case of force majeure is not meant:

- a price increase of the materials

- mandatory wage increases

- lack of staff

- strikes

- breach of contract by third parties engaged by THE SUPPLIER

- technical defects, normal wear and tear or faults of goods and equipment;

- liquidity or solvency problems at THE SUPPLIER

- government measures at the expense of THE SUPPLIER

do not constitute a case of force majeure.

  1. The party that is prevented from carrying out one of its obligations by a case of force majeure shall inform the other party without delay of the events or circumstances which constitute the case of force majeure, the estimated duration of those events, circumstances and their consequences and of the obligations that can not be fulfilled and the expected duration of such non-compliance. The Party must provide this notification within no more than three (3) working days by written notice, after the date on which the force majeure was first established by the Party for the first time. Subsequently, the party that invokes force majeure must keep the other punctual informed of important developments in connection with the force majeure. The party invoking force majeure shall in particular inform the other party of the exact date on which the force majeure no longer exists and of the extent to which the performance of its obligations was adversely affected. The party invoking force majeure must add supporting documentation to this written notice. The burden of proof of the existence of force majeure lies with the party that wishes to invoke it.
  2. If the force majeure lasts longer than thirty (30) days, the other party may enter into the agreement termination by registered letter, without any compensation being due. The existence of force majeure relapses all liability for non - performance of the agreement during the force majeure both of THE SUPPLIER and of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV.

Changes and nullity of the general purchase conditions

  1. The nullity of one or more clauses of the general terms and conditions does not entail the nullity of the whole.
  2. The parties undertake to replace the void clause (s) with a legally valid clause, or clauses, that will correspond to the original intention of the parties and the spirit of the agreement, or will connect as close as possible to them.
  3. ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV has the right to change or supplement the general purchase conditions. Changes and additions to these general purchase conditions take effect thirty (30) days after written notification.
  4. The SUPPLIER acknowledges and accepts that only ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV may be held contractually liable for the performance of the agreement.
    The SUPPLIER expressly waives the right to bring any non-contractual (tortious) claim against the directors, employees, self-employed collaborators, representatives or other agents involved in the performance of the agreement of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF NV for any damage arising from the non-performance or defective performance of the agreement, except in cases of wilful misconduct or where such exclusion is not permitted by law.

Competent court and applicable law

  1. Any dispute between the parties in connection with the interpretation or execution of their agreements shall exclusively fall within the territorial jurisdiction of the judicial district and the department of the place of registered office of ALGEMEEN METAAL CONSTRUCTIEBEDRIJF. However, the latter reserves the possibility to present the case as plaintiff to any other court of his choice. Belgian law applies. The Vienna Sales Convention does not apply. The version in the Dutch language always prevails on all other versions.