Terms & Conditions

AMS Chemicals BV
Krimperslaan 6
9140 Temse
Belgium
VAT: BE 0760.804.256

1. General provisions

These general terms and conditions apply to all offers, quotations, order confirmations and agreements between AMS Chemicals BV (hereinafter: AMS Chemicals) and the customer. By placing an order, the customer accepts these terms in full.

These terms apply exclusively to transactions between businesses (B2B). AMS Chemicals does not supply to consumers as defined under Belgian consumer protection law.

Any deviating conditions of the customer are expressly rejected unless AMS Chemicals has accepted them in writing. In the event of a conflict between these terms and a signed agreement, the signed agreement prevails.

2. Offers and order confirmation

All offers and quotations issued by AMS Chemicals are non-binding unless explicitly stated otherwise in writing. An agreement is only formed upon written order confirmation by AMS Chemicals.

AMS Chemicals reserves the right to refuse orders without stating reasons.

3. Prices and payment

Prices are quoted in euros, exclusive of VAT and any applicable duties, taxes or levies, unless stated otherwise. Prices apply to the quantities and delivery conditions specified in the quotation or order confirmation.

Payment is due within 30 days of the invoice date, unless otherwise agreed in writing. In the event of late payment, statutory interest under Belgian law applies automatically and without prior notice, together with a fixed compensation of 10% of the invoice amount, with a minimum of €150, as permitted under the Belgian Act of 2 August 2002 on combating late payment in commercial transactions.

AMS Chemicals reserves the right to suspend delivery if outstanding invoices remain unpaid.

4. Delivery

Delivery takes place under the conditions agreed per order confirmation. Where no specific Incoterms are stated, delivery is EXW (Ex Works) Temse, Incoterms 2020.

Delivery times are indicative. AMS Chemicals will endeavour to meet agreed delivery schedules but accepts no liability for delay unless caused by wilful misconduct or gross negligence on its part.

Risk of loss or damage transfers to the customer at the point of delivery as defined by the applicable Incoterm.

5. Products and documentation

AMS Chemicals supplies fuel additives for petroleum, marine, aviation and industrial fuel applications. Products are supplied in IBC, drums or bulk as agreed per order.

AMS Chemicals provides Safety Data Sheets (SDS), Product Data Sheets (PDS) and Technical Data Sheets (TDS) for each product supplied. It is the customer's responsibility to ensure that products are handled, stored, dosed and used in accordance with the applicable documentation and all relevant regulations.

AMS Chemicals operates under ISO 9001 quality management. Product specifications are those stated in the applicable PDS or TDS at the time of order. Minor variations within specification tolerance do not constitute a defect.

6. Complaints and returns

The customer must inspect deliveries upon receipt. Visible defects or shortages must be reported in writing within 5 business days of delivery. Hidden defects must be reported within 14 days of discovery and no later than 6 months after delivery.

Returns are only accepted with prior written consent from AMS Chemicals. Products that have been opened, mixed or used cannot be returned.

7. Liability

AMS Chemicals' liability is limited to direct damages and capped at the invoice value of the order to which the claim relates. AMS Chemicals accepts no liability for indirect or consequential damages, including but not limited to loss of profit, loss of production, damage to third-party property or claims arising from incorrect application of the product.

This limitation does not apply in cases of wilful misconduct or gross negligence by AMS Chemicals.

The customer is solely responsible for verifying that the product selected is suitable for the intended application, fuel type and regulatory context. Product selection guidance provided by AMS Chemicals is advisory and does not transfer responsibility for final application decisions.

8. Force majeure

AMS Chemicals is not liable for failure to perform its obligations where such failure results from circumstances beyond its reasonable control, including but not limited to natural disasters, war, strikes, supply chain disruption, regulatory restrictions or transport failures. AMS Chemicals will notify the customer promptly and endeavour to resume supply as soon as reasonably possible.

9. Intellectual property

All documentation, data sheets, technical information and other materials provided by AMS Chemicals remain its intellectual property or that of its suppliers. The customer may use such materials solely for the purpose of the relevant order and may not reproduce or distribute them without prior written consent.

10. Confidentiality

Both parties agree to treat as confidential any non-public information received in the context of their commercial relationship and not to disclose it to third parties without prior written consent, unless required by law or a competent authority.

11. Data processing

Personal data collected in the context of an order or enquiry is processed in accordance with AMS Chemicals' Privacy Policy, available at ams-chemicals.com/privacy-policy. AMS Chemicals processes personal data in compliance with the General Data Protection Regulation (GDPR) and applicable Belgian data protection law.

12. Applicable law and jurisdiction

These terms and all agreements between AMS Chemicals and the customer are governed exclusively by Belgian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Any disputes arising from or in connection with these terms or any agreement shall be submitted exclusively to the competent courts of the judicial district of Ghent (Ondernemingsrechtbank Gent), unless mandatory law requires otherwise.

13. Miscellaneous

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force. The invalid provision will be replaced by a valid provision that most closely reflects the original intent.

AMS Chemicals reserves the right to amend these terms. The version in force at the time of the order confirmation applies to that order.