I – GENERAL
The stipulations in our general conditions form an integral part of all our commercial transactions, independently of any subsidiary or contradictory clauses communicated by our contracting parties, except our explicit and written acceptance on our part.
By receiving this document, the contracting party acknowledges having read all the conditions and having agreed to them without reservation, even if they are in contradiction with its own conditions of purchase, except for a dispute to be formulated in writing within 5 working days from the first communication of these conditions. The nullity of a clause, in whole in part, does not entail the nullity of the other general conditions.
II – CONTRACTS
All our proposals, catalogues, brochures, price lists and miscellaneous information provided to the customer do not constitute offers and are made without any commitment on our part.
An agreement is only concluded with us and only comes into being after we have accepted or confirmed an order expressly and in writing.
III – PRICES
All our offers and prices are calculated at current prices applied by our own suppliers and at current foreign currency rates. We reserve the right to adapt the selling prices in the event of an increase in the prices applied by our suppliers, in the event of monetary fluctuations, in the event of increases in tax rates, as well as in the event of non-compliance of the contract for repurchase of the quantities committed.
IV – DELIVERIES
We reserve the right to deliver the quantities ordered with a margin of 10% more or less, depending on the manufacturing result.
The delivery times indicated are given only approximately and without guarantee of supply on a fixed date. The expiry of this period does not cancel the market for the benefit of the buyer and no penalty or damage for delay may be imposed on us.
If, following unforeseen circumstances, we are prevented from respecting our commitments, we have the choice of suspending the execution of the contract as long as these circumstances persist or of terminating the agreement by simple written communication to the customer and without payment of compensation. Defects in machinery and equipment, strikes and lack of transport equipment with us or with our suppliers will always be considered as cases of force majeure.
V – RESPONSIBILITY AND COMPLIANCE
We cannot be held responsible for loss or damage resulting from the use of the delivered goods.
The customer is responsible for the compatibility of the packaging with the product to be packaged, at the time of delivery. In addition, the customer meets the conditions of packaging and handling of the goods in its workshops and during transport.
We can in no way be held responsible for goods delivered by our suppliers or subcontractors which have not been manufactured by us. The customer is deemed to have carried out the usage tests for which we make, for this purpose, free of charge and on request, samples at his disposal, as well as technical data sheets.
Our liability for damage shall in no event exceed the purchase price of the goods in dispute.
VI – PAYMENT
Our invoices are payable in cash at our head office. In the absence of payment on the due date, the invoice will be increased automatically and without formal notice by late payment interest of 12% and a lump sum indemnity of 15% with a minimum of 124 Euro.
VII – COMPLAINTS
The customer is required to carry out a thorough check on all deliveries. Any complaint must be communicated to us within eight days after receipt of the delivered goods. A complaint can only be opposed if it has been made by registered letter with indication of all the data which appear on the label – delivery note – invoice.
By any signature for receipt of the goods, whether on a delivery note, a dispatch note or any other document, the customer acknowledges having carried out the check on the quantity of the goods delivered.
Filing a complaint does not release the customer from his payment obligations.
VIII – CANCELLATION
In all cases where the agreement is canceled by order or at the expense of the customer, the latter undertakes to pay us a lump sum corresponding to 20% of the agreed price, as compensation for loss of profit, unless until the damage is proven to be greater. If the goods sold are already in production, we are entitled to full compensation, since each refusal to collect constitutes a total loss for our company.
Nevertheless, we will always have the right and the choice, either to require the resolution with compensation, or the forced execution.
IX – ACCESSORIES. CLICHES
The equipment, accessories or miscellaneous objects that customers entrust to us are always kept or used without any guarantee on our part. Photographs, engravings, papers, films, etc. which are transmitted to us in any capacity whatsoever, They are at the risk and peril of their owner. We are not responsible for the use, custody or refusal to return these items by our suppliers.
X – TRANSFER OF OWNERSHIP OF RISKS
The goods remain our property, regardless of their delivery, until full payment of the invoices, including costs and interest. In the event that the goods have been resold by the buyer and have been partially or entirely delivered before payment of the amounts due to us has taken place, we retain our rights to the proceeds of the sales or to the claim resulting from these sales. ; this without prejudice to our right to cancel the resale or to consider it as non-opposable to us.
The transport of goods is always at the risk and peril of the buyer and without liability for our company, even in the event of free sale, We assume no liability for loss, theft, damage and others, which may for any reason whatsoever or occur during transport. Transport risk insurance will only be contracted at the written request of the customer and at his expense.
XI – DISPUTES AND JURISDICTION
The Courts of Brussels or possibly the Justice of the Peace of the Canton of Wolvertem will have sole jurisdiction to take cognizance of all disputes between the parties.