General Terms and Conditions of Business
1. General and special terms and conditions of the other contracting party, which are contrary to our general and special terms and conditions shall not bind us, unless expressly accepted by us in writing. The other contracting party is assumed to have taken note of our terms and conditions and to have accepted them if we have not received any written counter-notification within eight days of our order or our order confirmation stating our general and special terms and conditions.
2. Price offers are always without obligation on our part. Orders placed with us by our customers shall only bind us by our written order confirmation. If we do not receive written comments within eight days, only the details of this order confirmation shall be valid. Our orders to suppliers bind us only by our written confirmation. If no order confirmation is sent to us by the supplier within eight days, only the details of our order shall be valid.
3.The costs for design, composition, drawing, photogravure and printing are not included in our prices. The amount charged to the customer is only a portion of the total cost. Design, composition, drawing, photogravure and clichés remain our property at all times.
4.For goods, which are to be custom made according to the customer's specifications, we reserve the right to deliver 10% more or less than the quantity ordered.
5.The transfer of risk over the goods takes place in our warehouses, which are also the agreed delivery conditions. The cost of delivery is borne by the other contracting party, unless explicitly stated otherwise in our order confirmation or order. Then these costs are contained in the price or explicitly mentioned on our order confirmation or our order. The transfer of ownership over the goods only takes place at the moment of full payment of the agreed price and that in deviation from art. 1583 B.W. Until that moment we reserve the right to take back the delivered goods at the expense of the customer. The customer undertakes to indemnify us in this right and to notify us immediately of any restrictions (e.g. seizure).
6. Our delivery deadlines are only confirmed by way of indication and are not binding. A deviation from these delivery deadlines can at no time give rise to any damages or dissolution of the contract.
7.The packaging loaned by us free of charge or packaging with a deposit remains our property.
8. Our products should be stored clean and dry, protected from sunlight and other weather elements. In some cases additional instructions may be given.
9. Complaints about visible defects and/or characteristics which do not conform to the agreed specifications, which are not submitted immediately and confirmed by registered letter within eight days after the discovery of the defect or after the time when the defect should reasonably have been discovered, are inadmissible in application of art 1648 of the Civil Code. At all times, the complaining party must take all necessary measures to limit any damage and to allow an examination in the presence of both parties. If this is not done, the liability of the other contracting party lapses. After a period of three months from the date of our delivery, we are no longer responsible for defects in our products. In case of non-compliance with instructions, our liability about the quality of the goods expires. In any case, our warranty is limited to, at our option, the free replacement or reimbursement of the goods recognized as defective.
10. All invoices are payable at Haacht, within eight days of the invoice date. Other conditions must be explicitly mentioned on our order confirmation or our order.
11.If there is a change in the commercial or financial condition of the other contracting party, we reserve the right to terminate the contract without cost or demand guarantees.
12. Default or default of payment entitles us to terminate ongoing contracts without cost to us. In addition, we may claim damages. Non-payment of an invoice shall by law entail the immediate exigibility of all other amounts due. Invoices not paid on the due date will be increased by right and without notice with a compensation of 10% of the invoice amount with a minimum of 125€ and with an interest of 12% per annum.
13. War, mobilization, labor strikes, machinery breakdowns, fire, transportation interruptions that prevent or limit the manufacture or shipment of the goods are considered cases of force majeure and give us the right to break the contract or suspend its performance at no cost. We cannot be obliged to pay any compensation for costs, difficulties, delays, loss or impossibility of delivery caused by restrictions or prohibitions by the Belgian or a foreign government. The other contracting party is bound to indemnify us for the consequences of international, national, regional, general or sectoral restrictions or prohibitions of which it can reasonably be deemed to be aware, and which were not expressly communicated to us in writing at the time of the order or order confirmation.
14. All our agreements are governed by Belgian law. All disputes concerning the execution or interpretation of the agreements will fall under the exclusive jurisdiction of the courts in Leuven, as well as the Vredegerecht in Haacht. If the other contracting party is established, or has its registered office abroad, we reserve the right to appeal to the courts of the place of establishment of the other contracting party.