Unless otherwise agreed upon in writing, all transactions or services carried out by, and agreements with, our company are subject to these General Terms and Conditions and governed by Belgian law.
In this document, the term “Client” refers to the party placing the order and “Supplier” refers to the party receiving and executing the order.
The Client declares that it has read and understood the provisions and that it accepts them fully and without reservation. These Terms and Conditions prevail over the terms and conditions established by the Client, unless the Supplier expressly agrees to these conditions in writing. If a clause of these Terms and Conditions is declared invalid, the remainder of the clauses shall continue to be binding upon and applicable to the Client and the Supplier.
A Client which requests the Supplier to deliver a test piece, model, design or any other type of preliminary work, without explicit reservation, commits to then entrust the work to the Supplier or to compensate it for the work delivered.
Any quotation provided is only applicable for the number of copies originally requested.
Copyrights are never included in the delivered designs. As such, the models, sketches, interpretations and so forth provided by the Supplier remain the property of the Supplier. The Client may not demand the transfer of these before or after delivery of the work.
Changes to salaries, social benefits and contributions, fluctuations in the prices of raw materials, currency fluctuations, index fluctuations and other unforeseen circumstances occurring at the time of the quotation or of the Client’s acceptance entitle the Supplier to make appropriate price adjustments.
Persons who request the execution of an order or assignment are presumed to be authorised to do so. In the event of this not being the case, the Supplier rejects all liability towards third parties. The Client is also responsible for paying invoices, even if the Client requests that invoices be sent to a third party and the Supplier has consented to this request.
The Client is also liable for violations of legal provisions relating to copyright, reproduction, artistic or industrial property, unfair competition, protected products and so forth when placing an order. The Client expressly indemnifies the Supplier for all ensuing financial or legal consequences.
The Supplier disclaims all liability for delays in the work caused by the late delivery of drawings, models and so forth by the Client. This also applies to any suspensions of work required for modifications. If the assignment is terminated at any given stage of completion, the Supplier has the right to charge all costs incurred up to that point, including the costs of restocking or purchasing the materials required to execute the agreed assignment.
If the Client fails to deliver models and so forth on time or fails to place an order on time, this may result in the postponement of the delivery deadline and increased costs.
For delivery deadlines expressly stipulated and confirmed in writing when the order is placed, the start of the delivery period begins on the first business day following the handing over of all materials and documents necessary to start work.
If the Client requests a shorter deadline than normally set, a surcharge shall be applied.
The Supplier is not obliged to store goods or materials belonging to the Client. If the Supplier agrees to store materials for the Client, a surcharge may be applied as per the importance of the items.
The Supplier must comply with certain conditions that apply to suppliers when storing materials. These conditions also apply to the Client with regard to colour deviations, quantities and so forth.
Small deviations are always permitted:
maximum tolerance of 10% above or below the requested quantity of copies depending on the size of the order, small deviations in the colour, clarity, smoothness, appearance and uniformity of the produced products, even if the deviations occur within the same delivery or batch or parts thereof;
for complicated or difficult finishes, an increase in the tolerance percentage is permitted since perfect consistency of the colours to be reproduced cannot be guaranteed owing to the manufacturing techniques and the variability of materials. The Client must allow for slight deviations.
The delivery takes place from the Supplier’s location. Packaging costs and transportation costs are borne by the Client. For free delivery, the cheapest transport arrangements shall always be made. If the Client prefers a different arrangement then the additional costs are borne by the Client.
Goods are always transported at the risk of the Client. The Supplier cannot be held liable for delays unless the delay is caused by the Supplier, its employees or agents.
The receipt of goods without any annotation on the delivery note is regarded as proof that the delivery was received in good condition.
Under penalty of loss of rights, any complaints must be sent by registered post within 8 days following receipt of the goods. If a Client fails to inspect the condition of the delivery within this eight-day period, it shall be presumed that the delivery was received as per the order. Claims for hidden defects must be submitted within a short period of time.
If the Client fails to accept a delivery, the period of eight days begins once the delivery has been received or a delivery note, dispatch document, etc. or, failing that, the invoice, has been received.
Partial use of the delivered item is equivalent to acceptance of the full item. Defects present in part of the delivery do not give the Client the right to reject the entire delivery. The Supplier reserves the right to replace any defective work with corrected work.
The liability of the Supplier is limited to the reimbursement or partial reimbursement of the compensation it received for the non-conforming part of the order. The Supplier rejects all other liability, including liability for any damage caused by the delivered or sold products to persons or goods.
The Supplier has the right to request an advance payment of a third of the total price when each order is placed, to request the payment of another third when production is ordered, and to request the payment of the remaining balance when the goods are delivered.
The invoice is payable on the agreed due date, at the Supplier’s place of residence. Bills of exchange, cheques, mandates or receipts and so forth do not waive this requirement.
Receipt of the invoice automatically implies a notification to pay in accordance with article 1139 of the Civil Code, without requiring a contract. From the due date of any unpaid invoice, such invoice automatically accrues, without a reminder or notice of default, interest of 1% per month payable by the Client.
Failure to pay an invoice within fifteen days following the registered sending of a reminder results in an increase of 10% of the invoice amount, by a minimum of EUR 75 and a maximum of EUR 75,000.
If an invoice for one or more partial deliveries is issued, the Client cannot claim the right to defer payment until the full order has been delivered.
If the Client fails to pay the invoice or one of several invoices by the due date, the Supplier reserves the right to demand immediate payment of all outstanding receivables and to cancel any open orders or terminate any contracts still in force.
If the order is cancelled at the request of the Client or if execution is suspended, invoicing shall be carried out on the basis of the work completed up until the cancellation or suspension.
Any dispute arising out of this agreement shall be exclusively settled by the courts of the district where the Supplier’s company has its registered office. This applies equally to summary proceedings.
Any disputes arising out of this agreement shall be governed exclusively by Belgian law.