Terms and Conditions
General conditions for the sale of goods and the provision of services
Article 1: Application
1.1. In the absence of written, expressly deviating special conditions, our contractual relationships with the customer are exclusively governed by these general terms and conditions, of which the customer acknowledges to have taken note. Any deviation from these general terms and conditions must be expressly confirmed by us in writing and will only apply once.
1.2. The possible ineffectiveness of one of these general terms and conditions does not affect the validity of the other provisions, which remain in full force. Failure to exercise any of our rights under these terms and conditions, or any part thereof, can never be considered by the customer as a waiver to exercise such right or any part thereof.
Article 2: Formation of the contract
2.1 An order and / or order confirmation issued by the customer is only binding on us insofar as we have expressly confirmed it in writing. Every order and / or order confirmation from the customer irrevocably binds the latter if the customer cancels his order and / or order confirmation for whatever reason, we will be entitled to compensation of 10% on the price stated in the order, without prejudice to our right to to claim compensation for our actual damage if it turns out to be higher.
2.2 Our offers are always without obligation. We are therefore always entitled to refuse an order and / or order confirmation from the customer, even if it is based on our quotation.
2.3 We are entitled to change the prices and characteristics of our equipment as stated in our offers, rates and prospectuses at any time. We will notify the customer in writing of such a change.
Article 3: Payment
3.1 We charge a lump sum of Euro 3.72 on each individual order of less than Euro 49.58 to cover our administration costs.
3.2 Unless otherwise agreed in writing, all our invoices are payable by contact without discount, and this in the currency indicated in the invoice. The customer is not entitled to rely on any deduction, reduction or set-off.
3.3 No complaint with regard to the sold goods or with regard to the services provided gives the customer the right to withdraw from his payment obligations.
3.4 All duties and taxes of any kind, including any new taxes introduced during the performance of the contract, are borne by the customer. All costs associated with our collection of invoices (bank charges, exchange charges and others) are also borne by the customer.
3.5 Any invoice unpaid on the due date will be increased by operation of law and without prior notice of default, from this due date by a conventional interest of 1.5% per month on the amount due. Any late payment will in addition, by operation of law and without prior notice of default, by way of compensation, give rise to the payment by the customer of a fixed compensation amounting to 15% of the amount due, with a minimum of Euro 37.18 per unpaid invoice, without to prejudice our right to claim compensation for our actual damage if it exceeds the lump sum compensation.
Article 4: Delivery and / or execution times
4.1 Each delivery and / or implementation period stated by us is purely for information purposes. Late delivery or performance can under no circumstances give rise to termination of the contract by the customer, nor to any compensation on the part of the customer.
4.2 If the contract relates to the sale of different goods or the performance of different services, this delivery or performance may take place in whole or in part. In the event of partial delivery or performance, the customer is obliged to pay the related invoice as if it were a separate contract.
Article 5: Force of the majority
5.1 In case of force majeure, our delivery, performance and other obligations will be suspended. In that case, we are only obliged to deliver the ordered goods or to perform the ordered services as soon as this is reasonably possible.
5.2 Unforeseen circumstances with regard to persons and / or material that we use or normally use in the performance of the contract are equated with force majeure, which are of such a nature that the performance of the contract is impossible or so burdened and / or becomes disproportionately costly that prompt compliance with the contract cannot reasonably be required of us. Are therefore regarded as force majeure, without this list being restrictive, strikes, company blockades, illness of personnel, business disruptions, lack of raw materials, semi-finished products, materials, auxiliary materials and / or energy, delayed or non-delivery by suppliers, transport disruptions and import and export restrictions.
5.3 If we have already partially fulfilled our obligations when the force majeure commences, we are entitled to invoice separately for the goods already delivered or services performed and the customer is obliged to pay this invoice as if it were a separate contract.
Article 6: Express resolutive clause
6.1 Without prejudice to our right to compensation, in the event of non-payment on a single due date or non-compliance with any other contractual obligation by the customer, if the customer requests a postponement from one or other of his creditors, or if the all or part of the goods of the customer is seized at the request of a creditor, entitled at our discretion either to suspend the performance of the contract or to dissolve the contract by operation of law by mere sending by registered mail letter.
Article 7: Applicable jurisdiction
7.1 Our contract with the customer is subject to Belgian law.
7.2 All disputes regarding the interpretation or performance of our contract with the customer will be settled exclusively by the court of Antwerp. However, we have the right to bring the dispute before the court of Turnhout.
Article 8: Additional general terms and conditions for the sale of goods
In addition to terms 1 through 7 above, the following general terms and conditions apply to our sale of goods to a customer:
8.1.1 Unless otherwise stipulated, all our prices are “free place of delivery”. If the customer requests us to do so, we can put the customer in contact with an operator, without this resulting in any liability for us.
8.2 Customer obligation to return in case of dissolution
8.2.1 If we dissolve our contract with the customer in application of article 6 of these general terms and conditions, the customer undertakes to return the goods already delivered by us within 24 hours. In case of non-return within this period, we will be allowed to take back the delivered goods, wherever it may be, without any judicial formality or intervention. The customer declares that he has already given us permission to do so.
8.3 Delivery - transfer of ownership - transfer of risk
8.3.1 The acknowledgment of receipt or the duplicate delivery note signed by the customer or the recipient is sufficient proof of the delivery of the goods to the customer.
8.3.2 Goods are delivered at our registered office. The full risk of the goods is transferred to the customer from the time of delivery.
8.3.3 The customer is obliged to insure the delivered goods at his own expense against the usual risks, as long as these goods are our property. In the relevant insurance policies, the customer will designate us as the beneficiary of any damages. At our first request, the customer will provide us with a copy of the relevant insurance policies.
8.3.4 As long as the customer has not fulfilled all his payment obligations towards us arising from the contract, the goods delivered by us remain our exclusive property.
8.4.1 Any complaint regarding missing objects, non-compliant delivery or visible defects must, under penalty of forfeiture, be notified to us by registered letter within two working days after delivery of the relevant goods.
8.4.2 Complaints about hidden defects must, under penalty of forfeiture, be notified to us by registered letter immediately after their discovery and no later than six months after delivery of the relevant goods by the customer. Legal actions based on hidden defects must also, under penalty of inadmissibility, be instituted within a period of six months after their discovery.
8.5.1 For six months from the date of delivery, the goods delivered by us are guaranteed against any functional inadequacy resulting from any defect, insofar as the aforementioned defect existed at the time of delivery to the customer.
8.5.2 Our warranty does not apply if the defects are the result of incorrect or improper storage or use of the goods by the customer or by third parties, or of incidents caused by coincidence, force majeure or by third parties, or if the customer changes the goods. has exported goods on his own initiative without our prior agreement.
8.5.3 Our warranty does not apply to 1 °) second-hand machines, 2 °) parts in rubber, PVC, or on the basis of these substances and 3 °) lamps and lenses in general.
8.5.4 In the event of liability for delivery of defective goods, we will choose 1 °) to have the goods returned to us at our expense for repair or replacement, or 2 °) to repair the goods on site during working hours, or 3 °) take back the defective goods and refund them to the customer. Our liability is strictly limited to the foregoing. All other claims or claims of the customer or of third parties, including reimbursement of costs, damage and interest due to personal accidents, damage to movable or immovable property, prejudice to business interests and loss of profits, any indirect or consequential loss, any loss of turnover or profits, either directly or indirectly caused by the customer or third parties are excluded.
8.5.5 The customer is obliged to indemnify and hold us harmless against claims brought against us by third parties, including claims for damages under the Law of 25 February 1991 on liability for defective products, which are directly are related to our contract with the customer, and in respect of which we are not liable to the customer in application of these general terms and conditions.
Article 9: Additional general terms and conditions for the performance of services
In addition to the aforementioned general terms and conditions 1 to 7, the following general terms and conditions apply to our performance of services for the customer:
9.1.1 We cannot under any circumstances be held liable for any indirect or consequential loss, or for any direct or indirect loss of sales, profits, or any commission, even if we have been advised of the possibility of the occurrence of such damage.
9.1.2 In all cases in which we are liable to the customer as a result of the performance of services, our liability is limited to Euro 4,957.87 per claim.
9.1.3 The customer is obliged to indemnify and hold us harmless against claims brought against us by third parties, which are directly related to our contract with the customer, and in respect of which we are not liable to the customer upon application. of these general terms and conditions.
Article 10 : Examination of Goods, Acceptance, Return, and Cancellation
10.1 Should Purchaser discover any deficiency in quantity or quality of the goods, Purchaser shall report such deficiency promptly to Supplier in writing detailing the full particulars of any deficiency. Unless appropriate notice is given, Purchaser shall be conclusively deemed to have inspected and accepted the goods within thirty (30) days after receipt.
10.2 Purchaser may not return any goods, under warranty claim or otherwise, without first reporting to Supplier the reasons for such return and first obtaining and then observing such reasonable instructions as Supplier may give in authorizing any return.
10.3 In the event Purchaser desires to cancel an order, Supplier may accept such cancellation in its sole discretion; however, such cancellation, modification, or suspension of order will not be accepted on terms that will not fully indemnify Supplier against its loss, including recovery of all direct costs incurred, including normal indirect and overhead charges. However, Supplier shall make commercially reasonable efforts to mitigate such costs incurred.5.4. Supplier strictly adheres to the following cancellation policy: if Purchaser cancels the order after Supplier has received a signed quotation or a company purchase order from Purchaser, Purchaser will be subject to a 40% cancellation fee of the total order amount.If Purchaser cancels the order after Purchaser has approved the database and/or layout,and/or Supplier has sent the order confirmation, and/or after Supplier has purchased label materials or production materials specifically for said order, Purchaser will be subject to a 75% cancellation fee of the total order amount.If Purchaser cancels the order after production of the order has commenced and/or after Supplier has finished production and the order is ready for shipping, Purchaser will be subject to a 100% cancellation fee of the total order amount.