Terms and conditions of sale
1. The prices given in our price quotations are binding only if the orders reach us within 30 days.
2. It is not until our company has informed the buyer of its agreement confirmation that the purchases are concluded definitively and the purchases are completed.
3. Any order which we accept must be handed over within three (3) months of the initial delivery or invoiced in its entirety.
4. Goods which cannot be delivered within the agreed period as a result of a refusal on the part of the buyer shall be stored at the buyer’s risk and the storage costs are €10.00 per pallet space.
5. Our sales are deemed as completed at Sint-Baafs-Vijve.
6. The merchandise is therefore deemed as accepted in our factories at Sint-Baafs-Vijve and are shipped at the risk of our buyers, even if the shipment is carriage paid.
7. Additional costs of any kind whatsoever, such as return shipment costs and duties and such like, which are encumbered on the merchandise before its arrival at its destination and which arise after the conclusion of the purchase are charged to the buyer.
8. The buyer declares that it accepts the quality and the quantity of the goods by accepting and taking possession of our delivery note.
9. We reserve the right to replace merchandise which has been legitimately refused. Any signatory of an order form, delivery note, or any other document and any signatory of a document of acceptance of a price quotation or of a request which we accept at a later date, commits itself jointly and severally with the legal entity on behalf of which he or she acts.
10. The client which gives us an order to reproduce a model, design, or any other document is assumed to be entitled to do so; the client alone bears the full responsibility for our complete discharge and acts as surety for us for any claims which third parties could make in this regard.
A) Plans, designs, specimens, printing proofs, and such like, which are not the subject of an order, shall either be charged or returned to us, according to our choice. They remain our property under all circumstances and may not be reproduced. A design is any drawing, illustration, or model whereby we have shaped an idea provisionally or definitively.
B) Costs for amendments to original data from our client which have arisen at their request before o rafter the submission of proofs or specimens are always charged.
C) Designs, films, cutters and images, which we have produced, remain our property, even if the client has taken a share of the production costs; that share in the costs guarantees the client that those materials will be used solely for him or her until the time when they are taken out of circulation for any reason whatsoever.
D) Plans, drawings, printing proofs, films, specimens, and such like from our clients are stored on our premises at the client’s risk.
E) The storage of all those materials is guaranteed until one year after the last time they were used.
12. Neither the uniformity of the colour of the cardboard boxes nor the firmness in the printed colour shades can be guaranteed for several successive orders.
13. The following tolerances are more or less permitted on the ordered quantities: fewer than 500 items: 50%; from 500 to 999 items: 20%; from 1000 to 4999 items: 15%; from 5000 items and above: 10%. These quantities apply per size, per print, per grade, per specimen, per processing, and per delivery. A tolerance of more or less 3mm on each measurement is permitted. This tolerance is still permitted even after the approval of a specimen. Due to the computerisation of our factory processes, it is technically impossible to prevent a number of poor copies being produced. A tolerance of a maximum of 1% per shipment is permitted for this.
14. The stated delivery periods do not apply strictly. A delay in the delivery cannot under any circumstances give rise to a right to refusal, remuneration, or compensation.
15. For sales prices expressed in foreign currencies, the exchange rate on the day of our offer applies, but any later change in the exchange rate can result in a change to the quoted prices.
16. All our invoices are payable at Sint-Baafs-Vijve within thirty days of the invoice date or in cash within ten days subject to a 1% discount on the net price of the merchandise, not including tax. All complaints must be submitted within eight days of the invoice date and must be put in writing on penalty of not being accepted.
17. In the event of any change whatsoever in the buyer’s situation, we reserve the right to declare the transaction void or to demand guarantees. In the event of default on payment of a delivery, we reserve the right to cancel the current orders for the deliveries which still have to be made without any formality and subject to compensation. The sums not paid by the invoice expiry date are legally and without notice subject to an interest rate of 1% per month. Moreover, the default of payment of an invoice shall result in all other sums still owed becoming due. In the event of full or partial non-payment of the debt by the invoice expiry date without good reasons, and after notice of default without effect, the outstanding balance is increased by 15% with a minimum of 50 euros and a maximum of 2000 euros, even if a period of grace is granted.
18. Our general terms and conditions of sale are regarded as accepted unless the buyer sends the vendor a notice to the contrary by registered post within eight days of the current confirmation at the latest.
19. All disputes are governed by Belgian law and shall fall within the exclusive jurisdiction of the Law Courts of our headquarters, namely the Court of Commerce at Kortrijk, the Court of First Instance at Kortrijk, or the Justice of the Peace of the judicial subdistrict of Waregem, depending on the case.
20. In the case of a delivery on pallets, these pallets will be charged at the cost price unless they are returned carriage paid within 60 days of the delivery, unless it is a matter of lost pallets.
21. With the application of the EAN symbol or any other code on packaging, the vendor is obliged to apply the symbol or the code in the prescribed manner and, moreover, to show due regard for the general regulations for the application of the symbol or code. However, in no way whatsoever can liability be accepted with regard to the suitability of the symbol or the code for reading by means of appropriate apparatus for that purpose.
22. If an order is executed in parts, each delivery shall be regarded as a separate transaction with all the related Legal consequences.
A. The vendor retains the right of ownership on all delivered goods until the buyer has fulfilled all its obligations towards the vendor. This means that in the meantime the buyer is not entitled to sell these goods or to give them to a third party as a guarantee.
B. The vendor reserves the right to regard the agreement as rescinded legally and without prior notice of default in the event of the bankruptcy, manifest insolvency and any change whatsoever to the legal and financial state of the buyer and, if necessary, the vendor can claim payment of 15% of the value of the order for all costs incurred.