General Conditions

1.Principles
Unless other stipulations have been explicitly accepted in writing, the general conditions below are applicable to all our contracts. The opposite party accepts, for every order or other commercial relation, the exclusive application of these conditions, whatever his/her own conditions are. Consequently, the conditions formulated by the opposite party, which derogate from the conditions below, cannot be relied upon against us.

2.Formation of contracts
All our price listings, brochures, catalogues and other information which are provided by us, are only communicated as an indication. The prices mentioned on the standard price lists are excluding VAT. The contracts only come into existence upon our explicit written acceptance of the assignment or order.

3. Cancellation
When the opposite party wishes to cancel the contract for whatever reason (incl. force majeure and act of God), we will be at liberty, either to demand execution of the contract or to claim damages. The damages will amount at least to the sum of all costs already made by us or already due, increased with a compensation of 25% of the value of the assignment and/or order with a minimum of EUR 200,-. When the value mentioned above is unknown, the sum of all already made and due costs will be increased with a compensation of EUR 400,-.

4. Delivery
The delivery is free destination Benelux and ex works for the other companies. Carriage of the goods always takes place at the risk of the opposite party, even when they are sold free destinations. When goods are delivered by us on (Euro)pallets, then they need to be exchanged upon delivery by similar (Euro)pallets. When no exchange takes place, we will invoice the (Euro)pallets..

Delivery times are only provided by way of information and do not bind us. Therefore non-compliance with the times provided by us will not give the right to claim any damages, nor to cancel the contract.

We are always entitled to effect partial deliveries. Additional costs for documents and export formalities will be charged to the customer.

5. Reservation of title
As long as the delivered goods are not fully paid, they remain our property. The risk of the goods however, is always carried by the opposing party.

6. Payment conditions
All our invoices are payable on 30 days after date of invoice, at our registered head office. With exception of the first two deliveries which need to be paid in advance. Payment of the personalised labels should also be made in advance, on approval of the printer’s proof. Any invoice which is not fully paid at its maturity date, shall bear by right and without previous notice, an interest of 12% per year. At the same time, a fixed compensation shall be due equal to 15% of the total unpaid invoice amount with a minimum of EUR 200,-.

The non-payment of an invoice at its maturity date or any other indication of insolvency of the opposite party, e.g. protestation of cheque or bill of exchange, the non-payment of social security charges or VAT, application for winding-up proceedings or bankruptcy, shall bring all debts to maturity by right even those that are not due yet. The execution of all current contracts can be suspended or terminated by us without previous notice and without right to claim damages for the opposite party. In case of termination, the opposite party shall also be liable to pay damages equal to those mentioned under section 3. Cancellation, and such damages shall at least be equal to the loss that we have suffered effectively.

7. Complaints
Any claim shall become void unless a complaint or protest has been sent by registered mail, within six days after delivery, to the address of our registered head office. Even in case of timely complaint or protest, we shall be relieved of any liability when we have not been given the opportunity to examine the goods. To this effect the disputed goods must be returned free destination, to our warehouses in their original state and packaging, with the indication of the number and date of the concerned invoice.

In addition, we shall be relieved of any form of liability in case of apparent defects and/or when the goods have already being treated and/or processed.

When a complaint regarding defective goods is recognized in law or between the parties, our liability shall not exceed the proportional
reimbursement or exchange of the disputed goods. We can never be held liable for whatever further direct or indirect damages.

8. Disputes
The Courts of Antwerp shall have exclusive jurisdiction in respect of any dispute and Belgian law shall always be applicable.