Terms and conditions of sale
1. We may revise our sales prices automatically in the following cases:
- RAW MATERIALS PRICE INCREASES
- Exchange rate fluctuations affecting the currency in which our raw materials are listed
- Energy price increases
- Replacement of missing raw materials by others, changes of purchasing sources for reasons beyond our control
This list is non-exhaustive.
2. All our deliveries are payable in cash insofar as there is no other written agreement in existence.
3. All agreements entered into by our representatives are only valid subject to our written confirmation.
4. The colour consistency of the printing inks we use, as well as of our cardboard, cannot be guaranteed.
5. Our delivery timeframes are for information only. We cannot in any way be held liable for any damage or loss arising from late delivery. Breakage of machinery, loss of electricity or power, strikes, fire, floods, etc. are considered force majeure situations. This list is non-exhaustive.
6. Goods are sold ex-factory. The purchaser is responsible for transport, even if the goods were sold prepaid at the destination.
7. All goods which cannot be delivered within a certain timeframe for reasons attributable to the purchaser will be stored at the purchaser’s own risk. Storage costs amount to EUR 0.25 / pallet / day as from the first day of storage. Each day commenced will be charged as a full day. We also reserve the right to store said goods in a warehouse at the purchaser’s expense further to written notification by registered letter remaining without effect eight working days after the dispatch date.
8. The following tolerances, plus or minus, are allowable for the quantities ordered: less than 500 items 50%, 500-999 items 30%, from 1000-4999 items 15%, more than 5000 items 10%. These quantities apply per size, per print, per quality, per model, per processing and per delivery.
9. A tolerance of plus or minus 3 mm is allowed for each dimension. This tolerance remains permitted even after approval of a model.
10. A tolerance of approximately 8% on the gram weight of the originally-intended components is allowed.
11. Due to the automation of our manufacturing processes it is technically impossible to avoid producing a number of poor items. A tolerance of at most 1% per order is allowed to cover this aspect.
12. All our work is executed at the client’s own risk. The client is solely liable with respect to us and third parties in the case of litigation pursuant to the counterfeit production of patented packaging.
13. A) Plans, drawings, models, printer’s proofs, etc. that are not the subject of an order will be charged or returned in accordance with our instructions. B) Dies and printing stamps made by us remain our property, even if the client has partially contributed in the costs thereof.
C) Participation in the costs guarantees the client that these materials will be used exclusively for that client, until such time as they are taken out of circulation for whatever reason.
D) Storage of these materials can only be guaranteed up to one year after the last use thereof.
E) Plans, drawings, printer’s proofs, film, models, etc. belonging to our clients remain on our premises at clients’ own risk.
14. Any complaint regarding a shipment must be made within eight days of the date indicated on the waybill or dispatch note. In the case of faulty delivery, our liability is limited to the replacement of that part of the shipment which is the subject of the complaint within our normal delivery timeframes. Regardless of the consequences of the faulty delivery, no claim may ever be made for compensation for damages.
15. If a delivery needs to be returned, we can only accept the return of the goods if the pallets are accompanied with the original pallet labels. This is required for our follow-up as well as for the BRC certificate.
16. This invoice is payable in Hooglede. In the case of full or partial failure to pay the amount due on the due date, the invoice amount will be increased, automatically and without notice of default, with interest at the rate of 12% per annum as from said due date. Unless a specific due date is mentioned, this will be presumed to be the same date as the invoice date. In the case of full or partial failure to pay the amount due on the due date without compelling reasons, after notice of default remaining without effect, the amount due will be increased by 12% with a minimum of EUR 50 and a maximum of EUR 2,500, even if a grace period has been granted.
17. The seller retains ownership of all goods delivered for as long as the purchaser has not met all its obligations towards the seller. This means that in the meantime the purchaser is not entitled to sell such goods or to give them to third parties as a guarantee.
18. Any disputes that may arise will fall under the jurisdiction of the courts of Kortrijk.
19. We take no account of purchasing terms and conditions printed on letters or other documents issued by our clients. Upon ordering, every purchaser declares to have read and accepted our terms and conditions of sale.
20. The Belgian courts have jurisdiction. The applicable law is the Belgian law. Only the courts of the seat of the seller shall have the authority