These general terms and conditions will apply to all our quotes and agreements and the general terms and conditions of the client/principal are explicitly excluded.
Article 1 – Payment
At the time of ordering, the supplier may ask for an advance payment of 1/3 of the order amount, the same advance payment when transferring the finally improved proofs or the ‘Ready for Print’ and the remaining amount at the time of delivery. The bills of pay, cheques, mandates or receipts do not result in a renewal, nor deviation. In case of invoicing of one or more deliveries in reduction from an order not fully delivered, the principal cannot invoke this in order to delay his payments until after complete delivery.
Article 2 – Due date
The invoices are due on the due date at the company of the supplier at the latest. When an invoice is not paid in time, by operation of law and without prior notice of default, an interest is due in accordance with the Act regarding the combating of late payment in commercial transactions (02/08/2002), as well as compensation to cover the collection costs, conventionally set at 10% of the outstanding debt with a minimum of 75.00 EURO. The supplier has the right to claim a higher compensation if he can prove that he suffered a greater damage. In addition, the supplier is entitled to demand immediate payment of all other invoices not yet due and of all amounts for which the supplier has granted suspension of payment to the client/principal. Moreover, in that case, the supplier is entitled to suspend the execution of current contracts until aforementioned advance payments and all due outstanding amounts have been paid in full.
Article 3 – Right of retention – retention of title
The supplier retains the right of ownership on the goods to be delivered until the full price has been paid. Additionally, the supplier may exercise a right of retention on all raw materials, documents, elements required for the production, items, merchandise or required materials which were delivered by the principal in order to carry out the assignment or performance and this applies also to all documents or matters which have been realized as a result of the assignment. The principal will only become owner of the sold goods once the due sums have been paid in full. The risks that the goods might incur or which are related to the storage of the goods at the supplier’s, however, will be borne by the client/principal.
Article 4 – Complaints – protest
At the risk of forfeiting all rights, the client/principal must submit any complaint or protest to the supplier no later than 8 days after receipt of the first delivery of goods by means of registered mail. If the principal does not accept the delivery of the goods, the 8-day term will start from the date of the invitation to accept the goods. In the event of absence of an invitation to accept the goods, as from the invoice date. If the supplier has not received a complaint within this 8-day term, this will result in the principal having accepted all goods in full. If the principal uses or distributes a part of the delivered goods (in whatever manner) or has it handed over to a distribution company for distribution, this can be construed as acceptance of the full press run by the principal. Defects to a part of the delivered goods do not entitle the principal to reject the entire order. At the risk of forfeiting all rights, the principal must submit any complaint or protest with regard to the invoice of the ordered goods to the supplier no later than 8 days after receipt of the invoice by means of registered mail. In the case of failure, the principal is deemed to have accepted the invoice. The responsibility of the supplier is limited to taking back nonconforming copies, which shall be counted at the price of the additional copies.
Article 5 – Jurisdiction
Any conflict with regard to the entering into, validity of, interpretation of or execution of the order or agreement and of the agreements resulting from this and any conflict with regard to the invoicing of the supplier is governed by Belgium law and will come solely under the jurisdiction of the courts of the area in which the company of the supplier is established.
Article 6 – Copies
The supplier may supply and deliver 10% more or less than the number of copies ordered. The reduction or increase in the number of copies shall be charged at the price of additional copies.