Liefer- und Zahlungsbedingungen

1 Offers.

• Our offers are without obligation and are in no way binding on our company. Unless otherwise specified, validity is limited to 1 month from the date of dispatch.

• Designs, diagrams, illustrations, drawings and/or samples shall only be provided if expressly requested by the client, and shall be completely at his expense. Under no circumstances may these documents be duplicated or made available to third parties.

 

2 Orders.

• Orders shall be placed expressly in writing and solely according to these general sales conditions.

• Implementation, in any form whatsoever, of a provided model shall be carried out at the express risk of the client. We reject any liability in respect of civil proceedings arising from imitation or copyright. The client shall be assumed to have acquired the right to the model from its owner or from the copyright holder.

• All orders which are placed on the account of a third party, even if they are to be billed to the said third party, are binding on the orderer, who is responsible for payment if the third party should default.

• No liability is accepted for damages to, or loss of, originals and items which belong to the client and are left in our custody. Transport risks are the responsability of the purchaser-addressee. Each risk can be covered by an insurance at the client’s written request, but the premium shall be charged to the client.

• In the case of a faulty delivery or a mistake, in any form whatsoever, our liability is limited to eventual repeating the work. The purchaser shall waive any form of additional damages.

• In the case of orders involving more than 5,000 pieces of the same item we shall be entitled to supply and bill 5% more or less; if more than 5,000 pieces of the same item are involved this margin shall be increased to 10%.

• Drawings, lithographs, engraving models, stencils, punches, dies, programs, etc. which are required for implementing the received orders and which are made by us, or by third parties on our behalf, shall remain our exclusive property. We shall nevertheless retain them for the sole use of the client.

• We retain the right to apply our mark, as trademark or company name, to all items which we supply.

 

3 Applicable law.

• Belgian law applies between the parties.

 

4 Delivery date.

• The delivery dates are not binding.

• The purchaser cannot claim damages.

• Under no circumstances shall delays in delivery result in an annulment of the order.

 

5 Complaints.

• Complaints must be submitted in writing within 8 days of receipt of the delivery.

 

6 Payments.

• All invoices are payable in cash at Antwerp.

• If payment is not effected by the due date, interest of 12% shall be payable by law without the need for prior notice of default.

• In case of failure to pay, a fixed sum of damages amounting to 10% of the invoice amount shall be payable, without prejudice to all other rights and claims, compensation and interest.

• If an invoice is not paid by the due date, all sums which are still owed shall become immediately payable in a single sum.

 

7 Retention of ownership.

• Notwithstanding the purchaser’s risk in respect of the goods, we shall retain the ownership rights on the supplied goods until the price has been paid in full.

• If payment is effected by cheque, transfer of ownership shall not be transferred until the full sum has finally been collected.

 

8 Creditworthiness.

• Should our trust in the purchaser’s creditworthiness be violated by judicial actions against the purchaser, or by other demonstrable events that question the proper implementation of the agreement, we reserve the right to require the purchaser to provide surety for the complete implementation of the agreement.

• If the purchaser should not wish to comply with this requirement, we reserve the right to annul the order in whole or in part, even if the goods have been wholly or partially dispatched, delivered or paid.

 

9 Disputes.

• Disputes between the parties shall be exclusively subject to the jurisdiction of the courts of Antwerp.

 

10 Hidden flaws.

• The seller is not obliged to indemnify the purchaser for hidden flaws.

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