1. – Upon placing his order, the customer agrees with the general sales agreement of Krekels KB bvba and renounces himself of his own purchase agreement.
2. – Orders and cancellations are only valid when they were confirmed by Krekels KB bvba.
– The customer ensures that the necessary information and data, that Krekels KB bvba requires in order to properly perform the given assignment, in due time, will be available to Krekels KB bvba.
– The customer is obliged to check the artwork, tests, (test) prints and (test) models carefully and promptly for any mistakes or defects and must submit his judgement to Krekels KB bvba. In any case, no cancellation of an order can be considered valid after approval of the visual or the start of production.
– If a customer cancels an order unilaterally or late, Krekels KB bvba maintains the right to claim either the cost of production, or a compensation of 15% of the value of the agreement. In case the suffered damages exceed the stated amount, Krekels KB bvba maintains the right to prove the actual damage suffered and claim this amount.
– Krekels KB bvba will accept, within reasonable limits, changes in the order in case, if and insofar as the content of the order provided by Krekels KB bvba doesn’t diverge from the original agreed order. The cost of any changes are suspected to have been accepted as soon as the production has started. Costs resulting from or related to additions and changes to the order are at the expense of the customer.
3. – Delivery or completion dates are given only informatively or indicatively and never constitute a reason for cancellation or a compensation. In case of complaints regarding the delivery, the customer can only resort to the carrier. Every return of goods is subject to prior written agreement to Krekels KB bvba.
– Any case of unforeseeable circumstances or force majeure which makes the agreement impossible or seriously aggravating, even if it is temporary, allows Krekels KB bvba to cancel or suspend the order in whole or in part, without giving the customer reason to claim any form of compensation. Are considered to be an unforeseeable circumstance and force majeure: strikes, lock-out, riots, epidemics, unfavorable weather conditions, lack of raw materials or transport, fire, machine failure, etc.
– Delivery costs are always at the expense of the customer. Transport costs, even franco, are at the customer’s risk. The goods are considered accepted at the place of shipment.
– The risk of damage to or other problems, after delivery, to the products or edited materials caused by the customer are always at the expense of the customer.
– If the customer doesn’t receive the goods within 30 days after termination of the assignment, the goods will be stored for the account and risk of the customer from that moment on.
4. – The quotations of Krekels KB bvba are made on the basis of information, without commitment and within the limits of stock. The prices must be considered as net prices, without discount, commission or rebate. All prices are exclusive of any taxes and other imposed charges by the government, such as VAT. These are mentioned separately on the invoice and are at the expense of the customer.
– Quotations are based on the information given by the customer. The quotations may lead to a revision in case of increases of wages, social charges, raw material prices or changes in the international currency parties.
5. – The goods/invoices are to be fully paid, without discount, at the registered office, unless otherwise agreed upon in writing with mutual consent.
– For each lag of payment, a conventional interest rate equal to 1% per month is payable by law and without notice, starting from the invoice date, and each started month will be charged as a whole month. In addition, with full or partial non-payment on the due date, a conventional compensation of 15% of the unpaid debt will be due, with of a minimum of 75 EUR (per invoice) and without prejudice to the right to prove the actual damage suffered, if it were more of the aforementioned fee.
– In case of non-payment of one invoice, all unpaid invoices will be claimed for immediate payment, regardless the due date of these invoices. If the customer doesn’t give a financial satisfaction, Krekels KB bvba has the right to cancel all non-delivered orders, or part of the orders.
6. – All delivered goods remain property of Krekels KB bvba until full payment of the sales price in principal and accessories. In case of resale, Krekels KB bvba retains the option to claim the sum of the value of the resold goods. The retention of ownership is transferred to the resale price. Once the goods have been delivered or the customer fails to receive the goods, the customers carries all risks, cases of force majeure and destruction included, and the conservation charge. The default of payment of one of the due amounts on due date can result in the recovery of the goods.
7. – According to art. 1641 e.v. of the Belgian Civil Code, every complaint or remark must be reported immediately at delivery or upon discovery when it is a hidden defect. When the receipt of the timely complaint is not been confirmed in writing, the complaint or remark on penalties of inadmissibility must also be sent within 5 days of receipt of the goods in a letter with a clear reference to the date of the complaint or remark to the knowledge of Krekels KB bvba by registered letter. Complaints about the invoice must also be reported in writing in the same manner and conditions within 5 days after receipt of the invoice. The safeguard against visible and/or hidden defects is, to the extent permitted by law, strictly limited to the repair of the defective pieces in our workshop or to the refund of the non-compliant part of the delivery, without the right for a compensation for abnormal wear or any other consequential damage.
– The acceptance of an order form or delivery note, applies as acceptance of the quantity. The use, even part of the delivery, applies as acceptance. Possible defects detected in certain parts of the delivery cannot give any reason for the refusal of the entire delivery. These defects can only lead to a price reduction and by no means the obligation for a replacement or compensation. Krekels KB bvba also has the right to repair or replace the defected goods. In any case, productions or compensations cannot exceed the amount of the invoice of the disputed delivery.
8. – When Krekels KB bvba stocks materials from customers, Krekels KB bvba reserves the right to explicitly relieve itself from all responsibilities, this also applies for all materials being transported in Belgium or abroad.
9. – Krekels KB bvba is not responsible for claims based on factory marks, models, drawings or letters, which are initiated by third parties regarding the fact that the orders are made by Krekels KB bvba on behalf of the customers. Krekels KB bvba only executes the received orders. Quotations made without exact knowledge by Krekels KB bvba regarding the item to be produced or manufactured can be adjusted, if during the order it would appear that the work to be performed does not meet the specifications. Krekels KB bvba also reserves the right to make changes to the reproduced item, design or article that are necessary in favor of Krekels KB bvba adjusted manufacturing method.
10. – Regarding the correct color, the customer will have to accept possible deviations that arise from the used production process. The color intensity and the resistance to light and weather conditions are never guaranteed, unless a written guarantee is given.
– The uniformity and stability of the printed or manufactured materials are not guaranteed. All used raw materials are only guaranteed at the level of the guarantee given by its’ own suppliers. There is a quantitative tolerance allowed for all the articles of 10%. For orders of less than 25 pieces, the tolerance is raised up to 25%.
11. –Krekels KB bvba is and always will be entitled for all the industrial and intellectual property rights concerning the delivered goods and/or services. The sale of such goods and/or services can never be a result of a transfer of any intellectual property rights. Krekels KB bvba maintains the right to mention their name or brand on their products, even if they carry a name from a supplier or publicity agency.
– The customer commits himself not to make any infringement of Krekels KB bvba industrial and intellectual property rights and to notify Krekels KB bvba in writing of any possible infringements by third parties.
– The projects, schemes, creations, maquettes, models that are realized by Krekels KB bvba, remain property and may not be reproduced without written permission.
12. – If a permit is required for the placement of a mast on a site or building, the placement or installation of constructions, billboards, light boxes and such, the customer agrees to request and receive the necessary permits. The customer must inform the supplier in advance for the presence of any utilizations (gas, water, electricity) at the place where the masts or frames will be placed.
– Places where the masts may be placed, will be marked by the customer by using poles.
– Damages to the terrain and/or building resulting from invisible defects, the state of the terrain and/or building, as well as the neglect of the enclosed obligations in this section, are at the expense of the customer.
– In case of one or more of these circumstances, Krekels KB bvba can’t be held liable nor can damages be claimed by the customer for repairing the terrain and/or building in its original state.
13. – In case of dispute, only the Belgian Law applies and the court of Dendermonde is exclusively authorized, irrespective of any conflicting cause, majority of the claimants or place where the agreement was concluded.