If, in case of non-agreement with the order confirmation, this is not returned because of this non- agreement within 8 days per registered letter, the buyer is considered to have entered into the agreement. Each order implies automatically the acceptance of our conditions of sale. Each order leads to the application of our conditions only. Therefore, the client shall through his order waive his own conditions. Any deviations from the present general conditions may only be considered upon our express written authorization.
RECEIPT AND QUALITY :
The goods are sold, accepted and definitely accepted at our factory, even if these are delivered free to destination. The buyer has the obligation of reviewing the goods in all aspects, without our prior request. If the buyer fails to perform this check, his acceptance is considered as definitive, and no claim shall be accepted. If for reasons of quality the goods are refused, our liability is limited to the
replacement of the goods, within a term established by us whereas no damages claims shall be accepted from the buyer. We are not held liable for the destined use of the paper, bags and other
All delivery terms are approximate and for your information. These are not binding for the delivery on the fixed date. The expiry of the date does not annul the purchase in favor of the buyer, and no damage claim shall be accepted. The prices are indicative. The reasons alleged by our suppliers for the non-delivery of their deliveries shall equated to cases of force majeure and do not constitute any liability for us with regards to our own buyers.
Our goods are always transported for the account and risk of the buyer, for which we do not bear any liability, even if these are free destination, FOB or CIF prices. In case of dispute only the information of the freight letters and receipts shall be valid. No other claim for lack of weight or volume shall be valid without a contrary check at our factory. The buyer shall be fully responsible for any deliveries to a third party.
Our designs, drawings, plans or clichés are of our exclusive property, even if the client has incurred in the costs of the same, and in no case may these be reproduced, copied or transferred to the competitor. Upon the delivery of the “good for printing” we do not bear any responsibility for any noticed errors upon printing. Any delay in the delivery of the “good for printing” results in the cancellation of the accepted delivery terms. The works are executed for the risk and account of the buyer, who is solely liable to persecution in case of reproduction or printing prohibition. The color fastness of the inks cannot be guaranteed: any difference may not give rise to the refusal of the goods or a request for discount.
CLICHES AND MODELS :
We are not liable for :
- The storage of clichés;
- Printed matter under seal right;
- Prohibited reprint of registered models;
- Any violation of the legal provisions with regards to the usage, aspect and format of some printed matter.
Our own model, drawing and cliché designs or those which have been ordered to us, shall be destroyed or stored after their usage, without any guarantee on our side. These are never returned to the client, even if a payment is offered for the same.
The buyer shall always accept a difference of approximately 15% with regards to the ordered volume. All articles sold per weight are invoiced gross-to-net. As the colors and the paper purity may vary in the manufacturing, we cannot guarantee that the color and purity in our delivery is fully equal to our samples. Any small variations in format, quality or thickness, do not give rise to any claim or refusal.
The invoices are payable at the domicile of Maatschappij Bastin-Pack NV – Neerhonderd 37 – B-9230 Wetteren, within a maximum of 30 days upon the invoice date. Upon the due date, a legally binding monthly interest rate of 1.5% is due without any previous notification. The beginning of a month is one month due. The debtor may no longer invoke the advantage of the payment terms, as soon as he fails to pay one invoice on the due date. Our agents, representatives or assistants are not allowed to receive any payments. The buyer shall only be discharged of any legal liability, upon the proof of a signed document by an appointed proxy.
In the case of non-agreement, the invoices shall be objected by a registered letter within 10 days upon the invoice date. Upon the termination of this term, the protest shall be considered as inadmissible.
If the buyer does not comply with his obligations or part hereof, we are entitled to annul the agreement without the necessity of a previous “in mora” statement, under the reserve of a damage compensation of at least 20%. At any time before or during the execution of the agreement, we reserve the right to require from the buyer strict compliance with his obligations, even if nothing of the kind was established in the signing of the agreement. We do not have to justify this request by providing any reasons. In the case of any refusal to comply with our request, we may annul the entire purchase and file a claim for damages.
DAMAGE CLAIM :
If no payment is made by the debtor on the due date and the same is not made within eight days upon notification through a registered letter, the due amount may be legally increased with a standard fee of 20%; and a minimum of 50 Euros. Nevertheless, this amount should not be confused with any court expenses, or with any legal compensation or attorney fees, or with any interests.
RESERVE OF PROPERTY :
The property of the goods is only transferred to the buyer upon the payment of all due amounts, including all interests, costs and damage compensation. Nevertheless, the buyer is obliged to take out insurance for all normal risks, from the moment the goods are within his risk environment, according to these conditions. As long as the goods have not been transferred to the buyer, the buyer shall make it visible on the goods that these are property of Bastin-Pack NV. In the case of an embargo, surséance of payment or bankruptcy on the side of the buyer before the full payment of the purchased goods, the same shall immediately notify the same and inform the enforcement officer, receiver or curator on the reserve of property. The buyer shall not alienate, burden, lend or move the goods without our prior written notification. Should one of the above-mentioned cases occur, we are entitled to withdraw the goods immediately and require damage compensation for value decrease of the goods or any other matter.
COMPETENT COURTS :
All disputes without any exception are subject to the competence of the courts in the area where our company is domiciled. Any acceptations or change of buyers do not imply any renewal of debt nor a variation in these provisions.
We reserve the right to summon the buyer before another competent court.
BASTIN-PACK – Neerhonderd 37 – B-9230 Wetteren