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SAMDAM BELUX N.V.

Van Langenhovestraat 11-15

B-9300   AALST

BTW-identificatienummer: BE0455212189

 

General terms and conditions

 

Section 1
These General Terms and Conditions of Sale apply to all offers, price quotations, and agreements concluded between the public limited company N.V. SAMDAM BELUX and the buyer. They take absolute priority over the General Terms and Conditions of the buyer. Any deviation from these terms and conditions, if it is to be valid, must be the subject of a written stipulation accepted by N.V. SAMDAM BELUX.

Section 2 – Price quotations - Orders - Prices
Offers and/or price quotations are without obligation and are valid for as long as the stock lasts. An agreement/an order is created if the buyer accepts the price quotation in writing, preferably by e-mail.

The public limited company N.V. SAMDAM BELUX cannot under certain circumstances be bound by its offers/price quotations or orders.

Prices do not include VAT or other government levies unless otherwise stated.

Section 3 – Delivery periods
The delivery periods given to the buyer are purely indicative. A delay for any reason whatsoever shall never yield an entitlement to compensation or the cancellation of the order.

Section 4 – Delivery
In the event of a fault or damage, the recipient must take recourse immediately against the carrier and inform N.V. SAMDAM BELUX in writing within 24 hours. Delivery: More or less 10% of the ordered quantity of special production with personalisation is permitted.

Section 5 – Complaints
All complaints regarding the delivered goods or the delivery terms and conditions must be submitted by registered letter to the management of N.V. SAMDAM BELUX within 24 hours of reception of the goods, and otherwise the recipient forfeits the right of complaint. If it emerges that the deliveries are not in conformity with the order or are faulty, the responsibility of N.V. SAMDAM BELUX shall be fixed as limited to the repair of the delivered goods or to the replacement of all or part of the aforementioned delivery without any compensation being awarded for any reason whatsoever.
No item whatsoever shall be returned without the prior consent of N.V. SAMDAM BELUX and in the event of goods being returned, the goods shall be returned to the address of N.V. SAMDAM BELUX at the sender’s expense as regards the transport and packaging.

Section 6 – Invoicing and payment

Invoicing

The invoices are drawn up at the company and the address is confirmed by the buyer in his or her order form or e-mail. If there is no confirmation, the invoice shall be drawn up as stated in our order confirmation which the buyer receives when the purchase is concluded. If the invoice has to be amended after it has been sent, an administrative fee of €25 + VAT shall be charged.

Payment
For new clients the initial deliveries are made after payment in advance until we agree to normal terms and conditions. Please send us your bank details for this purpose. The normal terms and conditions are that all invoices are payable to the bank account of N.V. SAMDAM BELUX within 30 days of the invoice date. If the full amount due is not paid by the expiry date:

  • All other invoices issued in the name of the same buyer become due.
  • The client owes by law and without notice default interest at the interest rate of 1.5% per month on all amounts which still have to be paid and this applies from the date on which they become due and payable.
  • The buyer also owes a set charge for administrative and financial costs of 15% of all amounts due with a minimum of 50 euros apart from all costs such as, for instance, protest charges, judicial interest and costs, and legal costs.


Section 7 – Reservation of ownership
The ownership is not transferred to the buyer until all payments are made which are due on the grounds of the relevant agreement on the execution of that agreement.

Section 8 – Termination
If the buyer fails to fulfil any duty adequately or on time which might arise for him or her from this or any other agreement concluded with N.V. SAMDAM BELUX, and in the event of bankruptcy, concordat, suspension of payment, the closure or liquidation of the buyer’s company, or a change to the ownership rights of the buyer if the buyer is a legal entity, the buyer is deemed by law to be in default and N.V. SAMDAM BELUX is entitled without a court order to terminate the execution of the agreement in whole or in part as it chooses and without being bound to give any compensation or guarantee, but without prejudice to its due rights. In these cases any claim which N.V. SAMDAM BELUX has or might have can be demanded at once and in one fell swoop.

Section 9 – Circumstances beyond one’s control
If N.V. SAMDAM BELUX is prevented from executing the order by circumstances beyond its control, it is entitled to suspend the delivery until the circumstances in question have ceased to exist or to cancel the order in full or in part without being bound to pay any compensation. Circumstances beyond one’s control mean any circumstance whereby it would not be reasonable to expect N.V. SAMDAM BELUX to execute the order, including war, operational failure, lack of raw materials and workers, strike action, accidents, and transport difficulties.

Section 10 – Disputes
Only Belgian law can be applied to this agreement. In the event of a dispute, the Justice of the Peace Court in the Subdistrict of Aalst and the Courts of the Judicial District of Dendermonde have sole authority to adjudicate.

Section 11 - Protection
If the buyer hands over to N.V. SAMDAM BELUX a design or copy with a request, without explicit reservation to deliver a draft or design, this obligates the buyer to entrust the execution of the work to N.V. SAMDAM BELUX or to pay for the costs generated. In view of the legal stipulations in the field of artistic and industrial ownership and unfair competition, any designs, preliminary drafts, texts, creations, negatives, set work, interpretations, settlements, and reproduction rights, whatever technique is used, completed by N.V. SAMDAM BELUX and, in general, any claim to commercial and intellectual ownership and such like remain the property of N.V. SAMDAM BELUX and may not be imitated, reproduced, or used under any conditions whatsoever. Their use or imitation under any conditions whatsoever and with any process whatsoever if they are carried out without the prior consent of the entitled party, or as long as the waiver is not stated explicitly on an invoice, constitutes an act of imitation or unfair competition and shall give rise to suitable compensation.
Except for by prior agreement, N.V. SAMDAM BELUX is not bound to keep compositions, printing plates, drafts, drawings, photographs, films, and such like. For prints N.V. SAMDAM BELUX is bound to observe the instructions and customs of printers, the paper industry, etc. The Febelgra General Stipulations are available on request.

Member of Präsent Service Institute - PSI and Promotional Products Association - PPA