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General terms and conditions
The present terms and conditions take precedence over the terms and conditions of the customer even if the latter specify that they alone are valid. A deviation from the present terms and conditions shall only apply if made in writing.
Establishment of the contract:
The physical person or legal entity placing the order in writing or verbally shall be considered to be the customer. He/she/it shall guarantee the payment of the invoice even if the latter has to be made out in the name of a third party.
The handing over of a working document, a model or a manuscript with the request to complete a project shall imply the commitment to entrust us with the definitive reproduction. If the customer abandons the reproduction or postpones the decision about it after the project has been carried out he/she shall commit himself from this moment to reimbursing the costs incurred. By costs incurred must be understood in particular consultations, examination of the file, travelling, administration, the hours of the graphic designer, the production expenses, the fixed costs, etc... These costs will be the subject of an invoice.
At the moment of the transfer of the order or at the beginning of the work we shall have the right to demand a down payment of 30% of the total volume of the order. In case of non-payment of this down payment we shall have the right to stop the work immediately without prior notice.
Prices:
Our price quotations shall only be valid if the acceptance of them reaches us within 2 months, as evidenced by the date of the quotation and insofar as the customer does not make any modification to the elements that were used for the fixing of the price. After the period of 2 months we shall have the right to modify the price. Prices verbally agreed shall only commit us if they have been followed by a written quotation.
Carriage and packing costs for any order under 600 EUROS are extra.
Costs connected with export shall always be the responsibility of the customer. We shall not be under an obligation to intervene in these costs, the payment of which shall be wholly the responsibility of the customer.
Project costs, consultations, examination of the file, travelling, administration, the hours of the graphic designer, the production costs, the fixed costs, etc., can always be invoiced separately if a project takes longer than 3 months even if they are only one part of a global order.
Partial deliveries can be invoiced.
Delivery deadlines:
Our deadlines are given as a rough guide. A delay in the fulfilment of the deadline given may not be used as grounds for refusing delivery or for claiming damages and interest.
Any delay caused by the customer himself/herself in handing over necessary materials or documents or when sending back the approved press proof will extend the delivery deadline initially planned.
Responsibility – Guarantee:
The customer will receive a “press proof” for approval. Performing the work shall be carried out exclusively on the basis of the signed as approved “press proof”. This press proof shall remain our property and releases us irrevocably of any responsibility if the work has been carried out conforming to the press proof. This shall apply notwithstanding the existence of any other documentation of any sort.
Work that for reasons of urgency are sent for production without signed press proofs will be carried out as well as possibly but at the customer's own risk without any possible recourse.
We disclaim all responsibility where we are not commissioned with the reproduction. In this case our responsibility shall be limited solely to repairing, redoing or correcting the material used or to be used by the customer that we have supplied (such as for example plates, printing dies, typesetting, etc.).
The exact match of the colours to be reproduced and the perfect fastness of the inks are not guaranteed. A latitude corresponding to the nature of the work must be admitted.
We shall not be obliged to retain the finalised copies, photographic materials, typesetting, plates, film…etc. even if they are the property of the customer or a third party.
When a guarantee has been given by us the customer must send a registered letter within the guarantee period if he/she wishes to claim on it under forfeiture of the right to claim.
Risks:
Any object made available to us by the customer (such as for example, vehicles, trailers, signs or other things) and which find themselves in our studios are there at the customer's risk. We shall not be responsible for any possible damage, loss or theft caused by third parties.
In case of transport the goods travel at the risk of the customer.
Complaints:
It is imperative that any complaint reaches us by registered letter and within the week following either the day of the delivery or the date of invoicing.
The approval of the goods by the signature of the delivery note shall lead to renunciation of any subsequent claim concerning the conformity of the goods (quality, quantity, …).. The delivery note shall be evidence of the correct discharge of our obligations.
Usage even partial of the delivery shall automatically imply its approval.
Payments:
All invoices shall be payable within 15 days of the date of issuing to our bank account ING IBAN BE 69 2480 0869 6078 BIC GEBABEBB. In case of non-payment within this period the amounts due will be increased in accordance with the law and without prior formal notice by interest on arrears calculated at an APR of 10%. Furthermore non-payment or delayed payment even partial will automatically initiate without prior notice an increase of 10% of the amount of the invoice by way of an irrevocable lump sum penalty clause with a minimum of EUR 50.00.
If the customer defers the payment of one or several invoices we shall be authorised without prior notice to postpone completion of any other work as long as these invoices remain unpaid and if applicable to claim damages and interest. This shall apply even if the contract relating to the work in progress was set up after the invoice became due.
Retention of title:
The goods shall remain our property until the payment in full of the invoice.
Material and intellectual property:
Our creations – i.e. our projects, models, sketches, interpretations and layouts, typesetting and also photographing, etc … - shall permanently remain our exclusive property both material and intellectual. We grant the reproduction rights solely for the number of copies and intended use specified at the time of the order. Our prior consent is necessary for any subsequent production or use. The customer shall not acquire any exclusivity with respect to the application of our intellectual property. Reproduction or imitation in any form or by any procedure is strictly prohibited.
Handing over or invoicing to the customer of any graphic or photographic material shall not imply any exemption from the preceding arrangements. And tolerance that might consist in our acceptance even tacit and even over a prolonged period that determined use is made of our creations or our material without our intervention shall in no way mean that we give up our rights in any way. Therefore we may require at any time by means of a registered letter that this usage is immediately stopped and that all the material is returned to us.
The customer who sends a printing or reproduction order shall be considered to have the rights to it and shall assume in this respect the exclusive responsibility towards third parties.
In the case of non-respect of the preceding by the customer or by a third party being aware of the present contractual relationship with our customer we shall have the right to claim damages and interest. The latter are fixed from now at a minimum amount of EUR 2 500 000 with the possibility for us to demonstrate and claim greater damages.
Miscellaneous:
The customer is under the obligation to obtain information himself/herself from the authorities whether any administrative or tax authorisations are necessary with a view to displaying or using our products. The customer will make it his/her personal business; we have no duty to advise or inform in this matter.
The payment of all taxes (local, provincial, regional or others) that may be generated by the use or display of our products is the responsibility of the customer without any possibility of recourse to us.
In case of disputes:
In case of disputes the Justice de Paix of Malmedy and the courts of Verviers shall have sole jurisdiction. Only Belgian law shall be applicable.
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