General and special conditions of the other contracting party which conflict with our terms and conditions do not bind us unless expressly accepted by us and in writing. The other contracting party is presumed to have read our terms and conditions and to have accepted them if within eight days of our order or order confirmation, which mentions our general and special conditions, we have not received a written notification to the contrary.
Quotations are always without obligation on our part. Orders addressed to us by our customers only bind us when we have given our written order confirmation. If we do not receive any written comments within eight days, only the data of the order confirmation is valid. Our orders to suppliers are only binding when they have our written confirmation. If no order confirmation has been forwarded by the supplier within eight days, only the data of our order is valid.
The costs relating to design, composition, drawing, photoengraving and printing plates are not included in our prices. The amount charged to the customer is only part of the total cost. The design, composition, drawing, photoengraving and printing plates remain our property at all times.
For goods which have been custom made to the customer’s specifications, we reserve the right to supply 10% more or less than the quantity ordered.
The transfer of risk on the goods takes place in our warehouses, regardless of the agreed delivery conditions. The costs of delivery shall be borne by the other contracting party, unless explicitly stated otherwise in our order confirmation or order. In such a case, these costs are included in the price or are explicitly stated on our order confirmation or our order. The transfer of ownership of the goods is done only at the moment the agreed price is paid in full and that notwithstanding Art. 1583 of the Belgian Company Code. Until then, we reserve the right to take back the goods at the expense of the customer. The Customer undertakes to indemnify us in this right and to notify us immediately of any restrictions (e.g. seizure).
Our delivery deadlines are only confirmed as an indication and are not binding. Under no circumstances can a deviation from these delivery deadlines give rise to any compensation for damages or the dissolution of the contract.
Any packaging loaned by us or returnable packaging with a deposit remains our property.
Our products must be stored in a clean and dry environment, protected from sunlight and other weathering. In some cases, additional instructions may be given.
Complaints about visible defects and/or properties that do not comply with the agreed specifications which are not lodged immediately and confirmed by registered post with acknowledgement of receipt within eight days of discovery of the defect or after the time the defect should have been reasonably discovered are inadmissible, in application of Article 1648 of the Civil Code. At all times, the complaining party must take all necessary steps to limit any damage and to allow for an examination in the presence of both parties. Failing to do so releases the other contracting party from any liability. After a time limit of three months from the date of our delivery, we shall no longer be held liable for defects in our products. Failing to comply with instructions voids our liability on the quality of the goods. In any case, our guarantee is limited, at our discretion, to the free replacement or the reimbursement of the goods recognised as defective.
All invoices are payable to Haacht, within eight days of the invoice date. Other conditions must be explicitly stated in our order confirmation or our order.
Should the commercial or financial situation of the other contracting party change, we reserve the right to cancel the contract without incurring a penalty or to require guarantees.
Non-performance or defaulting on payment gives us the right to cancel current contracts at no cost to us. Moreover, we can claim damages. Non-payment of an invoice shall ipso jure incur with it the immediate collectability of any other amounts due. Outstanding invoices on the due date shall be ipso jure and without notice increased by a penalty of 10% of the invoice amount with a minimum of € 125 and with an annual interest of 12%.
War, mobilisation, strikes, machinery breakdown, fire, transport interruptions that prevent or limit the manufacturing or shipping of the goods, shall be deemed as cases of force majeure and give us the right to cancel the contract at no cost or to suspend its execution. We cannot be required to pay any compensation for costs, difficulties, delays, loss or impossibility to deliver due to restrictions or prohibitions imposed by the Belgian or a foreign government. The other contracting party is obliged to indemnify us against the effects of international, national, regional, general or sectoral restrictions or prohibitions which they can reasonably be expected to know about, and which were not communicated to us expressly and in writing at the order or order confirmation stage.
All our contracts are governed by Belgian law. Any disputes concerning the implementation or interpretation of the contracts are within the exclusive jurisdiction of the courts of Leuven, as well as the Justic of the Peace Court in Haacht. If the other contracting party is located or has its registered office abroad, we reserve the right to instigate an action before the courts of the place of establishment of the other contracting party.