GENERAL CONDITIONS
ARTICLE 1: SCOPE OF APPLICATION
Barring written agreement to the contrary these general conditions are applicable to the contractual relationship between the parties with the exclusion of all other clauses, such as the customer’s general conditions.
ARTICLE 2: TENDERS/OFFERS
The tenders are drawn up on the basis of information provided by the customer. The customer shall provide us with all useful information and technical data required to draw up a correct tender. The customer is responsible for the accuracy and completeness of this information. In the event that the customer provides incorrect or incomplete information, BAG Plastics may draw up a new tender.
Tenders are drawn up without any obligation on the part of BAG Plastics and are provided under reserve of lacunae, mistakes, market availability etc.
ARTICLE 3: ORDER
Orders are binding to the customer. In the event of cancellation of the order on the part of the customer or if the customer should fail to comply with any undertaking whatsoever, the damages to BAG Plastics shall be estimated as a minimum at 30% without prejudice to the right of BAG Plastics to prove greater damages.
ARTICLE 4: PERIOD OF EXECUTION
The period of execution is given solely and exclusively for information and is not binding.
Exceeding the period of execution by BAG Plastics shall not release the customer from their obligations to purchase the goods and does not result in any entitlement to compensation on the part of the customer.
ARTICLE 5: DELIVERY METHOD
BAG Plastics shall inform the customer once the works to be carried out have been completed.
The customer shall accept receipt of the goods within 3 days. If this is not realised BAG Plastics shall be entitled to charge a storage fee of 25 Euro per day and the customer shall bear the risk for loss and deterioration.
The delivery shall be realised by surrender of the goods to the customer at the warehouses of BAG Plastics or to the transporter designated by the former. The transport and dispatch costs are payable by the customer. The risk is transferred to the customer from delivery.
ARTICLE 6: PRICE
The prices stipulated in the tender are always without obligation unless indicated that they are final. The price agreed is exclusive of VAT and all other costs (e.g. transport) which are payable by the customer. BAG Plastics can adapt this price in relation to the evolution of the costs of raw materials. Any price revisions shall be realised in proportion to this change.
The price for the works to be carried out may also be revised in the event of a calculation error, e.g. if the quantities or prices given were incorrectly added together or multiplied. Whenever such a material mistake is established by BAG Plastics or the customer, they are both entitled to have the price adjusted by realising a correct calculation.
ARTICLE 7: PAYMENT
Invoices from BAG Plastics are payable cash at the registered office of the company.
If the payment is not realised on the payment date, the amount owed shall be lawfully increased without any formal notification with interests for delayed payment at 1% per month started that the amount of the invoice remains outstanding and with a penalty clause of 10% on the amount due and still outstanding, with a minimum of 40 Euro.
If the customer still has outstanding accounts with BAG Plastics from previous orders, BAG Plastics is entitled to suspend its activities until the customer has settled its outstanding accounts.
ARTICLE 8: RECEIPT
The customer shall approve the goods on receipt of have these approved.
In any event the goods are considered to have been accepted in the absence of any reserve of complaint in writing to BAG Plastics notified within 15 days from collection of the goods.
If complaints are expressed (within 15 days of delivery) BAG Plastics is entitled to carry out the necessary repairs. The customer shall make the goods available to BAG Plastics again hereto within 8 days after notification of the complaint. BAG Plastics shall carry out the repairs or changes within 8 days.
Except by written consent from BAG Plastics the customer shall not be entitled to have repairs carried out by a third party or to have the goods replaced by a third party.
In the event that repairs or changes must be made, the customer shall bring the goods to the registered office unless deviated from this in writing. However, BAG Plastics cannot ever be obliged to carry out a repair abroad.
ARTICEL 9: LIABILITY
If the customer should remain in default of providing BAG Plastics with the correct and complete information as stipulated in article 2 of these general conditions, BAG Plastics shall be released from any liability and responsibility in connection to any damage that may be suffered as a result of the activities of BAG Plastics, even if the customer can show that this damage is in direct causal connection with the activities carried out by BAG Plastics.
The liability of BAG Plastics shall in any event be limited to direct damage resulting from the fraud or grave error on the part of BAG Plastics, committed in the execution of its undertakings. The liability of BAG Plastics shall be excluded in cases of force majeure. The liability of BAG Plastics may moreover never exceed the amount required to provide for the replacement of materials or goods supplied by them.
BAG Plastics cannot ever be held liable for any indirect damages.
If BAG Plastics should be summonsed by a third party for compensation of damages in a causal connection with the delivery of goods or materials or the execution of works by BAG Plastics on behalf of the customer, the customer shall be obliged to indemnify BAG Plastics from any compensation for damages that BAG Plastics may have to pay to this third party. If BAG Plastics is summonsed by the customer for indemnification of any compensation for which they are summonsed by a third party, the obligation of indemnification of BAG Plastics shall not in any event exceed the amount which they may directly be obliged in relation to the customer.
Each claim for damages must be notified to BAG Plastics within 8 days after the damage occurs.
ARTICLE 10: RESERVE OF OWNERSHIP
The goods shall remain the property of BAG Plastics until the customer has settled the price in full to BAG Plastics, even if the goods were only processed.
ARTICLE 11: SUSPENSIVE CONDITION
All agreements are concluded under the suspensive condition of obtaining approval by BAG Plastics from its credit insurer.
ARTICLE 12: APPLICABLE LAW AND JURISDICTION
Agreements concluded with BAG Plastics are governed by Belgian law.
The courts of the court district of Hasselt are competent to consider any disputes.
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