Terms of Sales

  

 

Article 1 - Identity of the seller

sprl PUBLI-LINE bvba

20F avenue Georges Marchal

1330 Rixensart

Belgium

 

E-mail adress

info@publi-line.be

Phone number

+32 2 675 29 62

Fax number

+32 2 675 28 51

Company number

438.712.192

TVA number

BE 0438.712.192

Website

www.publi-line.be 

 

Article 2 - Scope and conditions

These conditions govern as a rule any agreement between the seller and the customer and it can only be waived by mutual written consent. These conditions apply to the exclusion of all other conditions, such as the conditions appearing on documents issued by the client. The possible invalidity of one condition does not result in the invalidity of the other conditions. In the event of a nullity of a condition, the parties undertake to pursue the same goal and the same balance as if there had been no nullity.

 

Article 3 - Offers and orders

Each offer is drafted subject to omission or calculation errors and remains valid, unless otherwise indicated, for 15 calendar days from its date, after which it becomes fully null and void. law. Any offer remains confidential unless it is accepted in full and in good time by the customer.

The customer accepts slight deviations between on the one hand the order on the basis of the documentation, samples, models and demonstration of the goods, and on the other hand the delivery so that the elements mentioned first are only indicative, and in such a way that the customer also waives any form of recourse in this matter.

The customer further accepts a slight difference from the color originally ordered, both with regard to the materials and with regard to the overprinting, and in such a way that the customer also waives any form of recourse in this matter.

The customer also accepts a margin of 10% in terms of the quantity ordered and he also accepts the increase or decrease of the price and the costs.

 

Article 4 - Delivery times

All delivery times are approximate and non-binding. Extensions of delivery times do not normally give rise to any recourse or any possibility of termination or termination for the benefit of the customer, except in the event of serious misconduct.

If an absence of delivery or late delivery is attributable to the customer, the latter is indebted to the seller for additional remuneration due for storage in accordance with the usual rates in the industry.

All deliveries take place at the customer's headquarters unless otherwise agreed. The seller is not obliged to deliver to another address and in case of agreement to change the first destination the additional costs are charged to the customer.

All costs and risks of transport are always the responsibility of the customer, even if the transport or shipment is carried out by the seller. The customer bears all the necessary taxes, takes care of authorizations and permits and discharges and guarantees the seller in this area.

 

Article 5 - Complaints

After delivery, the seller is no longer responsible for visible defects. Are apparent, the defects which can be noted by an inspection carried out by the customer who undertakes to do so. The characteristics which do not conform to the offer are in this respect assimilated to apparent defects. If applicable, the customer is required, under penalty of forfeiture, to describe in a restrictive manner the apparent defects or non-conformities on the delivery note.

Any payment irrefutably implies full acceptance without further recourse by the customer. The seller is responsible for hidden defects for three months following delivery. On penalty of forfeiture, these hidden defects must be communicated by the customer to the seller by registered letter with a detailed description and a sample within five working days of their discovery.

Where applicable, if the seller accepts the complaint as admissible and founded, the seller has:

- Or the right to (have) repaired the affected goods within a reasonable time and, taking into account its suppliers, without any other indemnity or compensation for the customer, who expressly waives it

- Or the right to ensure the replacement of the goods affected by a defect within a reasonable period of time and, taking into account its suppliers, without any other compensation or compensation for the customer who expressly waives it.

Defects which are attributable to improper use or to a lack of prudence or precaution on the part of the customer or third parties are in no way considered as hidden defects.

 

Article 6 - Exception of non-performance

The customer expressly waives in all circumstances for the benefit of the seller:

- To any action in matters of indirect damage and damage by repercussion

- With the exception of non adimpleti contractus

- To the compensation of debts.

 

Article 7 - Interest, costs and non-performance of obligations

Invoices are payable at the seller's head office within 30 calendar days of the date of the invoice, unless otherwise agreed.

In the event of non-payment, interest at 12% per year with anatocism is due automatically and without formal notice from the due date, and a penalty clause of 10% with a minimum of 100 EURO per invoice is due. moreover as of right and without formal notice, without prejudice to proof of additional damage by the seller if necessary.

The seller may suspend all current deliveries in the event of payment default, even if they are other contracts. Compensation in the event of resolution, cancellation, sale to the fault of the customer is conventionally fixed at 35% of the gross amount of the invoice, without prejudice to proof of additional damage by the seller if there is location.

In the event of a breach of contractual performance on the part of the client, including non-payment, all collection costs, including lawyers' fees and expenses, are payable by the client.

 

Article 8 - Responsabilities

On the date of the agreement, the seller reserves exclusive ownership of all goods sold until full payment of invoices, damages, interest and any costs. Without prejudice to the provisions relating to the costs and risk of transport and delivery, the seller retains the right of ownership of the goods sold until full payment is made.

During the period during which he is not yet the owner, the customer, possibly placed in possession, remains however fully responsible for the conservation and the original state of the goods sold, even in the presence of a case of chance or force majeure, and he is automatically responsible towards third parties, even as a guardian within the meaning of art. 1384 paragraph 1 C.C.

The customer agrees not to alienate or encumber the goods in any way until all of the above payments have been made. The customer already gives, in the event of default of payment, the authorization to the seller to take back the goods, even with the intervention of a third party, without prejudice to the seller's right of option on the basis of art. 1184 C.C.

 

Article 9 - Intellectual property

All intellectual property rights relating to the designs, models, logos, data files, software, texts and sounds originating from the seller remain in all circumstances, except by separate written agreement, the exclusive property of the seller and may not be used for any other purpose. that the execution of this contract between the seller and the customer.

All forms of molding, measuring and adjustment, of whatever nature, always remain the property of the seller even if the costs associated with their production have been borne by the buyer.

 

Article 10 - Law applicable to disputes and jurisdiction

For all disputes the exclusive jurisdiction of the courts of Brussels is agreed, Belgian law is exclusively applicable, and Dutch is the language of the proceedings conventionally adopted.