GENERAL TERMS
These general terms and conditions and professional customs apply to all our offers, work assignments, agreements and deliveries.
Every quotation and acceptance of an order is subject to the condition precedent of approval by the supplier's credit insurer.
Article 1
Client is who has placed the order, supplier is who has accepted to execute the order.
Article 2
The delivery to a supplier of production elements (raw materials, model, copy, and / or digital files, etc.) with a request, without express reservation, to provide a test or design, entails the obligation for this supplier to implement of the work or to reimburse him for the costs incurred.
Article 3
The offers of the supplier are without obligation and subject to review of the documents to be reproduced and / or the documents to be put.
When the wages and / or prices of the raw materials increase, the quotation prices are revised according to the Febelgra indexation formula, which is sent to the client on first request. The offers are always drawn up without mention of taxes, which are always borne by the client. The validity of an offer is one month for the execution of an assignment within three months. The quotation price only applies to the assignment stated in the quotation.
The client who wants to benefit from a reduced VAT rate or from an exemption from VAT must provide the necessary evidence for this at the start of the assignment.
Article 4
With compound quotations there is no obligation to deliver part of the order at the corresponding part of the total price.
Article 5
The request to invoice to a third party must be stated with the price request or order confirmation.
Any person or company who places an order with a request to charge it to third parties is and remains personally responsible for payment, even if the supplier has agreed to this method of invoicing, except in those cases where the third party order form has been countersigned.
REPRODUCTION RIGHTS AND MENTIONING THE NAME OF THE SUPPLIER
Article 6
The supplier is not responsible for infringements on reproduction rights of third parties if he performed the printing or reproduction order in good faith. Only the client is liable. Any dispute regarding reproduction rights suspends the execution of the assignment.
Article 7
If required by law, the client may not object to mentioning the name of the supplier, even if the name of a publisher or intermediary, publicity agent or others is already stated on the printed matter.
TYPESETTING, SUPPLIER MATERIAL, PRINT TESTS AND GOOD FOR PRINT
Article 8
The production elements that are needed to successfully complete an assignment remain the property of the supplier who made it. When the production elements have taken a form that can be used by the client to create new creations that will entail reproduction rights, the supplier retains the exclusive right to the production elements that he has made.
Article 9
The typeface, as well as the layout, is chosen freely by the supplier. The supplier is not responsible for the typographic quality of the ready-to-use models or files of formatted pages, which he receives from the client.
Article 10
If the client makes material available to the supplier, this must be delivered on time (taking into account order planning), properly packaged and free of charge to the supplier's premises. Signing the transport documents for receipt only confirms receipt of the material. If the client delivers prepress material digitally without a printed version thereof, the supplier does not bear any responsibility for the result of the exposure. If the client makes digital files available to the supplier, he must save the original files himself and he is responsible for the quality of these files. Barring intent and serious error on the part of the supplier,
Article 11
At the request of the client, the supplier provides a simple proof, eg laser print, blueprint or imposition proof. Carefully printed proofs, including those in true colors and / or on circulation paper, are charged extra. If the client does not request a proof, the supplier is in no way responsible for the quality of the end product.
Article 12
The supplier must correct the typing errors and word splitting errors indicated by the client, but is not responsible for spelling, linguistic or grammatical errors.
Changes to the original order of whatever nature (in the text, in editing or placement of illustrations, in the formats, in the printing or binding, etc.) made in writing or in another way by or on behalf of the client, the Client will be charged extra and extend the execution period. This also applies to machine downtime pending the "good for print" or the "good for finishing".
The oral or telephone changes are carried out at the risk of the client.
Article 13
The transfer by the client of a dated and signed "good for print" relieves the supplier of all responsibility for errors or omissions found during or after printing. The "good for print" remains the property of the supplier and serves as evidence in the event of a dispute.
STORAGE
Article 14
If the client wishes the supplier to store production elements such as typesetting, filming, editing, cutting shapes, designs, drawings, diskettes, etc., he will agree this with the supplier in writing before the execution of the assignment. The storage is done at the risk of the client, who expressly relieves the supplier of any responsibility in connection with this storage (including loss or damage), except in the case of intent or gross negligence on the part of the supplier. Offset plates are not saved.
DELIVERY TIME
Article 15
The deadlines stipulated in writing for the order shall only start from the working day following the issue of the necessary elements.
The agreed delivery times are extended at least to the extent that the client has failed to deliver the necessary elements, as well as to return the improved tests and the "good for print". All circumstances that prevent, reduce or delay the performance of the assignment by the supplier or that cause excessive exacerbation of the fulfillment of the commitments entered into by him, release the supplier from any liability and enable him to, depending on the case, or to shorten its commitments, or to break the agreement or suspend its implementation, without being obliged to pay any compensation. Are considered as such: war, civil war, mobilization, riots, strike and lock-out, both at the supplier and at its suppliers, machine breakage, fire, interruption of means of transport, supply difficulties in raw materials, materials and energy and restrictions or prohibitions imposed by the government.
If the execution of an assignment, at the request of the client, causes additional costs within a shorter period than the normal or anticipated period, these costs will be charged.
PERIODICS - TERMINATION
Article 16
The client can only deprive the supplier of an order of a periodic nature, ie an order with recurring sub-orders, subject to compliance with the notice periods set out below.
The cancellation must be notified by registered letter. In the event of non-compliance with the terms, the client will compensate the supplier for all damage suffered and loss of profit during the non-respected period.
Term of notice:
- 3 months for an order of a periodic nature with an annual turnover of up to EUR 7 500;
- 6 months for a contract of a periodic nature with an annual turnover of up to EUR 25,000;
- 1 year for a contract of a periodic nature with an annual turnover figure of EUR 25,000 or more.
DEVIATIONS
Article 17
For paper, cardboard and bookbinder material, processed by the supplier, the client accepts the tolerances imposed by the manufacturers of these materials.
The supplier may deliver and invoice 5% (with a minimum of one hundred copies) more or less than the ordered number of copies. For printed matter that requires a complicated or particularly difficult finish, the supplier may deliver and invoice 20% (with a minimum of 200 copies) more or less than the ordered number of copies. The fewer or more copies are settled at the price of additional copies.
During reproduction, the supplier is allowed a certain leeway in terms of sharpness, tonal and color reproduction.
Deviations specific to the nature of the work to be performed must be permitted.
Article 18
All assignments are carried out with the normally available raw materials. Special requirements such as ink light fastness, suitability for food, etc. must be specified by the client in the price request. If they are made known afterwards, this may lead to a price adjustment. The complete correspondence of the colors to be reproduced, as well as the perfect immutability of the inks and the perfect immutability of the inking and the register are not guaranteed. Deviations specific to the nature of the work to be performed are explicitly accepted by the client.
COMPLAINTS AND RESPONSIBILITY
Article 19
Under penalty of forfeiture of rights, the client must send every complaint or protest by registered mail to the supplier at the latest within 8 days after receipt of the first delivery of goods.
If the client does not receive the goods, the period of 8 days starts from the date of the invitation to receive the goods. In the absence thereof, from the invoice date. If the supplier does not receive a complaint within this period of 8 days, this means that the client has fully accepted all goods. If the client uses part of the delivered goods or has them sent by post to third parties or has them distributed to a distribution company for distribution, This means that he has accepted the entire circulation. Defects in part of the delivered goods do not give the client the right to reject the entire order.
In the event of a poor finish, the supplier's responsibility is limited to carrying out the required improvements.
If this is not possible, the supplier's responsibility is limited to taking back the non-usable items, which are settled at the price of the additional items. If the error does not lead to unusability, the compensation due is limited to the direct damage proven by the client. This damage is then equal to maximum the percentage part of the error calculated on the entire sale price.
The supplier is not liable for indirect damage to the client, including loss of profit.
MATERIALS OF THE CLIENT - RISK
Article 20
Delivery takes place at the supplier's company. Packaging and transport are at the expense of the client. The risk of the goods during that transport is borne by the client.
Article 21
All goods (paper, films, data carriers, etc.) entrusted by the client and which are in the supplier's company, remain there for the account and risk of the client, who expressly relieves the supplier of any responsibility of whatever nature, under others in the event of damage or loss, in whole or in part, and for any reason whatsoever, except in the case of intent, gross negligence on the part of the supplier, his staff or subcontractors or when the above-mentioned safekeeping is one of the main performance of the agreement. The same applies to the goods intended for the client. The storage costs are charged from the date notified to the client.
PAYMENT - JURISDICTION
Article 22
When ordering, you may be asked to pay an advance of 1/3 of the amount, the same advance after receipt of the "good for printing" and the balance upon delivery.
The bills of exchange, checks, mandates or receipts entail neither renewal nor deviation. From the due date, every unpaid invoice will automatically and without proof of default, bear interest, equal to the reference interest rate of the European Central Bank, plus seven percentage points and rounded to the higher half percentage point. If the invoice in principal and interest is not paid within 14 days after sending a registered reminder letter, the debt will be increased with an additional compensation,
In addition, the supplier then has the right to request immediate payment of all other invoices that have not yet expired and of all amounts, for which the supplier has granted deferment of payment to the client.
The supplier then also has the right to suspend the execution of current contracts until the client has paid the advance payments described in this article.
Article 23
In the case of on-demand delivery, the invoice amount of the total order will be invoiced at the first delivery.
Article 24
If, at the request of the client, the order is canceled or the execution is provisionally suspended, invoicing will take place at the stage of execution where the order (wages, raw materials, subcontracting, etc.) is located.
This amount is increased with an additional conventional reimbursement of 10%.
Article 25
The client only becomes the owner of the goods sold after the amounts due have been paid in full. However, the risks that the goods may run are borne by the client as soon as they are made available to him.
Article 26
All disputes fall within the jurisdiction of the courts of the area where the supplier's company is located.
08/01/2003