These are the general terms and conditions of sale of Vanopack NV, with registered office at Watermolenstraat 35 in 9230 Massemen, Belgium, company number 1014 683 742 RPR Ghent, Ghent division.
Article 1. General
These terms and conditions apply to every offer, quotation and agreement, and the resulting deliveries and services of any kind between Vanopack and the client. Deviations and additions are only binding if and insofar as they have been expressly agreed in writing between the parties.
Article 2. Quotations
Verbal price offers are only non-binding. Written quotations may be subject to change due to unforeseen circumstances.
The prices stated in a quotation or offer are exclusive of VAT and include other government levies as well as any costs to be incurred in the context of the agreement, including travel, shipping and administration costs, unless otherwise indicated.
Article 3. Written confirmation
Orders must be confirmed in writing by the client. If the client fails to do so and the order is confirmed by Vanopack, and if no objection is made within 8 days of receipt, the content of this confirmation will apply. Verbal agreements and stipulations are binding on Vanopack after they have been confirmed in writing by Vanopack.
Article 4. Provision of data
If Vanopack requires information from the client for the performance of the agreement, the performance period shall not commence until the client has provided Vanopack with accurate and complete information. The client is obliged to do everything necessary or desirable to enable Vanopack to deliver on time and correctly, by providing complete and clear information or the necessary materials in good time.
Article 5. Design
Before proceeding to production, the parties must give each other the opportunity to check and approve the final design.
Article 6. Delivery period
Unless expressly stated in writing that it is a deadline, a period specified by Vanopack for completing the design is only indicative.
Article 7. Attribution
Vanopack is entitled to sign the design at all times. Without prior consent, the client is not permitted to publish or reproduce the design without Vanopack’s name/logo.
Article 8. Ownership by Vanopack
Unless further agreements have been made between Vanopack and the client regarding the transfer of ownership rights to the materials made available by Vanopack to the client, such as designs, prototypes, etc., these remain the property of Vanopack. Misuse of these materials may be prosecuted.
Article 9. Own publicity
Unless otherwise agreed, Vanopack is free to use the design for its own publicity or promotion.
Article 10. Payment obligation
Payment for services must always be made within one month of the invoice date. If the client fails to pay an invoice on time, the client will be in default by operation of law. The client will then owe interest. Any unpaid invoice will then be increased by 25% interest and 5% administration costs, with a minimum of 25.00 euros, by operation of law and without notice of default. Both extrajudicial and judicial collection costs incurred in connection with late payments are at the expense of the client. The extrajudicial costs are set at a minimum of 25% of the invoice amount, with a minimum of 175.00 euros.
Article 11. Due dates
If an invoice remains unpaid for more than one month after its due date, other invoices that are not yet due become immediately payable.
Article 12. Periodic payments
Vanopack is entitled to invoice periodically.
Article 13. Advances
For larger orders, advances may be requested, which may range from 30% to 50% of the agreement.
Article 14. Cancellation of an order
If the client cancels an order, they must pay the entire fee that Vanopack would have been entitled to upon full completion of the order, as well as all additional costs incurred up to that point. Additional costs include all costs incurred by Vanopack in connection with a project, even those that have not yet been paid by Vanopack, but for which Vanopack has already placed an order with third parties.
Article 15. Duration of agreements
If Vanopack’s work consists of repeatedly performing work for a regularly published publication, the applicable agreement shall be valid for an indefinite period, unless otherwise agreed in writing. The agreement can only be terminated by written notice, subject to a reasonable notice period of at least three months.
Article 16. Termination of the order
In the event of circumstances beyond its control, as a result of which Vanopack cannot reasonably be expected to continue to fulfil the order, Vanopack shall be entitled to terminate the order without being liable for any compensation or guarantee. Elements of force majeure include strikes, riots, shortages, stormy weather and other exceptional weather conditions.
Article 17. Liability
Vanopack can never be held liable for errors in the text or design if the client, in accordance with the provisions of Article 5, has carried out a check and given their approval. The client bears the risk of misunderstandings or errors with regard to the execution of the agreement if these are caused by actions of the client, such as the late delivery or non-delivery of complete, sound and clear data or materials. All shipments are at the risk of the customer.
Article 18. Limitation of liability
Vanopack’s liability for damage under an agreement with the client is always limited to the amount due to Vanopack.
Article 19. Guarantee of materials supplied
The client indemnifies Vanopack against any claims relating to copyrights concerning materials provided by the client that are used in the execution of the order..
Article 20. Other conditions
The client’s general and special terms and conditions are not binding on Vanopack unless and insofar as they do not conflict with these terms and conditions and insofar as Vanopack has accepted the applicability of such terms and conditions in writing.
Article 21. Belgian law
The agreement between Vanopack and the client is governed by Belgian law. All disputes shall be settled by the courts of the judicial district where Vanopack is established, which shall have jurisdiction over any dispute, even in the event of a counterclaim or cross-claim, a third-party notice or if there are several defendants.
Article 22. Responsibility
The placement of advertising panels with or without a permit is entirely at the customer’s own risk and responsibility.
Article 23. Comments
All comments or remarks concerning work carried out by Vanopack must be sent by registered post within 7 days.
