GENERAL TERMS AND CONDITIONS OF SALE
GENERAL TERMS AND CONDITIONS OF SALE MAXIMUM IMAGE BV
1. By transferring an order, the Customer unreservedly agrees to these general terms and conditions of payment. The parties therefore agree that their mutual rights and obligations are governed by these general terms and conditions. The Vendor expressly rejects the general terms and conditions appearing on any writings by the Customer. The Customer may therefore not invoke his own general terms and conditions against the Vendor..
2. (2) Any dispute must be sent to the seller by registered letter within 8 days of receipt of the goods, failing which the goods shall be deemed to have been definitively accepted.
3. The purchaser who still wishes to cancel his order after signing the order form must do so by registered letter within 8 days of signing the order form. In this case, the purchaser shall owe fixed damages amounting to 15% of the value of the order..
4. Delivery terms are provided by way of information only and are not binding on the seller. Delays in delivery do not entitle the buyer to compensation or to rescind the contract..
5. All invoices are payable at the seller's registered office within 30 days of the invoice date unless explicitly stipulated otherwise in writing. The existence of complaints does not release the customer from his obligations to pay the invoices on their due date. The sending of the invoice serves as a reminder to pay..
6. In the event of non-payment on the due date of the invoice, default interest shall be payable on the invoice amount by operation of law, without prior notice of default and contrary to Article 1146 of the Belgian Civil Code. The applicable interest rate shall be that determined on the basis of the Law on combating late payment in commercial transactions. This interest rate shall also be applied if the customer is not a merchant. A lump-sum compensation in the amount of 10% of the invoice amount (with a minimum of € 75.00) shall also be due ipso jure and without prior notice of default as a provision for damages. Expenses associated with unpaid bills of exchange or cheques as well as other collection costs are not included in this lump-sum compensation and shall be charged to the buyer separately.
7. In the event of non-payment of the invoice, the seller reserves the right to suspend the execution of its obligations under all current agreements and to dissolve any order or current contract without judicial authorisation, without prior notice of default and without entitlement to any compensation from the customer.
8. The non-payment on its due date of one or more invoices will make the balance due under all other invoices, irrespective of their due date, even if not past due, immediately payable in full by operation of law and without prior notice of default.
9. Any late payment shall automatically and without notice of default entitle do seller to offset the payment(s) due against any outstanding debts they would have towards the customer. The existence of complaints shall not relieve the customer of his obligations to pay the invoices when due, nor shall the customer be entitled to offset his due debt against any claim he would have against the seller.
10. If at any time doubts arise for the seller regarding the creditworthiness of the customer due to acts of judicial execution against the customer, in case of non-payment or late payment of one or more invoices and/or any other demonstrable event, the seller expressly reserves the right to demand advance payment or (other) securities for deliveries yet to be made, even if the goods have already been delivered and/or placed in full or in part. If the customer refuses to comply with this request, the seller reserves the right to dissolve the agreement immediately, unilaterally, without judicial authorisation and without any compensation in favour of the customer. In such a case, the customer shall owe a fixed compensation as stipulated in the following article.
RETENTION OF TITLE
Without prejudice to the Side's risk in relation to the goods delivered, the Vendor expressly retains title to the goods delivered until full payment of the principal sum, interest, costs, damages and taxes. Notwithstanding this retention of title, the risks of loss or destruction of the sold goods shall nevertheless be borne in full by the customer from the time the sold goods are delivered to the customer. Until such time as ownership of the goods sold is effectively transferred to the customer, the customer is expressly prohibited from using the delivered goods as a means of payment, pledging them or encumbering them with any other security right; and the customer shall affix to the delivered goods a sign clearly and legibly indicating that the delivered goods remain the property of the seller. The customer undertakes to notify the seller immediately I by registered letter of any attachment allegedly logged by a third party on the goods sold. The customer bears a duty of care with regard to the goods subject to retention of title and must store them in perfect condition in an appropriate and clean place in accordance with the highest standards and safety requirements prevailing in the sector. In case the payment of the purchase price has become due and payable, the seller shall be entitled and irrevocably authorised by the customer, without any judicial intervention, to remove the delivered goods from the customer's premises at the customer's expense, without prejudice to the application of these general terms and conditions..
12. The seller reserves the right to regard the agreement as terminated ipso jure and without prior notice in the event of bankruptcy, obvious insolvency or any change in the buyer's legal situation. In this case, a fixed compensation of 30% of the total purchase price shall be due by the buyer, even more if the proven damages are greater..
13. The buyer undertakes to inform the seller immediately - under penalty of damages - of any seizure by a third party. He also undertakes to enable the seller, without prior notice, to repossess the goods, to allow the carrier to enter the premises and to bear all the costs of removing the goods. He also undertakes to inform the seller on request of the name of any third party acquiring the goods.
14. The buyer is prohibited from modifying the merchandise in any way and from using packaging or brands other than those of the seller. The buyer is prohibited from imitating, allowing to imitate or in any way enabling the imitation of the seller's models.
15. The issuance of commercial paper and/or bills of exchange, whether accepted or not, for full or partial payment of invoices or to secure such payment, and/or the acceptance of payment methods, will not entail any change to these general terms and conditions. In all cases, the articles above and below will remain fully applicable.
16. The invalidity or nullity of any clause of this agreement shall extend only to the clause in question and shall in no way invalidate or nullify the entire agreement.
17. Only Belgian law shall apply to this agreement and only the competent court of first instance in East Flanders, Ghent division, the commercial court in East Flanders, Ghent division or the Justice of the Peace of the canton in Zelzate shall be competent to take cognisance of disputes arising from this agreement. However, the seller reserves the right to opt, at its own discretion, to bring the dispute before the court with territorial jurisdiction under common law..
Extra useful to know:
- More or less delivery may apply to certain projects. Your contact person on a project basis will state this in advance. Upon agreement, the conditions communicated at that time will apply regarding more or less delivery.
- A proof or visual representation is very important to be viewed with due consideration by the buyer. Once approved for production, it cannot be deviated from.
- A colour difference within the same brand is possible in some cases. Albeit to a limited extent.
- Colours on a screen are never representative and may vary from screen to screen.
- PMS colours (or PANTONE colours) are the best way to get your colours consistent across all your print work. However, it is never 100% exact, also because the background of the print work can cause deviations.
- If the customer wishes to use a PMS colour, but cannot specify it and Maximum Image must determine the colour, the customer agrees to our chosen colour.
- With transfer printing, the printing plate may still be visible upon delivery. This is no cause for complaint as it is part of the printing process. However, we make every effort to avoid this as much as possible. One solution may be to wash the garments after receipt.