General terms and conditions of sale
These general conditions and professional practices are valid for all our offers, work, agreements and deliveries.
The fact of handing over the production elements (raw materials, model, copy, and/or digital files, ...) to the supplier with the request, without explicit reservation, to supply a proof or a project, constitutes a commitment to the supplier to entrust him with the execution of the work or to compensate him for the costs incurred.
The supplier's offers are without obligation and subject to sale or sufficient stock. If wages and/or raw material prices rise, the offer prices will be revised in accordance with Febelgra's indexation formula, which will be sent to the client on first request. The offers are always made exclusive of taxes, which are always payable by the client.
The period of validity of an offer is one month for work to be carried out within three months. The price of the offer is only valid for the work mentioned in the offer.
REPRODUCTION RIGHTS AND NAMING OF THE SUPPLIER
The supplier is not liable for infringements of reproduction rights held by third parties, provided that he has carried out his reproduction work in good faith. Only the client is liable. Any dispute concerning the reproduction rights shall suspend the execution of the work.
If required by law, the client may not object to the mention of the supplier's name, even if the printing work already mentions the name of a publisher or intermediary, advertising agent or others.
COMPOSITION, SUPPLIER'S MATERIALS, PROOFS AND VOUCHER
The typeface and layout shall be freely chosen by the supplier. The supplier shall not be responsible for the typographical quality of the ready-to-print templates or layout files received from the client.
If the client makes material available to the supplier, it must be delivered on time (in accordance with the production schedule), free of charge, duly packaged, to the supplier's company premises. The signature for receipt of the transport documents only confirms receipt of the material.
If the client provides digital prepress material without a printed version, the supplier is not responsible for the result of the flashing.
If the client provides digital files to the supplier, he himself is obliged to keep the original files and is responsible for the quality of these files.
With the exception of fraud and gross negligence on the part of the supplier, his staff or subcontractors, any difficulties or delays in production resulting from problems with the materials supplied shall extend the delivery period and increase the price on account of the additional costs attributable to the aforementioned problems.
At the request of the Client, the supplier shall produce a simple proof such as a laser print, ozalid or imposition proof. Careful proofs, e.g. in true colours and/or on printing paper, shall be invoiced in addition. If the Client does not request proofs, the supplier shall in no way be liable for the quality of the finished product.
The supplier shall be obliged to correct any errors in composition and hyphenation of words indicated by the Client, but shall not be liable for spelling, linguistic or grammatical errors. Any changes to the original order in any way whatsoever (in the text, in the handling or placement of illustrations, in the formats, in the printing or binding work, etc.) made in writing or in any other way, by or on behalf of the principal, will be invoiced in addition and will extend the execution time. This also applies to the downtime of the machines while waiting for the "ready for press". Changes transmitted orally or by telephone shall be carried out at the risk of the Client.
The transmission by the Client of a duly dated and signed "ready for press" discharges the supplier of any liability for errors or omissions that may be found during or after printing. The "good-to-pull" remains the property of the supplier and will be used as proof in the event of a dispute.
Any circumstances hindering the proper execution of the work or causing excessive difficulties, as well as force majeure, relieve the supplier of any responsibility and allow him, depending on the case, to terminate or suspend the contract without compensation or indemnity.
PERIODIC - NOTICE
The principal may only withdraw the execution of a periodic type of work from the supplier, i.e. work consisting of recurring partial works, by respecting the notice period, notified by registered letter.
The supplier and the principal shall be obliged to comply with the codes and practices in the stationery industry drawn up by FEBELGRA
CLAIMS AND LIABILITY
On pain of forfeiture of his rights, the Client must send any claim or dispute to the supplier by registered mail within eight days of the first delivery of the goods. If the client does not take delivery of the goods, the period of eight days shall start to run from the date of the invitation to take delivery of the goods or, failing that, from the date of the invoice.
If the supplier does not receive any complaint within this period of eight days, the client shall be deemed to have accepted all the goods.
If the client uses part of the delivered goods, has them sent by post to third parties or entrusts them to a distribution company, he shall be deemed to have accepted the entire consignment.
Defects in part of the delivered goods shall not entitle the client to reject the entire order. The supplier cannot be held liable for indirect damage caused to the client, such as loss of profit.
The supplier's liability is limited to taking back non-conforming copies, for which reimbursement will be calculated at the price of additional copies.
PRINCIPAL'S MATERIALS - RISKS
Delivery takes place at the supplier's premises, with packaging and transport being at the expense of the Principal. The latter is responsible for the risks that the goods run during transport.
All materials (paper, film, information media, etc.) entrusted by the client to the supplier shall be delivered to the supplier.The client expressly releases the supplier from any liability whatsoever, inter alia in the event of damage or loss, whether complete or partial, for any reason whatsoever, except in the event of fraud or gross negligence on the part of the supplier, his staff or subcontractors or if the aforementioned storage constitutes one of the main services of the agreement. The same shall apply to goods intended for the Purchaser. Unless otherwise agreed, all storage costs shall be charged from the date notified to the Customer. In the event of failure to pay on the agreed date, the goods shall be retained as security and pledge of the amounts due.
PAYMENT - JURISDICTION
At the time of the order, payment of a deposit of one third of the amount may be required, the same deposit upon receipt of the "ready for collection" and the balance upon delivery. Bills of exchange, cheques, money orders or receipts do not entail any novation or derogation to this clause. As from the due date, each unpaid invoice shall automatically and without notice of default bear interest on arrears equal to the key rate of the European Central Bank, increased by seven percentage points and rounded up to the next half percentage point. If the invoice in principal and interest is not paid within 15 days following the sending of a registered letter, the debt will be increased by an additional compensation, conventionally fixed at 15% of the amount due on the due date, with a minimum of 50 EUR.
In addition, the supplier shall be entitled to demand immediate payment of all (unpaid) invoices and other amounts for which the supplier has granted the client a payment term. The supplier is therefore also entitled to suspend the execution of current agreements until the Client has paid the aforementioned advance payments.
In the event of delivery(s) on demand, the amount of the entire order will be invoiced with the first delivery.
If, at the request of the Client, the order is cancelled or its execution is suspended, invoicing will take place at the current stage of the execution of the order (wages, raw materials, subcontracting, etc.). The amount will be increased by a conventional compensation amounting to 10%.
The principal will only become the owner of the goods sold after full payment of the amounts due. Nevertheless, the risks that the goods may incur shall be borne by the Client as soon as the goods are placed at his disposal.
All disputes shall be subject to the jurisdiction of the courts in the area where the supplier's business is located.