These general conditions and professional practices shall apply to all quotations, contracts, agreements and deliveries of the Grafische Groep Matthys, unless deviated from in an express written agreement.
All invoices of the Grafische Groep Matthys are net payable on the due date in Turnhout. Issuing promissory note or receipts is not intended as a deviation from this provision.
For each invoice not paid on the due date, a default statutory interest of 14% shall be claimed from the due date, without notice of default being required.
The invoice amount shall automatically and without notice of default being required increased by 10% with a minimum of €25,- as a conventional penalty clause in the event of non-payment as result of negligence or intent. This clause is without any adverse interpretation of Article 1023 of the Belgian Judicial Code.
All shipments are at the risk of the buyer.
All quotations of the Grafische Groep Matthys are non-obliging. They are given subject to inspection of the to be reproduced originals. Requests for changes to texts or models by the customer after the completion of the contract shall be invoiced separately.
All designs, drawing, retouching and tests are invoiced separately and are payable even if no actual contract for printing follows. Tests are only delivered on the express request of the customer.
Additional laborious text, unclear copies, unclear sketches, drawings or models, inadequate information carriers, improper software or data files, inadequate method of delivery of the materials or products and all similar deliveries of the customer that result in more work or costs for the Grafische Groep Matthys than could reasonably be expected at the conclusion of the agreement shall give grounds to increase the agreed price.
The performance of submitted work, in any forms whatsoever, shall be at the exclusive risk of the customer. The Grafische Groep Matthys therefore rejects any responsibility with relation to any proceedings for counterfeiting or copyright when creating drawings or prints. The person placing the order shall be deemed to have acquired the right of the owner of the model or the holder of the copyright.
All orders placed for a third party, even if this third party must be invoiced, shall be obliging to the customer responsible for the payment if the third remains in default.
The customer may not appeal to a dispute with a third party to refuse a payment.
The delivery term is only indicative, and not meeting this term can never lead to a discount on the price or the dissolution of the order or result in a claim for damages.
The Grafische Groep Matthys can never be held liable for any delays in the planning caused by the failure of its supplier.
The customer should make any materials available in time with respect to the planning.
Any liability for damage to or loss of originals, objects, prints and computer files belonging to the customers that have been left in the possession of the Grafische Groep Matthys is expressly rejected. Any risk can be covered by insurance if the customer requests this in writing, but the premiums shall be charged to the customer.
All objects created by the Grafische Groep Matthys, including at the express request of the customer, remain the property of the Grafische Groep Matthys. The customer has no claim to these.
Subject to any prior agreement, the Grafische Groep Matthys is not held to keep seats, cliches, films, designs, drawing, photos, digital files, shapes, etc.
Complaints about the quality or the form of implementation must be made within 3 days after receipt of the goods. All other complaints must be made within 8 days after receipt of the invoice. All complaints must be made in registered letter within the said periods.
In case of mistakes attributable to the Grafische Groep Matthys, its liability shall be limited to remaking the print. Failing to pay an invoice shall not be accepted in such event. The Grafische Groep Matthys must be given the opportunity to rectify their mistake. A discount might be agreed on in mutual consultation.
The Grafische Groep Matthys can never be held liable for any consequential damages in any form whatsoever.
The customer must always check the delivered files before printing. The Grafische Groep Matthys can never be held liable for any prints made with faulty or incorrectly manufactured files. Changes to files requested by customers shall be at their risk. The customer must give an express and written order for such changes.
The customer is responsible for the correction of the errors attributable to him. Changes of any kind whatsoever shall be charged to the customer. This also applies to standstills of machines awaiting approval. The changes made by phone or in person shall be performed at the risk of the customer.
The orders must be made in writing and contain all necessary information. If the order is placed orally, the delivery note or invoice of the Grafische Groep Matthys shall be considered a substitution of a written order.
Only the courts of Turnhout have jurisdiction in the event of disputes. This also applies when promissory notes are accepted and it concerns their collection.