The general terms and conditions of sale are applicable to the whole range of pre-contractual and contractual dealings between parties, notwithstanding any other instructions that might appear on order forms or other documents from the buyer. Deviations can only be accepted with written consent.
Every offer binds the seller for a period of 90 days. After this period the seller reserves the right not to accept the order or to modify the conditions.
An order can consist either of a signed offer (or contract)or a confirmation by e-mail (or other electronic medium). Orders are binding for the client. Any cancellation of an order must be written. It is only valid with a written acceptance by Alsico NV. In the event of cancellation by the client or if the agreement cannot proceed due to his actions, a fixed fee of 25% will be due on the total price of the order in addition to the performances and costs already incurred by Alsico NV.
The client acknowledges the contents of the document, concerning directive 96/74 related to the definition of the abbreviations used for the composition of material in garments, which he has read and approved,.
5. Final delivery date
Given final delivery dates are only indicative and approximate. Time limits can be lengthened without giving right to termination of the contract, refusal of the goods or claims. The transport of the goods is always at the buyer’s own risk, even when there is no charge for delivery.
6. Reservation of Ownership
ALSICO nv reserves the right of ownership on all the goods that it delivers until the moment that all payments have been made, notwithstanding, the decision of article 1583 (Belgian Law Book).
7. Intellectual Ownership and Confidentiality
7.1. Unless otherwise stated in the contract, ALSICO nv remains the owner of all the rights of intellectual ownership on all works developed by them for the client (among which are included but not limited to concepts, sketches, drawings, designs, images, and reference thereto in the goods). The delivery of the goods does not extend to transfer of rights of intellectual ownership.
7.2. All concepts, sketches, drawings, designs, images, etc. provided by ALSICO nv are exclusively destined for use in the making of goods by ALSICO nv and may not be duplicated, made public or brought to the knowledge of third parties without the prior permission of ALSICO nv. These materials, along with any other information provided by ALSICO nv must be regarded as confidential (business secret) and may only be used for the services of ALSICO nv.
7.3. The intellectual rights of ownership on all the material that the client provides to ALSICO nv within the framework of pre-contractual and contractual dealings (e.g. Logos), remains the client’s property or from the third party from whom the client has received permission to build ALSICO nv materials. The client extends the right to ALSICO nv to use these materials for the benefit of presenting an offer and manufacturing the goods. The client guarantees that the materials made available by him will not infringe on the rights of third parties and that he is legally obliged to make these materials available to ALSICO nv The client also fully safeguards ALSICO nv from any demands and claims for damages related to third parties, and safeguards ALSICO nv equally against any subsequent costs that the client may have accumulated in relation to those demands and claims.
8. Complaints and returning of goods
If there are any visible shortages, the buyer should submit a written complaint within 8 days of reception of the goods. Complaints received after an item has been used will not be accepted. In the case of hidden shortages, the buyer should at the risk of forfeiting his rights, inform the seller in writing within 8 days of noticing the shortage. Without written consent from the seller, the goods may not be returned and such consent shall in no circumstances approve. If the buyer wishes to return goods for which no shortages were observed, the goods will only be returned with permission of the seller, and this, exclusively if the item has not been used and is still in its original packing and still stocked by the seller. Only in this case, the vendor will issue a credit note worth 75 % of the initial invoice value if the customer returns the goods himself, or worth 70 % if the vendor needs to (let someone) collect the goods.
In the event of defects in the product, the maximum compensation charged to ALSICO N.V. will be limited to the invoice value of the product. However, if the raw materials are imposed by the customer, the maximum compensation will be calculated on the invoiced end product excluding the raw materials.
The payment term starts immediately from receipt of invoice. Within a period of no more than 30 calendar days after receipt of invoice, complaints regarding incorrect invoice information will be accepted.
The exceeding of this period of 30 calendar days without complaints implies the acceptance of the invoice by the customer. If the invoice is adjusted within 30 days for the above reason, the contractual payment term always applies from receipt of the initial invoice.
Unless stated otherwise in the contract, invoices are payable on delivery. If one of the invoices is not settled by the last due date of payment, it will be demanded by operation of law and without notice of default, just as any other debt claims, even those that have not yet reached their last payment date. In the case of late payments the invoice amount will, by operation of law and without prior notice of default, be increased by 1% interest on a monthly basis. The seller reserves the right to raise the invoice amount by 10% with a minimum of 130€ in compensation for incurred expenses.
10. Circumstances beyond one’s control
All cases of circumstances beyond one’s control automatically put an end to the obligations of the seller and relieve him of all responsibility for all kind of damages.
11. Competent Court
Any disagreement concerning the present contract is to be brought exclusively before the ‘Rechtbank van Koophandel’ (Commercial Court) in Oudenaarde.
12. Company address
Tel +32 (0)55 23 71 71
Fax +32(0)55 23 71 79