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1 The method of packaging the goods
1.1. The client ensures that the goods are packed in boxes and that the boxes are stacked on pallets.
The client's details and the date of delivery must be stated by the client on each box.
The goods may not be loose in a box and the goods may not be wrapped in plastic.
1.2. The goods are preferably separated from each other in the following categories and where the category is clearly indicated on the box:
- unworn or used clothing / fabrics
- worn or used clothing / fabrics
- cutting waste and unassembled fabrics
- clean room clothing
1.3. All delivered goods must be washed prior to delivery;
The goods may thereby:
- contain only textiles and no other materials;
- are not contaminated, such as not containing traces of human or animal remains, chemical or nuclear waste or other possible toxic pollution.
1.4. If the goods did not originate with Alsico N.V., the client must provide the origin and composition of the goods individually to Alsico N.V.
1.5. If Alsico N.V. determines upon delivery of the goods that one or more of the above conditions have not been respected, Alsico N.V. reserves the right to refuse the goods or to return them to the client at the expense of the client.
The client will in no way be able to claim any compensation from Alsico N.V.
2 The method of delivery of the goods
2.1. The goods are delivered at the expense of the client to the registered office of Alsico N.V., at 9600 Ronse (Belgium), Zonnestraat 223.
2.2. Goods can only be delivered on Tuesdays and on the reserved time slot.
The time slot specified by the client is only final after confirmation by Alsico N.V. The time slot can still be changed after acceptance of the order by Alsico N.V.
2.3. The client acknowledges that by handing over the goods to Alsico N.V. he waives his property rights and he can no longer claim the goods.
Alsico N.V. may freely choose the destination of the goods from the date of delivery, except for goods with a logo, which must always be destroyed.
3 The costs of processing the goods
3.1. The costs of processing the goods are charged on the basis of the weighing of the goods at and by Alsico N.V.
3.2. Alsico N.V. charges the following costs for the processing of the goods:
- goods with reflective tapes: 1.00 euros / kg
- other goods: 0.25 euros / kg
3.3. After processing the goods, the client receives:
- a detail of the weighing;
- the invoice for the processing of the goods;
- a certificate of processing by Alsico N.V.
3.4. Alsico N.V. expressly points out to the client that marked clothing will always be destroyed.
4 The damage
If Alsico N.V. suffers damage as a result of the client not respecting the conditions and modalities that have been agreed in the current agreement, Alsico N.V. is entitled to charge a fixed compensation of 5 euros / kg to the client. If the damage is higher than the fixed compensation, Alsico N.V. is entitled to charge this, provided that this damage is substantiated.
5 Application of the general and specific sales conditions
5.1. Insofar as this agreement does not provide for any arrangement, the general terms and conditions of Alsico N.V. apply (including with regard to damage clauses).
5.2. The client acknowledges that he has previously taken note of these terms and conditions and that he accepts them in full.
6 General provisions
6.1. Any amendment to this agreement must be in writing and signed by each Party.
6.2. Unless otherwise provided in this Agreement, in no event shall any Party's failure or delay in exercising any right or remedy under this Agreement be deemed a waiver of such right or remedy, or of any other right or remedy to which it may Party can invoke under this agreement.
6.3. Unless otherwise provided in this agreement, any waiver must be in writing and signed by the waiving Party or an authorized representative.
7 Partial nullity
7.1. If any provision of this Agreement is found to be illegal, void or unenforceable in whole or in part under applicable law, such provision shall no longer form part of this agreement. The legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or weakened in any way.
7.2. This illegal, void or unenforceable provision will then be the subject of discussions between the Parties, who will negotiate in good faith a provision that comes as closely as possible to the economic intent and content of the illegal, invalid or unenforceable provision.
8 Applicable law and disputes
8.1. Belgian law, with the exclusion of the Vienna Sales Convention, applies to the agreement.
8.2. Only the courts of the district of Oudenaarde have territorial jurisdiction to hear disputes between the Parties.