Despite being otherwise declared in written, all contract conditions of FOODSTHO NV apply to offers and invoices from FOODSTHO NV and for all agreements between FOODSTHO NV and the client. The sales conditions of the client are only valid when accepted in written by FOODSTHO NV. In case of contradictory, sales conditions of FOODSTHO NV are primary
All offers, either verbal or by written are entirely without obligation and purely indicational. They don’t force FOODSTHO NV to any obligation. Offers are without VAT and taxes. These are at the clients expenses. In case of composed price indications there’s no obligation to delivery part of the package at the initially indicated price for the package
FOODSTHO NV has the right to pass on price increases of raw materials, goods, transport costs etc. even after the acceptance of an offer. FOODSTHO NV will inform the client in written. The price increase doesn’t grant the right to break the agreement between both parties
Samples are indicational and non-binding. Difference of the produced goods and the samples can not lead to claims or breaking of the agreement.
De offers are without obligation and under condition of sales or stock positions. The can be altered when raw materials, utilities and labor costs increase.
All orders are executed with standard available raw materials. Special recommendations from the client need to be communicated well on time before the production or delivery date.
In case of annulation of an order by the client, a lump sum of 75% of the agreed order amount will be paid to FOODSTHO NV. From the moment of confirmation of the order by written or verbal, no cancelling of the order is possible, despite the payment of the lump sum described above.
The client can only stop the cooperation with periodical orders despite taking into account a notice period of 6 months. De cancellation can only be stopped by registered letter. The client will reimburse FOODSTHO NV for the damage and lost profit when not living up to this notice period
The agreed delivery and implementation conditions are indicational and non-binding. The exceedance of these delivery or implementation conditions are no reason for any liability from FOODSTHO NV and is no reason for breaking the agreement
Despite being otherwise declared in written, goods are sold FCA. When transport needs to be arranged by FOODSTHO NV, the client will be responsible for the risk of transport and transport costs will be charged. The client has the right to control and count the goods after pick-up and delivery. Damages or defaults of the product need to be communicated to FOODSTHO NV by registered letter maximum 8 days after the pick-up of the goods. Damages or defaults on part of the products can not lead to a general disapproval of the goods
When the client doesn’t fulfill his liabilities to FOODSTHO NV, FOODSTHO NV has the right to stop the co-operation and claim a compensation for lost damages
FOODSTHO NV can stop the co-operation with a letter of notice and without legal intermittent. When the co-operation is stopped, 75% of the order agreement can be claimed from the client
Every invoice will be accepted unless it is protested by registered letter within 8 days after reception of the invoice.
All invoice will be paid on the registered offices of FOODSTHO NV on one of the accounts mentioned on the invoice or communicated by FOODSTHO NV. The costs of payment are at the expense of the client.
In case of nonpayment within the payment period, the open standing invoices will, without previous warning by legal intermediate be increased with a default interest of 10% per year and the open standing amount will be increased with 10% of the invoiced amount with a minimum of 250,00 EUR even when awarding a period of grace. A nonpayment of one invoice on the expiry date of the invoice makes all other open standing invoices due and payable.
A client making an order with the request to invoice it to a third party will be held reliable to correct payment even if FOODSTHO has accepted this method of payment.
The client will only be full owner of the goods after all invoices are completely paid. The risk of the accepted goods is on behalf of the client
FOODSTHO NV is only liable for refunding the non-conform parts of the deliveries and is not accepting other compensations.
The relation between the client and FOODSTHO NV is governed and construed in accordance with the laws of the Kingdom of Belgium.
All disputes will be submitted to the exclusive jurisdiction of the competent courts of Ghent (Belgium)