GENERAL TERMS AND CONDITIONS OF SALE
1. The Client expressly and unreservedly acknowledges that he/she adheres to the General Terms and Conditions of Sale of MELTING PROD as also published on the website www.meltingprod.eu. Any stipulation or condition appearing in any document issued by the Client and derogating from these General Terms and Conditions shall not be binding on MELTING PROD: the Client expressly renounces the use of its own general terms and conditions.
2. MELTING PROD reserves the right to modify its General Terms and Conditions at any time and without notice.
3. The Client must have taken all necessary precautions before placing an Order in such a way that he/she is solely responsible for the correspondence of the said Order with the specific purpose and needs for which it is intended. The Client undertakes to provide MELTING PROD with all necessary information to enable it to carry out its mission correctly. Only Orders validated and confirmed by MELTING PROD in writing without reservation are effectively binding. MELTING PROD strives to comply as closely and faithfully as possible with the provisions of the Order and is bound only by a best endeavours obligation. Any Client placing an order in the name and on behalf of a third party remains personally and jointly and severally liable for the payment of the corresponding invoice.
4. Any modification of the Order will only be accepted and will only come into force with the written agreement of MELTING PROD. No cancellation, whether total or partial, of a confirmed Order can be accepted, except with the express agreement of MELTING PROD, which reserves the right to invoice 50% of the amount of the cancelled Order. Cases of force majeure give MELTING PROD the right to terminate the Order in whole or in part or to postpone its execution without compensation to the Client.
5. Delivery deadlines are not binding. Any delay in delivery does not give any right to cancel the Order or to any compensation whatsoever.
6. Prices do not include transport and insurance costs, which are at the Client’s expense. Based on the prices of equipment, wages and other costs effective at the time of the express confirmation of the Order, the prices may be adjusted by MELTING PROD in the event of an increase in any of these items. Overtime and other supplements are invoiced separately.
7. Invoices are payable immediately in full, at the time of delivery, at our head office or at the financial institution mentioned on our documents. Invoices are considered accepted by the Client if, within eight days, no complaint has been made: upon delivery, the Client must ensure compliance with the provisions of the Order, in all respects (condition, quantity, quality, etc.). To be valid, any non-conformity, dispute or complaint must be clearly, precisely and completely stated and sent to us by registered letter via the postal within eight days of delivery. In the event of proven non-compliance, MELTING PROD’s sole liability is limited to the replacement or correction of the Works, MELTING PROD cannot be held liable for compensation for any other damage, in particular any indirect damage such as (and without this list being exhaustive) loss of clients, damage to image or commercial reputation, moral damage, etc. MELTING PROD declines all responsibility for printing or reproduction work carried out with equipment containing errors, even if it has checked this personally.
In general, the delivered Works are neither taken back nor exchanged, except in the event of an error on the part of MELTING PROD. Any return of the delivered Works must be the subject of a prior written agreement between the Client and MELTING PROD. The Works are taken back new/intact. Any Works returned without this agreement will be kept available to the Client and will not give rise to a credit note. The costs and risks of returning the Works are the responsibility of the Client, unless otherwise specified by MELTING PROD. No returns will be accepted after a period of 30 days following delivery. Any return accepted by MELTING PROD will lead to the settlement of the Order by MELTING PROD for the benefit of the Client after qualitative and quantitative verification of the returned Works.
The use, even partial, of the Product automatically entails full approval thereof by the Client. Under no circumstances may the latter invoke any claim to suspend or delay payment.
8. In the event of non-payment by the due date, MELTING PROD may, without prior notice, suspend or cancel all Orders, whether pending or not, without prejudice to any other means of action. Interest of 1% per month will be payable on amounts due, with any month started being due in its entirety. In addition, the amount of the unpaid invoice will be increased by a fixed and irreducible penalty clause of 10% with a minimum of 200 euros, without prejudice to any other damages that may be due. By way of derogation from Article 1256 of the Belgian Civil Code, and in all cases of instalments, partial payments shall be deducted first from the legal costs, then from the amount due as a penalty clause, then from the interest and finally from the principal, costs and taxes.
9. Failure to pay an invoice shall result in all other debts becoming payable, even debts not yet due, owed to MELTING PROD by the Client.
10. MELTING PROD cannot be held liable for the loss or deterioration of the Order during its delivery by the delivery services, nor for any damage resulting from late delivery or non-delivery by the carrier.
11. The delivered Works remain the exclusive property of MELTING PROD until full payment of the price. If there is a delay in payment, MELTING PROD retains the right to resume the Works delivered until full payment has been made.
12. The use of our Works is subject to copyright and related rights. Unless expressly agreed otherwise, MELTING PROD retains the intellectual property and all rights attached to the Works it delivers. Any reproduction, publication, exhibition and general use of our work may only be made with our prior written consent.
13. In the event of transfer of reproduction rights, our Works may only be used in the context of an advertising campaign after payment of due invoices and this is in any event limited to the duration of the campaign specified in the Order or, in the absence of specification, to a maximum duration of 6 months starting from delivery. Any subsequent use of the Works is subject to the prior authorisation of MELTING PROD.
14. The use of our Works is under the exclusive responsibility of the Client, who is solely responsible for the individuals and property represented, and for the texts, captions and music that accompany its use. Our Works may not be transferred in any way to third parties without the prior written consent of MELTING PROD. No copies or reproductions of them may be made, irrespective of the medium.
15. Failure by MELTING PROD to exercise one or more rights conferred by this contract does not imply tacit waiver of its rights or the future exercise of its rights.
The possible nullity or invalidity of one of these provisions does not entail the nullity of the other provisions, which remain fully valid.
16. Any disputes relating to the validity, performance or interpretation of the General Terms and Conditions or any Order in general will be governed by Belgian law and fall within the exclusive jurisdiction of the French-speaking courts of the judicial district of the head office of MELTING PROD.