DELIVERY TIMES
Article 14
The deadlines for delivery will be fixed in writing at the time of the order, starting from the working day following the delivery of necessary materials. The agreed delivery times will be extended if the purchaser fails to provide the necessary materials, or to return corrected prepress proofs. In the event of an emergency, and more generally, in all contexts which may prevent, limit or delay the supplier’s fulfilment of the work, the supplier is relieved of all responsibility, may reduce commitments, withdraw from the agreement or cancel the fulfilment. Such circumstances include: war, civil war, mobilisation, unrest, strikes, lockouts (both on the part of the supplier and co-suppliers), broken machinery, fires, transport disruption, supply chain problems, and restrictions or prohibitions imposed by the authorities.
ONGOING WORK – NOTICE
Article 15
The purchaser may withdraw from a contract for the fulfilment of ongoing work only in compliance with the notice periods set out below. Notice must be given by registered letter. In the event of noncompliance with these deadlines, the purchaser shall compensate the supplier for all damages and loss of profit incurred during the period of noncompliance.
Notice periods:
– 3 months for regular work representing an annual turnover of less than EUR 7500;
– 6 months for regular work representing an annual turnover of less than EUR 25,000;
– 12 months for regular work representing an annual turnover of EUR 25,000 or above.
MANUFACTURING TOLERANCES
Article 16
For paper, cardboard and binding materials used by the supplier, the purchaser accepts the manufacturing tolerances set out by the manufacturers of this material.
The supplier may deliver and invoice for 5% above or below the number of the units ordered (with a minimum of 100 units). For printed materials which require a complicated or particularly difficult finish, the supplier may deliver and invoice for 20% above or below the number of ordered units (with a minimum of 200 units). Additional or reduced units are always calculated at the price of additional units.
Article 17
All work will be carried out with readily available raw materials. Any special requests, such as for ink that is permanent or suitable for food products, must be communicated by the purchaser when requesting a quote. If these requests are communicated at a later stage, this may lead to adjusted prices.
We cannot guarantee that the colours of inks and reproduction will be perfectly matched. These differences, specific to the particular piece of work, will be expressly accepted by the purchaser.
CANCELLATIONS, COMPLAINTS AND LIABILITY
Article 18
Every client has the right, without a need to give justification, to withdraw from a purchase during the legal cancellation period of 14 days. This period begins from the day of the client’s purchase, or from a time determined by a mutual agreement between the seller and the client (or the client’s representative). During this cancellation period, the client will with due diligence store the received products and their packaging. Should a client wish to use their right to return, they should return all products in their original packaging addressed to AZAO Print & Editions SPRL, rue de Gaillarmont 76, 4032 Chênée, Belgium. The only cost of returning the products shall be shipping costs. If the client has already paid for the returned projects, they will be reimbursed within 30 days of receiving the returned items.
IMPORTANT: The right to cancellation does not apply to products made to meet client specifications. More information on this subject can be found in article 19, below.
Article 19
The right to cancellation does not apply to goods manufactured according to the client’s specifications, or which are clearly intended for a specific person. Azao Print & Editions SPRL cannot accept returns of such purchased products within the period of 14 days, as these goods have been manufactured according to client specifications and are clearly personalised. This completely invalidates the right to cancellation for goods purchased from Azao Print and Editions SPRL.
Article 20
The client must send any complaint or dispute to the supplier by registered letter, within 14 days of the delivery of the goods. If the client does not accept the goods, the 14 day period will start from the date when the goods were delivered to the client’s address, or when that is not possible to determine, from the invoice date.
If the supplier does not receive a complaint within this period of 14 days, the purchaser is considered to have accepted all the goods.
If the purchaser uses any part of the goods, has them sent by courier to a third party or entrusts them to a distribution company, they are considered to have accepted the entire print run. Defects found on some of the delivered products do not allow the ordering party to refuse the entire order. The supplier will not be held responsible for any consequential damages caused to the purchaser, such as loss of profit.
Article 21
The supplier’s liability is restricted to the recovery of non-compliant units, the reimbursement of which will be calculated at the rate of additional units.
PURCHASER’S MATERIALS – RISKS
Article 22
Delivery will be fulfilled by a company contracted by the supplier. The purchaser will pay for packaging and transport. The purchaser is responsible for any risks impacting the goods during transit.
Article 23
The supplier will not be responsible for the storage of goods to be delivered. It is the client’s responsibility to provide all accurate information to enable the delivery. If a delivery is returned despite this by the delivery company, Azao Print & Editions SPRL undertakes to store the goods for a maximum period of 1 month from receipt of the return by Azao Print & Editions SPRL. If, during this reasonable period the client does not mention the return, the goods will be destroyed with no possible recourse. During this period, the client will have the right of initiative and may at any moment contact Azao Print & Editions SPRL to arrange a new delivery time.
Article 24
All materials (paper, films, information, etc.) entrusted by the purchaser to the supplier’s company will be stored at the risk of the purchaser, who will expressly release the supplier form any liability whatsoever, including in the event of complete or partial damage or loss, except in the event of fraud or gross negligence on the part of the supplier, its employees or subcontractors, or when this aforementioned storing is one of the main agreed services. The same applies to goods addressed to the purchaser. Unless otherwise agreed, all storage fees will be charged from the notified date to the purchaser. If this payment is not made by the agreed date, the goods will be retained as a pledge of the owed amount.
PAYMENT– JURISDICTION
Article 25
When ordering, the payment in full or a deposit of a third of the final cost may be required, followed by another third upon receipt of the prepress proof and the outstanding balance upon delivery of the product. Loan payments, cheques, money orders or bills do not constitute novation or exemption from this clause. Starting from the day of the due date, each unpaid invoice will automatically and without formal notice bear late payment interest equal to the rate set by the European Central Bank, increased by seven percentage points and rounded up to the nearest half percentage point. If the invoice and interest is not paid within a period of 15 days after a registered letter was sent, this debt will be increased by an additional amount of 15% of the amount due on the day of the due date, with a minimum of 50 EUR.
In addition, if necessary, the supplier is entitled to demand immediate payment of all (non-due) invoices and all other owed amounts for which the supplier has set the client a payment term. The supplier also has the right to suspend the fulfilment of outstanding contracts until the purchaser has paid the aforementioned amount.
Article 26
In the event of delivery/deliveries on demand, the amount of the entire order will be invoiced upon the first delivery.
Article 27
If, following the purchaser’s request, the order is cancelled or suspended, the amount to be invoiced will be calculated according to the extent of the manufacturing’s progress (salaries, remunerated work, raw materials, commissioned illustrations, subcontractors etc.). This amount will be increased by a compensation of 10%.
Article 28
The purchaser will have exclusive ownership of the goods after full payment of the amounts due. Despite this, the purchaser will assume responsibility for all risks the goods may incur as soon as they are made available to them.
Article 29
All disputes will fall under the jurisdiction of the courts in whose jurisdiction the supplier’s company is based.