Our general terms of business - POP Solutions
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Our general terms of business

POP Solutions’ general terms of business

1. SCOPE

These general terms of business apply to all supplies and all services provided by POP SOLUTIONS, apart from written exceptions and without prejudice to any special terms and conditions agreed in a separate agreement.

They take precedence over the client’s conditions of purchase.

2. ORDERS – OFFERS – ADJUSTMENTS – SUPPLEMENTS

2.1 Only written offers made by POP SOLUTIONS are valid.

The validity of an offer is limited to 30 days.

No contract is made until after the client’s order has been accepted by POP SOLUTIONS.

2.2 Any change, in content or form, to the project submitted to the customer, and not explained by a fault on the part of POP SOLUTIONS, is deemed an “author’s correction” and charged to the client.

Any further productions are charged to the client.

3. REPRESENTATION

POP SOLUTIONS is legitimately represented by a director or manager.

The client is legitimately represented by signature of the purchase order.

4. OWNERSHIP

4.1 POP SOLUTIONS remains sole owner of its intellectual property rights in its creations and productions. The creations and products of POP SOLUTIONS may only be used by the client in the context of the agreements entered into with POP SOLUTIONS and only on Belgian territory.

4.2 All supplies, creations or products of any kind remain the property of POP SOLUTIONS until the price has been paid in full.

4.3 Even if they are not covered by intellectual property rights, all technical data and work, including the cutting shapes and plates produced by POP FACTORY during production of its creations/products, remain the property of POP FACTORY and may not be copied or passed on to third parties, even if the client has paid part of the fees

5. PRICE

Prices invoiced by POP SOLUTIONS are in euros and exclusive of tax. Foreign exchange risks as well as postage and delivery are payable by the client.

6. PERFORMANCE TIMES

Only the leadtimes indicated in writing by POP SOLUTIONS are binding. These leadtimes will however be extended in the event of (1) a force majeure, (2) a change to the order made by the client, (3) delays on the part of the client in sending information and/or documents and (4) late payment.

7. RISKS – LIABILITY

7.1 Transport risks will be borne exclusively by the client.

7.2 Plates, films, files and other printing material belonging to the client will be accepted by POP SOLUTIONS at the client’s risk. Except by express written request of the client, POP SOLUTIONS reserves the right to destroy them six months after performance of the service.

7.3 The client assumes liability for the work ordered. POP SOLUTIONS is not liable for infringements of copyright or other rights of third parties in the texts or creations requested or approved by the client.

8. PAYMENT

8.1 Invoices from POP SOLUTIONS are payable 30 days from the date of invoice, at the POP SOLUTIONS registered office.

8.2 If, at the client’s request, the invoice is addressed to a third party, the client remains jointly and severally liable for its payment, accepting sole liability.

8.3 The acceptance of bills of payment or the granting of a payment period does not lead to novation.

9. LATE PAYMENT

If payment is not made on time, the amount of each of the invoices issued by POP SOLUTIONS is, automatically and without prior notice, increased by an agreed, lump sum and irreducible payment of 15% and contractual interest on late payment at the rate of 1% per month of late payment or part thereof.

10. RESCISSION – TERMINATION

10.1 If the contract is rescinded by the client, the client will be liable to POP SOLUTIONS, firstly, for all costs incurred, particularly to subcontractors, and, secondly, for the whole of the profit that POP SOLUTIONS could have expected to receive from performance of the contract. This profit is set at the lump sum irreducible amount of 30 % of the amount of the order, without prejudice to the right of POP SOLUTIONS to demonstrate that its loss was greater.

10.2 In the case of an open-ended contract or an on-going business relationship between POP SOLUTIONS and the client, one party may only terminate the contract or the on-going business relationship by giving 6 months’ notice by registered mail.

11. JOINT AND SEVERAL LIABILITY

If there are several clients, they are held jointly and severally liable for their various obligations and presumed to accept sole liability.

12. CLAIMS

Claims are not accepted unless sent to POP SOLUTIONS, by registered letter, within 8 days from the performance of the contract.

13. OBLIGATIONS

POP SOLUTIONS will do every thing it can to meet its contractual obligations and the expectations of its client. It may however only be liable for a best-endeavours obligation.

14. JURISDICTION AND APPLICABLE LAW

The courts covering the registered office of POP SOLUTIONS have sole jurisdiction.

Belgian Law applies.

15. Legal datas

Name: POP Solutions
Head office: Rue de la Technique 9, 1402 Thines
VAT:  BE 0888 070 632
Legal form:  S.A.
Register of legal persons : RPM Nivelles

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POP Factory’ general terms of business

1. SCOPE

These general terms of business apply to all supplies and all services provided by POP FACTORY, apart from written exceptions and without prejudice to any special terms and conditions agreed in a separate agreement.

When placing an order, the client acknowledges awareness and acceptance of these.

2. ORDERS – OFFERS – ADJUSTMENTS – SUPPLEMENTS

2.1 Only written offers made by POP FACTORY are valid.

The validity of an offer is limited to 30 days.

No contract is made until after the client’s order has been accepted by POP FACTORY.

2.2 Any change, in content or form, to the project submitted to the customer, and not explained by a fault on the part of POP FACTORY, is deemed an “author’s correction” and charged to the client.

Any further productions are charged to the client.

2.3 Receipt of the final proof frees POP FACTORY of all manager’s liability for errors or omissions observed before or after the work is carried out.

3. GOODS

3.1 The following tolerances, either way, of ordered quantities should be accepted:

  • under 500 copies: 20 %
  • 500 to 999 copies: 15 %
  • 1,000 à 4,999 copies: 10 %
  • per 5,000 copies and over: 5 %

These quantities are for one format, one print run, one quality, one model, one production run, one supply.

3.2 Due to the automation of manufacturing procedures, it is technically impossible to avoid a certain number of defective copies. Therefore, it is agreed that defective copies will be tolerated, provided that they do not account for more than 1% of delivery.

3.3 If the client refuses to accept delivery of any goods, these goods will be placed in storage at the client’s risk. It will be subject to a warehousing fee of 2% per month, from arrival at the warehouse, and the entire fee will be due for each month or part of a month. POP FACTORY also reserves the right to place the goods in a storage facility that is open to the client, at his/her expense, if official notification is sent by registered post and there is no response within a period of eight working days from the date of dispatch.

4. REPRESENTATION

POP FACTORY is legitimately represented by a director or manager.

The client is legitimately represented by signature of the purchase order.

5. OWNERSHIP

5.1 POP FACTORY remains sole owner of its intellectual property rights in its creations and productions. The creations and products of POP FACTORY may only be used by the client in the context of the agreements entered into with POP FACTORY and only on Belgian territory.

5.2 All supplies, creations or products of any kind remain the property of POP FACTORY until the price has been paid in full.  This means that until such time, the client does not have the right to sell the goods or give them to third parties as a guarantee.

5.3 Even if they are not covered by intellectual property rights, all technical data and work, including the cutting shapes and plates produced by POP FACTORY during production of its creations/products, remain the property of POP FACTORY and may not be copied or passed on to third parties, even if the client has paid part of the fees.

5.4 Any plans, drawings, models, print projects etc. that are not part of an order, will be invoiced or returned at the discretion of POP FACTORY. In any case they remain the property of POP FACTORY and they may not be reproduced.

6. PRICING

Our sale prices are net, ex-works and exclusive of VAT and given for information purposes only. They may be revised by notice from us, under the following circumstances:

  • increased price of raw materials.
  • higher wages
  • increased energy costs.
  • shortage of raw materials and replacement by other materials.
  • change, for reasons outside our control, in sources of supply.

This list is not exhaustive.

7. PERFORMANCE TIMES

Leadtimes specified by POP FACTORY are a rough guide only. These leadtimes will in any case be extended in the event of (1) a force majeure (including machine breakdown, loss of power or electricity, strikes, fire, flood etc.), (2) a change to the order made by the client, (3) delays on the part of the client in sending information and/or documents and (4) late payment. POP FACTORY is not liable for losses or damages resulting from delivery delays that may occur.

8. RISKS – LIABILITY

8.1 Goods are sold ex-works. Transport risks will be borne exclusively by the client. Goods are sold ex works.

8.2 Plates, films, files and other printing material belonging to the client will be accepted by POP FACTORY at the client’s risk. Except by express written request of the client, POP FACTORY reserves the right to destroy them six months after performance of the service.

8.3 The client assumes liability for the work ordered. POP FACTORY is not liable for infringements of copyright or other rights of third parties in the texts or creations requested or approved by the client.

9.PAYMENT

9.1 Payment for invoices from POP FACTORY must be sent immediately to its company headquarters.

9.2 If, at the client’s request, the invoice is addressed to a third party, the client remains jointly and severally liable for its payment, accepting sole liability.

9.3 The acceptance of bills of payment or the granting of a payment period does not lead to novation.

10.LATE PAYMENT

If payment is not made on time, the amount of each of the invoices issued by POP FACTORY is, automatically and without prior notice, increased by an agreed, lump sum and irreducible payment of 15% and contractual interest on late payment at the rate of 1% per month of late payment or part thereof.

If payment is not made, POP FACTORY has the right to cancel all contracts that have been concluded and all current orders. Furthermore, if a sum is not paid when it is due, this means that payment of all due amounts may be demanded.

11. RESCISSION – TERMINATION

11.1 If the contract is rescinded by the client, the client will be liable to POP FACTORY, firstly, for all costs incurred, particularly to subcontractors, and, secondly, for the whole of the profit that POP FACTORY could have expected to receive from performance of the contract. This profit is set at the lump sum irreducible amount of 30 % of the amount of the order, without prejudice to the right of POP FACTORY to demonstrate that its loss was greater.

11.2 In the case of an open-ended contract or an on-going business relationship between POP FACTORY and the client, one party may only terminate the contract or the on-going business relationship by giving 6 months’ notice by registered mail.

12. JOINT AND SEVERAL LIABILITY

If there are several clients, they are held jointly and severally liable for their various obligations and presumed to accept sole liability.

13. CLAIMS

Claims are not accepted unless sent to POP FACTORY, by registered letter, within 8 days from the performance of the contract.

In case of non-compliant or defective delivery, the liability of POP FACTORY is limited to replacement, within a normal period, of the part of the delivery that was the subject of the complaint, without any form of compensation, regardless of the consequences that this non-compliant or defective delivery may have caused. No complaint entitles the client to refrain from paying the invoices that are due.

14. OBLIGATIONS

POP FACTORY will do every thing it can to meet its contractual obligations and the expectations of its client. It may however only be liable for a best-endeavours obligation.

15. JURISDICTION AND APPLICABLE LAW

The courts covering the registered office of POP FACTORY have sole jurisdiction.

Belgian Law applies.

16. Legal datas

Name: POP Factory
Head office:  Rue du Bosquet, 41 à 1402 Nivelles
VAT BE 0401.832.594
Legal form:  S.A.
Register of legal persons : RPM Nivelles

 

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