GENERAL TERMS AND CONDITIONS OF SALE – KIRIBATI B.V.
Article 1 – Definitions
1.1. Hereafter “Kiribati” refers to the e.g. Kiribati, Maurits Roelantslaan 4, 1933 Sterrebeek, KBO : 0471.698.528.
1.2. “Customer” hereinafter refers to the natural or legal person who has commissioned Kiribati to manufacture certain goods, or who has ordered or purchased goods from Kiribati, and whose details are shown on the front cover of this document.
Article 2 – Application
2.1. These general terms and conditions apply exclusively to all offers, quotations, agreements and deliveries of Kiribati. Each order entails the unconditional and explicit acceptance by the Customer of these general terms and conditions, as well as the waiver of the right to invoke its own general and/or special terms and conditions.
2.2. Deviating agreements are only binding if they have been expressly agreed between the parties in writing.
Article 3 – Quotations & prices
3.1. Kiribati’s quotations are always without obligation and subject to sale or sufficient stock. The mere issuing of a quotation, budget, estimate or similar statement, whether or not indicated with the heading ‘quote’, does not oblige Kiribati to conclude an agreement with the Customer.
3.2. All prices are always subject to interim fluctuations in material costs and other costs that may fluctuate beyond the control of the seller
3.3. The quotation price only applies to the assignment stated in the quotation and for the duration stated herein. If no duration is stated, the offer is valid for a period of fourteen days after dispatch.
3.4. All prices quoted are always exclusive of VAT. and other government-imposed levies and taxes.
3.5. Kiribati is not bound by any printing errors and/or manifest mistakes in its quotations.
3.6. The cost of packaging and transport costs are not included in the price.
Article 4 – Order
4.1. Orders must always be placed in writing by the person authorized to bind the Customer.
4.2. All orders are final.
Article 5 – Delivery
5.1. Unless expressly agreed otherwise in writing, delivery takes place at Kiribati’s premises.
5.2. If the Parties agree that the goods will be delivered at a different location, this will be at the expense, risk and liability of the Customer.
5.3. The Customer is obliged to fully cooperate with the delivery. The Customer will be in default if he does not collect the goods to be delivered at Kiribati’s first request or, if delivery to his address has been agreed, refuses to take receipt of the goods to be delivered. Kiribati shall be entitled to charge Customer for any resulting costs.
5.4. A delivery term specified by Kiribati is only indicative. In the event of any delays, the parties will agree on a new term, without any compensation or compensation for the Customer.
5.5. In any case, the sold goods are only delivered after the corresponding invoice has been paid in full.
Article 6 – Payment
6.1. All Kiribati invoices are payable within fourteen days of the invoice date. The Customer must pay the price in cash, without being able to invoke any discount, settlement or suspension.
6.2. Kiribati has the right to request a deposit of 25% of the total amount with every order. If the order is still canceled by the Customer, in spite of Article 4.2, Kiribati has the right to retain this advance in any case, without prejudice to compensation for the damage that Kiribati would still suffer.
6.3. From the due date, every unpaid invoice will automatically and without notice of default incur an interest of 8% per year, whereby each started month will be regarded as a full month, as well as a fixed increase for 10% of the amount due on the due date, with a minimum of 250.00 €. The Client will also be obliged to fully reimburse all (extra)judicial collection costs.
6.4. The Customer who places an order with a request to bill it to third parties is personally responsible for its payment, even if Kiribati has agreed to this method of invoicing.
Article 7 – Complaints
7.1. Under penalty of forfeiture of rights, the Customer must send any complaint or protest by registered letter to Kiribati within fourteen days of receipt of the ordered products.
7.2. If Kiribati does not receive a complaint within this period, this will mean that the Customer has fully accepted all goods.
7.3. Defects in part of the delivered goods do not entitle the Customer to reject the entire order.
7.4. The Customer knows and accepts that some goods, such as tables, will show certain signs of use due to use. This does not entitle the Customer to any compensation or replacement.
Article 8 – (Intellectual) Property
8.1. The Customer only becomes the owner of the sold goods after all amounts due have been paid in full.
8.2. Unless expressly agreed otherwise in writing, Kiribati always remains the owner of all intellectual property rights in the goods sold by it. The Customer is not allowed to use (photos of) these goods in any way and on any medium commercially, without first having received the express written approval of Kiribati.
Article 9 – Liability
9.1. Kiribati’s liability, for whatever reason, can never exceed the invoice amount, which the Customer expressly and unconditionally accepts. Kiribati can therefore never be held liable for damage in the form of loss of turnover or loss of goodwill in the business or profession of the Customer, nor for any other form of indirect or consequential damage.
Article 10 – Miscellaneous provisions
10.1. These general terms and conditions are divisible. Therefore, the annulment of one or more provisions of the present general terms and conditions in no way affects the validity of the other provisions. The parties undertake to replace the invalid provisions with another provision which, both in fact and in law, corresponds as much as possible with the spirit and intention of the invalid provision.
10.2. Cases of force majeure, and more generally, all circumstances that prevent, reduce or delay the execution of the assignment by Kiribati or that cause an excessive burden of the fulfillment of the obligations it has entered into, release Kiribati from any liability and it the possibility, depending on the case, either to shorten its obligations or to terminate the agreement or suspend its performance, without being obliged to pay any compensation. The following shall be regarded as such: war, civil war, mobilization, riots, strike and lockout, both at Kiribati and its suppliers, fire, interruption of means of transport, difficulties in supplying raw materials, materials and energy and restrictions or prohibitions imposed by the government .
Article 11 – Dispute settlement
11.1. All agreements concluded with Kiribati and all orders placed with Kiribati are exclusively subject to Belgian law.
11.2. Only the courts and tribunals of the judicial district of Brussels are competent to take cognizance of all disputes that may arise between the parties.
Photography: Eefje De Coninck, Senne Van Der Ven, Tijs Vervecken, Siska Van De Casteele, Oona Bovri
Catalogue Graphics + Visual: Nick Mattan