General terms and conditions Global Medics - ECG Nutrition and Supplements BV

Truibroek 94/10, BE-3945 Ham / VAT: BE0880 624 792 / NL: RPR Antwerpen - Afdeling Hasselt, EN: RLE Antwerp - Division Hasselt

1. Applicability: These general terms and conditions shall apply to all legal acts and legal relationships between the BV ECG Nutrition and Supplements (CBE No. 0880.624.792) of which Global Medics is a trade name (hereinafter "N&S") and the customer (buyer, customer, and any other contracting party), unless expressly agreed otherwise in writing. The customer takes note of these terms and conditions and expressly accepts their content. The customer is deemed to have tacitly agreed to the exclusive applicability of these terms and conditions with all orders placed. Any purchase, payment or other terms and conditions of the customer shall not apply, even if the customer's terms and conditions exclude these general terms and conditions.
2. Quotations, price indications and orders: All quotations and price indications, unless otherwise agreed in writing, are entirely without obligation and may be withdrawn or changed by N&S as long as the customer has not expressly accepted the quotation or offer. All price indications are exclusive of VAT or other surcharges and/or costs, unless explicitly stated otherwise. Price indications given in catalogs, internet, and/or through other media should always be regarded as information.
3. Deliveries and transportation: Delivery is always Ex Works (EXW) unless otherwise agreed in writing, in which case at most Free of Carrier (FCA) will be delivered by N&S. Delivery terms are purely indicative with no guarantee of delivery or placement on a specific date. Deliveries outside the stated period shall in no way entitle N&S to claim compensation or to cancel the contract in question. In the event of force majeure, N&S shall be relieved of its obligation to deliver, without this giving rise to the restitution of any purchase price or advance payments made by the client. Any complaint regarding the goods delivered shall, under penalty of inadmissibility, be made to N&S by registered letter within 7 days of delivery. If the delivery is made in parts, N&S shall be entitled to consider each delivery as a separate transaction.
4. Invoices, payments, protest: N&S's invoices shall be paid without delay before delivery takes place, unless otherwise agreed in writing. In the event of non-payment of N&S's invoices on the due date, default interest of 10% per annum shall be automatically payable by the customer from the due date without any prior notice of default. Moreover, in case of non-payment on the due date, the client shall owe a fixed and non-reducible compensation of 10% on the invoice amount, and with a minimum of € 125.00. This by way of expressly agreed compensation and administrative costs. All taxes, surcharges, bank charges, postal charges, collection costs, fees and any other possible costs resulting from late payment of N&S invoices shall be borne by the client. Any protest on the invoices of N&S shall be admissible only if made by registered letter and within 7 days of the invoice date. In the absence of such protest, the invoice shall be deemed to be fully approved and accepted.
5. Cancellation and Dissolution: An order cannot be cancelled except with the express written consent of N&S. In this case, the client shall automatically and without prior written notice owe damages, in accordance with art. 1149 of the Civil Code, of 30% on the value of the order and subject to the express reservation of greater damages on the part of N&S. In case of dissolution or termination of the contract by the customer, for whatever reason, all costs (including but not limited to administration costs, fees, collection costs, etc.) shall be borne by the customer. In this case, the customer shall also owe a minimum compensation of 30% on the value of the order or contract and under the express reservation of greater damages on the part of N&S.
6. Liability: The commitments on the part of N&S are obligations of means. The client shall never hold N&S liable in case of damages or accidents resulting from the use by the client or its animals, or other third parties of the goods delivered by N&S. Only the client is responsible for the correct use of the goods in accordance with the leaflets. Should N&S be held liable in the impossible case, for whatever reason (e.g. but not limited to a defect in the product, a wrong delivery, a rescission of the contract, ...), the client expressly accepts that the liability of N&S is limited to an amount of € 2,500.00.
7. Retention of title: The goods sold shall expressly remain the property of N&S as long as the amount due has not been paid in full. 8. Intellectual Rights: All rights of industrial or intellectual nature, including but not limited to logos, (trade) names, formulas, specific compositions are and shall always remain the property of N&S. Exceptions to this shall be expressly agreed upon in writing and shall always be interpreted restrictively.
8. Jurisdiction and applicable law: In case of dispute, Belgian law shall always be applied and the Belgian courts of the district of Antwerp, Hasselt division shall have exclusive jurisdiction.