The agreements concluded between the parties are completely and exclusively ruled by these general conditions
2. Conclusion of the agreement
The agreement is only binding when confirmed in writing to Proefcentrum Fruitteelt vzw (herein after called pcfruit vzw). Therefore pcfruit vzw makes an offer specifying which trials or activities will be carried out. This offer including the genera! conditions of sale, delivery and payment for carrying out trials is sent in duplicate to the customer. The customer will return one document, signed for agreement, by a legal representative of the company, to the registered office of pcfruit vzw, i.e. Fruittuinweg 1, 3800 Sint-Truiden - Belgium.
After receipt of the written agreement or order an invoice is issued and represents 60 % of the total amount mentioned in the offer. The remaining amount of each trial and all other costs related to this trial will be invoiced after sending the final report of the trial to the customer.
The amount for the crop destruction of the trial products, which for this use are not yet allowed, is only mentioned as an indicative price and will be adjusted according to the auction price. An exception to the obligatory crop destruction can be accepted when a written permission given by the Federal Office of Health, Security of Food and Environment, Directorate-General, Animal, Plant and Food can be submitted.
When the infestation is insufficient, so that no results can be presented, the price for the trial will be reduced by maximum 50 %. However, a fixed amount will be determined in the agreement with the customer. This fixed amount will consist of the minimum contribution to be paid by the customer for the trials to be carried out by pcfruit vzw. The total amount indicated in the agreement includes three visits (program discussion, trial visit (optional) and result discussion) a yearly report in two copies.
Additional visits or reports (biological reports, conclusions, ... ) are invoiced at the valid rates.
The information of the reports has be considered as confidential and has to be submitted as such to the homologation authorities. When this information is being used for other purposes the customer commits himself to make use of these results according to the scientific and deontological rules and prescriptions in force.
Unless otherwise indicated all prices are net of VAT.
Except in case of foul play or deceit, the liability of pcfruit vzw is limited to the direct and proved damage suffered by the customer. The maximum cost is reduced to the agreed price or price paid and only if the damage is the result of:
- The fact that pcfruit vzw has carried out the trial, not at all or not correctly.
- The fact that the GEP approval of pcfruit vzw for carrying out specific trials and analyses related to plant protection products for agricultural use, has been suspended or has not been renewed.
- The fact that pcfruit vzw has carried out trials without having the approval
pcfruit vzw will not accept any liability for the indirect damage as mentioned in art. 1151 of the Civil Code (such as, but not limited to, lost profits, casts of expediency, damage suffered by the contacts of the customer, damage suffered by consumers of the products of the customer, ... ).
Unless otherwise agreed, all payments have to be carried out within 30 days from the date of invoice. Interest will be charged on outstanding amounts at a rate of 1 % per month as of the date of the invoice. Any payment default at its date will, in addition to the interest, produce legitimately and without notice, an indemnity of 15 % of the total invoice amount.
Complaints will only be taken into account when noticed within 8 calendar days after receipt of the invoice This notice has to be specified in detail and has to be sent by registered mail.
7. Force Majeure
In temporary of permanent circumstances beyond one's control, pcfruit vzw is authorized either to suspend the agreement in part or completely for the period of these circumstances and the consequences or to cancel the agreement without any judicia! settlement. These circumstances include war, revolt, civil commotion, epidemic, traffic block, fire, labor disputes, problems of exclusion or supply.
These circumstances are even valid when another party fails, for whatever reason, to supply products or services to pcfruit vzw.
8. Cancellation of the agreement
When the customer does not fulfil its commitments, is bankrupt, has requested a judicia! settlement, has proceeded to liquidation of his goods, or when his goods have been distrained in part or completely, pcfruit vzw is entitled to annul the agreement immediately by right without proof of default or judicia! settlement.
These conditions operate in all respects in accordance with the laws of Belgium. In the event of dispute between the parties for any reason. The jurisdiction remains with the courts of Limburg.