Article 1. Acceptance of Orders and Application of Our General Terms and Conditions
Any order sent to us directly or indirectly, including through our representatives or agents, is only accepted after written confirmation by letter or email. Unless contested within five working days, this order confirmation is deemed accepted by the client. Any costs related to late cancellation, order changes, late delivery, or non-conformities of the client’s raw materials or packaging will be charged to the client. All our services are subject to these general terms and conditions, which always take precedence over those of the buyer or principal.
Article 2. Price
The indicated delivery times are for information only. Delivery delays cannot lead to the cancellation of the agreement or compensation by the seller.
Article 3. Delivery
If U.T.B. bvba is unable to perform the agreement due to force majeure, strike, lockout, or similar circumstances, it reserves the right to terminate the agreement without owing any compensation. U.T.B. bvba reserves the right to consider the agreement terminated by law and without prior notice in case of bankruptcy, obvious insolvency, or any change in the buyer’s or principal’s legal status.
Article 4. Termination and Dissolution
If U.T.B. bvba is unable to perform the agreement due to force majeure, strike, lockout, or similar circumstances, it reserves the right to terminate the agreement without owing any compensation. U.T.B. bvba reserves the right to consider the agreement terminated by law and without prior notice in case of bankruptcy, obvious insolvency, or any change in the buyer’s or principal’s legal status.
Article 5. Complaints
Complaints regarding the provided services and any disputes must be made within eight days of the invoice date. The burden of proof for non-conformity lies with the buyer. The sold goods are warranted against production defects for the indicated shelf-life period. This warranty does not cover the consequences of improper storage or misuse. Any compensation or costs for direct or indirect damage or losses during the distribution or use of our goods are not covered by our warranty conditions or business liability. Any complaints do not suspend the collectability of outstanding amounts.
Article 6. Retention of Title
As long as the delivered goods are not fully paid, they remain the property of U.T.B. bvba. Nevertheless, the buyer bears the risk of loss, damage, or destruction from the moment of delivery.
Article 7. Storage of Goods
If U.T.B. bvba stores goods (raw materials, packaging, or finished products) of the buyer in its premises under this agreement, the buyer remains responsible for the risk of loss, damage, or destruction of these goods due to fire, water, storm, theft, etc. The buyer shall arrange insurance for these goods.
Article 8. Payment
Invoices are payable in cash at the registered office. In case of non-payment within eight days after the due date, interest of 10% per year is due on the outstanding invoice amount from the invoice date until the day of full payment. In case of late payment, the invoice amount is also increased by a flat fee of 10% of the invoice amount. Interest and flat fees are due by law and without notice.
Article 9. Competent Court
In case of disputes, only the courts of Antwerp are competent, and only Belgian law applies.