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Legal /
1. All invoices shall be payable in one instalment on the stated due date.
Unless otherwise stipulated in the special contractual terms and conditions with Plantrekkers, any invoice that is not paid within 30 days of the due date shall automatically and without any notice of default being required, incur interest of 10% per annum. Non-payment within the aforementioned period of 30 days shall also, unless otherwise stipulated in the special contractual conditions, give rise to the payment by the debtor of fixed and irreducible damages equal to 10% of the amount of the invoice.
All payments shall be payable to the accounts specified by Plantrekkers.
2. All disputes regarding deliveries, services or invoices must be reported to Plantrekkers by registered letter within 8 working days. After expiry of this period, the objections shall be deemed to be late and the goods, services or invoices shall be regarded as accepted.
3. Meeting reports are considered to be the correct representation of the discussions held and of the decisions and options taken in consultation with the Client. If the client does not agree with the content of a Meeting Report, it must report this to Plantrekkers within 48 hours.
4. Unless explicitly stipulated otherwise, all approach models, concepts, software and other products and services developed by Plantrekkers are subject to the usual copyright protection. Unless there is a specific agreement to the contrary between the parties, concepts developed by Plantrekkers cannot be used, executed or modified by third parties without its explicit permission.
5. General or special invoicing and/or sales terms originating from the customer are only binding for Plantrekkers if they have been expressly accepted by Plantrekkers in advance.
6. Offers are made by Plantrekkers subject to confirmation of acceptance of the order by Plantrekkers at the time of the order.
7. All transport of goods by Plantrekkers will be at the expense and risk of the customer, unless expressly stated otherwise.
8. Any delivery period or delivery date stated orally or in writing by Plantrekkers or its appointees only serves as an indication and may not give rise to any dissolution of the agreement to the detriment of Plantrekkers.
9. Copyright - property law: When Plantrekkers performs a work in any form that is considered a creative process within the meaning of the intellectual property legislation, Plantrekkers retains the rights arising from this work, for example, the right of reproduction. The Client can only obtain these rights by means of a written agreement that regulates the transfer of the rights. On the basis of the aforementioned provisions, the supplier-designer of computerised data and images, of a graphic work tool, of a matrix, etc. holds the copyright to these products. This protection is based on the provisions of the intellectual property legislation. The transfer of copyright and specifically the transfer of the right to reproduce must be explicitly included in a written contract: it cannot result from the fact that the creation process was provided for in the order or that this creation process was specially remunerated. Also the transfer of ownership of the material product or the digital data to the principal does not give rise to the transfer of copyright. Unless a specific exclusivity contract has been concluded, the supplier has the right to re-use his creative work.
10. In case of dispute, only the courts of the Arrondissement of Antwerp shall be competent. This shall also be the case for the foreign customer who shall be deemed to accept this jurisdiction in the absence of a protest on the invoice. All disputes shall be settled in accordance with Belgian law, to the exclusion of the Uniform Law on the International Sale of Goods.
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