Wimpau BVBA, with registered office in 2430 Laakdal and registered in the Crossroads Bank for Enterprises under number BE0543.443.785. email: info@wimpau.be - website: www.wimpau.be
All agreements concluded by WIMPAU are subject to the following terms and conditions.
Only these terms and conditions apply to the relationship between WIMPAU and the customer, who acknowledges accepting them. Only deviations and special agreements made in writing may deviate from these terms and conditions, but even then these terms and conditions shall continue to apply at least in a complementary manner.
Offers and quotations
Offers and quotations are made subject to reservation and without obligation on the part of WIMPAU. Offers and quotations are only valid for the duration stated on these quotations. No rights for future orders and/or agreements can be derived from offers or quotations.
WIMPAU considers as its customer the natural or legal person who entrusts the order and/or quotation requests to WIMPAU, unless it is notified in writing that it is acting on behalf of a third party and on condition that the name, address and company number of this third party are communicated to WIMPAU. The person who places an order for a legal person is committed joint and severally to the legal person in whose name they act.
Any cancellation of an order must be made in writing by the customer.
Execution and delivery
Private label versions are final only after written approval by the customer of recipes, labels and packaging. WIMPAU cannot be charged with anything after the customer's approval of these matters.
For private label versions, WIMPAU is not liable for declarations to be made to the poison information centres of the countries where the customer markets its products.
Deliveries made by WIMPAU, as agreed in the offers, travel at the risk of the buyer, even in the case of carriage-paid delivery.
Delivery terms and free delivery amounts are those stated in the offers and quotations.
All complaints regarding executed assignments/orders/deliveries must be addressed to WIMPAU in writing within eight days of execution and the date of our invoice. In case of later reports, WIMPAU shall not accept liability under any circumstances.
After signing the delivery note and/or collection note on site by the customer or their appointees, WIMPAU cannot be held liable for shortages or errors in deliveries. The customer should check all goods for correctness before signing off.
Payment
All invoices are payable in cash in Laakdal unless a due date is stated on offers, quotations and/or invoices.
In the event of late payment of invoices, the debtor shall be liable by operation of law and without any notice of default to pay interest on arrears at the rate of 10% per month as well as a fixed charge of EUR40.
By ordering and accepting the invoice, the client accepts our invoice terms and conditions and renounces any otherwise applicable own terms and conditions, unless expressly agreed in writing in the offer and/or quotations.
The supplied goods shall remain the property of WIMPAU until full payment of the price. Only the court of Turnhout has jurisdiction in case of disputes.
Liability
Under no circumstances can WIMPAU be held responsible for any kind of damage resulting from :
- Faulty storage of products in customer warehouses
- Damage to the products due to storage below 15°C in the customer's warehouses
- Incorrect or improper use of our products by the customer, their appointees or customers (without being restrictive, this concerns overdosing, mixing with other chemicals, disregarding safety instructions stipulated in the MSDS sheets
Any customer who resells WIMPAU products is expected to provide their customer base with all information and mandatory documents made available by WIMPAU. Private label recipes that do not produce the desired result after approval by the customer cannot give rise to a recall by WIMPAU.
Force majeure
If WIMPAU cannot execute the orders/deliveries due to force majeure, including accidents, fire, floods, strikes, lock-outs, riots, illness, government measures, supplier delays, bankruptcy of the customer, lack of transport, scarcity of raw materials on the market, changes in raw materials due to European regulations, WIMPAU is entitled to postpone or terminate the orders/deliveries without any further compensation to the customer.
If WIMPAU has already partially executed assignments/orders/deliveries when the above-mentioned force majeure occurs, WIMPAU is entitled to invoice these completed items and the customer is obliged to pay this invoice.