1. Unless otherwise agreed in writing, the legal relationship between the parties is governed by the terms and conditions that the customer declares to have acknowledged and which take precedence over the general conditions of the customer.
2. The price quotations and offers of Biopack BV, hereafter referred to as "Biopack", are based on the currently valid values of materials and raw materials, wages, energy costs, transport costs and exchange rate effects. If these are subject to changes, we reserve the right to change these prices proportionally. Biopack cannot be held to a quotation or offer if the quotation or offer contains a mistake or clerical error.
3. Orders and price quotations accepted by the representatives of Biopack are only binding after our written confirmation.
4. In the case of the cancellation of the order, the buyer is indebted a flat-rate compensation amounting to 15 % of the value of the order with a minimum of €100 if the order would be less than €500.
5. The delivery times are provided only as information, but they do not bind Biopack. In case of delay of the deliveries neither the buyer has right to compensation and nor can the agreement unilateral been terminated unless there are written agreements between both parties.
6. Our indemnification obligation with regard to defects in the delivered goods does not extend any further than those of our suppliers to ourselves.
7. The goods are being sent and delivered at the risk of the buyer. The transport costs are, unless otherwise determined, at the expense of the buyer.
8. If the buyer refuses the goods by delivery or does not collect it on the date communicated to him, we remain the right to, after a term of 15 days from this date, view this agreement as dissolved and this without prior notice. The predetermined compensation foreseen in article 4 of the current agreement remains applicable.
9. The storage of the goods pending the delivery or collection, happens at the risk of the buyer.
10. When Biopack because of force majeure, a strike, weather conditions, etc. is not in the possibility to carry out the agreement, we remain the right to terminate the agreement unilaterally without any compensation that may be claimed of us.
11. Biopack reserves the right to view the agreement legally and without prior notice as dissolved in case of bankruptcy, obvious insolvency of the buyer as well as any change in the legal status of the buyer.
12. Complaints regarding deliveries or collections must reach us within 8 days after the delivery of the goods and certainly before the use or the commissioning of the goods.