General terms and conditions of sales and delivery

Deliveries are made exclusively under the following conditions, which are deemed to be accepted at the time of delivery of the order, in particular in the event of acceptance of our offers, our order confirmations or our invoices. Supplementary or accessory clauses are only valid if we have approved them in writing.

1. PRICES

Our prices are valid on the day of the issuing of the offer or order confirmation.

2. SHIPPING, FREIGHT, PACKAGING

The consignments are made at the risks and perils of the customer. Shipping costs are borne by the customer.
Packages specially requested by the customer are invoiced to him.
In the event of damage during transport, the delivery must be conditionally accepted and the corresponding transport company must be notified within the time limit laid down by law for it to carry out the inspection.

3. SPECIAL ORDER

For reasons related to the characteristics of the ordered product and production constraints, we reserve the right to deliver 10% more or less than the quantity ordered. Invoicing will be done on the basis of the quantities actually delivered.

4. DELIVERY PERIOD

Our delivery times are without obligation. They will be observed as far as possible. If we do not comply with the stated time limit, the customer is not entitled to claim any damages or cancel the order before having given us a reasonable new deadline. Under no circumstances can the customer cancel an order that is already being manufactured. Any delays in the supply of materials delivered by third parties, as well as any strike, etc., or other event attributable to a fortuitous event or force majeure relieve us of the obligation to respect the deadline. If an order is subsequently modified, we are no longer bound to the delivery time first indicated in the order confirmation. If necessary, a new delivery period must be agreed in writing.

For printed merchandise, the delivery period indicated begins to run only from the moment when all the printing equipment is available and when the customer has signed the "ready for printing" voucher.

5. PAYMENTS

Our invoices are payable net at thirty days from the date of invoice. In case of late payment, we reserve the right to charge a 5% moratorium interest.

Payment by drafts is only admissible with our written consent. If, on an exceptional basis, we approve this method of payment, the draft is valid for payment and not instead of payment. Interest and costs of discounting or collecting drafts or checks must be paid immediately and in cash by the customer.

6. GUARANTEES

We continually strive to deliver only the best products by putting our best possible care into the selection and delivery. For special order products, we take care to comply with the most stringent requirements regarding quality, size and color shades.

When ordering, special requirements for the printing technique must be specifically indicated. No warranty can be given as to the durability of the printing inks.

Small discrepancies of color or slight shades remain reserved. They do not give right to a refusal of acceptance of the goods, nor to a reduction of price. Samples, before printing, are only provided if the customer expressly demands it and this against an additional fee.

We strictly reject any claim for damages, any refusal to accept the merchandise, any cancellation of sale, as well as any blocking of payment or reduction of the sales price.

Defects must be indicated immediately after receipt of the goods, but no later than within 8 days. In case of hidden defects, the notice of defect must be given immediately after the discovery of the defects, but at the latest within 3 months from the receipt of the goods.

Any warranty due to defects is excluded:

when the value of the good or its suitability for the intended use is only diminished to an insignificant extent,

when the defect is due to lack of care, improper storage, negligence of the customer or an accident involving him,
when it is a matter of insignificant differences in the shades of colors,
when the rejects do not exceed 3% for printed articles and 1% for non-printed articles,
when the notice of defect is not given within the time limit specified in the contract.

7. LIABILITY AND OBLIGATION OF WARRANTY

Due to the multiple possibilities of use of our products and the impossibility of controlling their use, we cannot give any guarantee as to their durability. We assume no liability for damages caused directly by defects in our products, or for damages directly or indirectly attributable to the use of our goods.

As part of our guarantee obligation due to justified defects, the customer is entitled to give back the goods whose defect has been established and to their replacement.

8. COPYRIGHT / PLATE

The customer guarantees that the impressions to be executed do not infringe the intellectual or commercial property rights of third parties and protects us from any claims or complaints of third parties in this respect.

The contribution to costs for manuscripts, sketches, drawings, original plates or rubber is not included in the price and will be charged separately.

Payment of the contributions to costs for plates, devices, movies etc gives the customer no right to delivery of these items.
We reserve the right to replace, at the expense of the customer and without prior notice to the latter, the used plates.

The documents used for the printing are kept with us for two years, after which period they are destroyed without prior warning, unless the customer has demanded the restitution. No claim for compensation will be allowed on this point.

The ordinary courts of the canton of Fribourg are exclusively competent in the event of disputes resulting from this contract.

ARLING SA