General Terms and Conditions

1. All sales concluded with Tallpack Belgium (hereinafter abbreviated as Tallpack) will be governed exclusively by these general terms and conditions. Changes, deviations or additions to these general terms and conditions are only valid if Tallpack confirms them expressly and in writing. The general or special terms and conditions of the customer, or of any other party or third party, therefore only form part of the agreement if Tallpack confirms this expressly and in writing. The sending of catalogues and price quotations is only intended to inform the clientele and, unless expressly agreed otherwise, does not imply any obligation on the part of Tallpack. The agreement is only concluded by the express written confirmation by Tallpack of the customer’s order with confirmation of these general terms and conditions.

The Agreement (including the order form, the quotation, the invoice, the general and any special terms and conditions) annuls and replaces all written or oral contracts, proposals and obligations that relate to the same subject and that would precede the date of this Agreement. Tallpack reserves the right to change the provisions of the Agreement.

2. Unless expressly agreed otherwise in writing, the delivery dates and terms specified are without obligation. In the event of non-compliance with a non-binding delivery term, the customer is not entitled to terminate the agreement or claim compensation. In the event that a binding delivery term has been agreed, Tallpack is not responsible for any delay in delivery that is due to force majeure or to a circumstance that makes the performance of the obligations of Tallpack (or its suppliers or subcontractors) impossible or difficult. In such a case, Tallpack will be able to suspend the performance of the agreement until the aforementioned circumstances have ended or to terminate the agreement.

In both cases, the customer will not be entitled to any compensation. In the event that Tallpack is responsible for a delay in delivery, the customer may claim compensation for damages equal to 0.5% of the price of the late delivery for each full week of delay, up to a maximum total of 5% of this price, or up to the amount of the actual damage suffered if this is lower. The customer waives any claim for compensation for any other damage.

3. The delivered goods are guaranteed against manufacturing defects and material defects. However, no guarantee will be given for damage to goods that would be the result of abnormal use, installation, manipulation (such as relocation), conversion or treatment of the goods by the buyer. If the installation of the goods is carried out on behalf of Tallpack, the guarantee for installation defects only applies to the extent that these defects can be attributed to the installer appointed by Tallpack for this task. Any intervention on the goods by a third party other than the approved installers and any use of parts other than those supplied by Tallpack for repairs releases Tallpack from its liability.

The goods are deemed to have been accepted if no complaint is made within 48 hours of their delivery or installation. Any complaint for visible defects, non-conformity or installation errors must be notified to Tallpack in writing within this period of 48 hours after delivery of the goods or installation. After this period, no complaint will be accepted for non-conformity, visible defects or installation errors.

Hidden defects must be notified to Tallpack immediately by registered letter. In the hypothesis that the hidden defect is attributable to Tallpack, Tallpack’s obligations will be limited to replacing the delivered goods free of charge, without Tallpack being liable for any additional compensation. Tallpack rejects all liability for any damage caused to third parties. The buyer is fully liable to third parties with regard to the goods stored by him.

4. Tallpack reserves the right to suspend the whole or part of the execution of the agreement or to terminate the whole or part of the agreement without prior notice of default:
a. in the event of non-execution by the customer of his contractual obligations;
b. in the event of bankruptcy, liquidation, transfer of registered office, resumption of activities, cessation of payments, collapse of the credit and the like of the customer;
c. in the event of seizure, sealing and the like of the customer’s goods