General Purchasing Terms
1. An order or purchase of goods or services to be delivered or work to be performed is not final until the order form has been approved by a person authorised to do so at Plopsa nv, Studio Plopsa nv, Plopsa Village nv, Plopsa Hotel nv, Plopsa srl, Plopsa bv, Plopsaqua Hannut-Landen srl, Plopsa Station Antwerp nv, Cookayak s.a., Majaland Kownaty S.p.z.o.o., Majaland Warsaw S.p.z.o.o., Majaland Gdansk S.p.z.o.o., Holiday Park GmbH or Betrieb Für Freizeitgestaltung GmbH & Co KG (referred to hereafter as: “the buyer”).
2. The seller’s/contractor’s/supplier’s own terms and conditions cannot be invoked against “the buyer”. These purchasing terms and conditions always apply even if there is no express reference to them.
3. The prevention plan for contractors and subcontractors to be complied with can be downloaded from the link below.
4. The total amount on the purchase order always excludes VAT, unless agreed upon otherwise in writing. Additional work can only be performed after mutual consultation, agreement and supplementary purchaser order. Additional work performed without prior agreement and purchase order will not be paid.
5. Invoices are payable at the end of the month following the one in which a VAT-compliant invoice containing the purchase order number has been received. Invoices are preferably delivered by mail to email@example.com. Only the invoices that have been correctly formatted and delivered can be accepted.
6. In case of delivery to an address other than the one mentioned on the purchase order, the seller/contractor/supplier will bear the additional costs for transport and handling. Any additional damages resulting from such delivery will be recovered from the seller/contractor/supplier. The costs and additional damages will be deducted directly from the invoice payable. The seller/contractor/supplier will prepare a credit note for the relevant amount.
7. The buyer will protest a delivery that has been delivered after the first possible inspection of the delivery shows it to be wholly or partially non-conforming to the order. The seller/contractor/supplier will immediately take the necessary remedial steps. All costs resulting from a non-conforming delivery will be recovered from the seller/contractor/supplier. All costs resulting from a non-conforming delivery will be deducted directly from the invoice payable by the buyer. The seller/contractor/supplier will issue a credit note for the relevant amount. The seller/contractor/supplier will issue a credit note for the entire invoice amount if a delivery is completely non-conforming. The buyer will invoice all costs due to a delivery that is completely non-conforming.
8. The delivery date is binding and must be strictly respected. The buyer reserves the right to do the following, as soon as the original delivery date is exceeded:
a) cancel the order and have it executed by a third party, in which case the seller/contractor/supplier is liable for all additional costs resulting from this.
b) in case of late delivery and an order that has not yet been cancelled, claim a fixed fee of the amount of 10% of the order price for each week commenced after the delivery date, with a maximum of 30% of the order price. If the buyer's damages exceed the stipulated fixed fee, the seller/contractor/supplier will be charged for such amount. The fixed fee and additional costs will be deducted directly from the invoice payable by the buyer. The seller/contractor/supplier will issue a credit note. The buyer may still cancel the order at any time, in which case the seller/contractor/supplier will remain liable for the amount of the fixed fee and additional costs due.
9. Full or partial transfer of the order by the seller/contractor/supplier to third parties is not allowed without the buyer’s prior written approval. The fact that the buyer gives such approval implies the seller's consent that the buyer can have direct contact with the subcontractor or supplier and give him instructions, yet the seller/contractor/supplier remains fully responsible.
10. The Belgian law applies and in case of a dispute only the courts of West Flanders, Veurne division will have jurisdiction.