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GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Commitment of means
Fulfilment of the assignment given by the client does not constitute an obligation to achieve a result
but a commitment of means by virtue of ECCA/BIOTOX.

Absence
If the client or his staff member is not present at the time of a pre-arranged meeting, as a result of
which the activity cannot take place, ECCA/BIOTOX reserves the right to charge for the minimum
performance time, and/or the costs of travel and travel time.

Obligations of the client
The client is obliged to:
➢ Provide all information and allow access to all documents that are necessary and useful to gain a
clear insight into the assignment. (obligation to cooperate)
➢ (If applicable) to notify the FASFC within the framework of the Royal Decree of 14/11/2003 and
the MB of 22/01/2004 (mandatory notification) for all established facts that fall or may fall under this
obligation. More information: see reporting obligation
➢ To pay the fee in time for the performance of the assignment. (obligation to pay on time).

Notification obligation
Laboratories ECCA & BIOTOX act in accordance with “Guideline within the framework of the M.D. of
22/01/2004 on the modalities for the reporting obligation in the food chain published in the B.O.J. of
13/02/2004″ (more info: https://www.fasfc.be/control-system/compulsory-notification).
Before a notification obligation can be activated, an evaluation of the risk to – depending on the case
– the health of humans, animals or plants must be carried out. The operator is responsible for the risk
assessment and/or making all necessary information available and assures that he will at all times
provide information about who will do what and when. If a report is applicable, the operator assures
that this report will be made immediately (within 48 hours after the initial determination).

Liability
ECCA/BIOTOX is not liable for any damage resulting from the client’s failure or late performance of
the advice or tasks that ECCA/BIOTOX has provided or imposed, the misinterpretation or
misimplementation of the advice by the client, the nature of the products made available, or the
incorrect or late use of the products.
Confidentiality
Both during the execution of this agreement and after its termination, ECCA/BIOTOX must refrain
from disclosing to any other person the factory or business secrets or confidential information or
documents of the client or from performing or participating in any act of unfair competition. The
documents may, however, be made available for inspection by official bodies if they so request.

Copyright
All advice, tools and documentation provided to the client during the execution of the assignment or
made available by ECCA/BIOTOX remain the intellectual property of ECCA/BIOTOX and may only be
reproduced or transferred with the prior written consent of ECCA/BIOTOX.
The customer has the possibility to mention (any available) standards on his reports. Any exceeding
of a standard value (without taking into account the measurement uncertainty) is indicated by an
exclamation point.

Transfer
ECCA/BIOTOX reserves the right to outsource or transfer all or part of the agreement to another
service provider (other than recognition and accreditations). In this case, the service provider
concerned will fully replace ECCA/BIOTOX and will have to fulfil all the rights and obligations of the
agreement.

Termination
The contract is for an indefinite period of time. The agreement can be terminated by mutual
agreement at any time after the initial period has been reached if the parties consider that the
cooperation is no longer meaningful. The parties may terminate the agreement by registered letter.
In this case, a notice period of 6 months shall apply. In the event of a cancellation or termination of
the agreement by the client during a fixed phase, the client shall be obliged to pay the agreed fixed
amount in full.

Applicable law and competent courts
In the event of a dispute relating to the existence, interpretation and implementation of this
agreement, Belgian law shall apply, and the courts of Ghent shall be competent to take cognizance of
any such disputes.
Price indexing
Prices are valid at the time of signature and are subject to the consumer price index.

Invoicing
Quotation and contract prices are always without VAT. When delivering analyses, the client is
deemed to agree with the prices in question and not to have any comments. If written complaints
have not reached us within 15 days after the date of issue of the invoice, any complaint is irrevocably
inadmissible. Unless otherwise stated on the invoices, the invoices are payable within 30 (thirty) days
after the date of issue of the invoice. In the event of non-payment of the invoice within the set
period, a fixed compensation of 10% shall also be due by operation of law and without notice of
default.
Only one original copy of an invoice can be sent. An administrative fee of € 12.50 per invoice will be
charged for each change.
In all cases, the client remains ultimately responsible for the payment for which he has given the
order, even if the invoice has to be sent to another party.

 

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