Derogation from these general terms and conditions is only possible with the prior written agreement of the contractor (hereinafter referred to as Flanders’ FOOD) and the client.
Our offers are valid for thirty (30) calendar days from the date of the offer. Should the offer be accepted, the contract between Flanders’ FOOD and the client shall be concluded pursuant to these terms and conditions.
The partnership with Flanders’ FOOD is non-exclusive.
Flanders’ FOOD shall only undertake a best-efforts obligation in relation to the intended result of its commissioned studies and does not make any guarantees as to the originality, completeness, or suitability of the results concerning a specific purpose.
The client shall undertake to provide access to the information and/or materials required by Flanders’ FOOD to properly execute the contract. Under no circumstances shall Flanders’ FOOD be held liable for any delays in the contract’s execution due to the late provision of information and/or materials by the client.
Invoices are due and payable to Flanders’ FOOD by transfer within thirty calendar days of the invoice date unless expressly agreed otherwise.
Invoice objections must be made by registered mail within ten calendar days of the invoice date. On expiry of this period, the invoice amount shall be due and payable in full.
In the event of late payment or non-fulfilment of a contractual obligation by the client, Flanders’ FOOD may cancel or suspend the execution of current orders and contracts and all obligations on behalf of the client, only to resume such after receipt of payment and/or fulfilment of all obligations, and this without prior notice of default and without prejudice to Flanders’ FOOD’s right to claim compensation.
In the event of non-payment on the due date, interest on arrears shall become payable by operation of law and without notice of default. The interest rate is the interest rate applicable to commercial transactions during the period in question. A fixed indemnity equal to 10% of the unpaid invoice amount of at least EUR 150 shall also be owed. Solicitor costs and fees related to collecting the outstanding invoice shall be borne by the client.
In the event of the client’s contractual non-performance, bankruptcy or manifest insolvency, Flanders’ FOOD may regard the contract as dissolved ipso jure and without notice of default. In the event of contract dissolution at the expense of the client, the latter shall be liable for a fixed indemnity equal to 25% of the contract price, without prejudice to compensation for the damage actually suffered by Flanders’ FOOD. In the event of contract dissolution at the expense of Flanders’ FOOD, the client, should they be a consumer, shall be entitled to the same compensation.
Delivery and acceptance of the goods shall always occur EXW (= ex-works). Goods shall be dispatched at the expense and risk of the client. The delivered goods remain the exclusive property of Flanders’ FOOD until such time that payment had been made in full. In the event of late payment, Flanders’ FOOD may demand the return of the goods. Flanders’ FOOD shall retain any payments already received as compensation for damages and loss.
Cancellation of all or part of this contract must be in writing and take place no later than one week before the agreed start date. For cancellations within one week of the agreed start date of all or part of the contract, the client shall owe Flanders’ FOOD a fixed indemnity equal to 25% of the amount tendered, without prejudice to ILVO’s right to prove a greater loss.
A delay in the contract’s execution shall not give rise to payment of damages by Flanders’ FOOD. Flanders’ FOOD may not be held liable for any damage or loss arising from the contract’s execution unless it should be the result of fraud or wilful misconduct on the part of Flanders’ FOOD. The client shall also bear full responsibility for the use, misuse or unsuitability for use of the results and shall indemnify Flanders’ FOOD against any third-party claims in this regard. Should liability arise, the damages payable by Flanders’ FOOD shall be limited to the value of the contract.
Products culminating from the tests conducted by Flanders’ FOOD may not be marketed or consumed, except in the case of taste tests carried out by a taste panel, samples for trade fairs, or clinical studies, and this after these products have been subjected to microbiological testing and tested negative for pathogens.
Products culminating from testing by Flanders’ FOOD or the client must be destroyed by Flanders’ FOOD or the client after testing.
Flanders’ FOOD does not have an allergen-free production area. Despite the enforcement of strict hygiene rules when setting up the food challenge matrices, potential cross-contamination with one of the 14 ingredients listed as allergens on the EU label cannot be definitively ruled out.
Genetically modified agricultural products may be used during Flanders’ FOOD operations. Despite the enforcement of strict hygiene rules, potential cross-contamination with a GMO product cannot be definitively ruled out.
The client shall undertake to compensate Flanders’ FOOD employees or appointees who suffer damage during the execution of the contract on locations under the client’s supervision or control in full, unless the damage should have solely been caused by the fault of the employee or appointee. At the first request of Flanders’ FOOD, the client shall indemnify the former against any claims made against it by its employees or appointees in relation thereto.
The client shall take out the necessary insurance policies and submit them to Flanders’ FOOD at first request.
The client grants a pledge on all its current and future claims against third parties as security for all its obligations.
This agreement is governed exclusively by Belgian law. In the event of a dispute, only the courts of East Flanders, Ghent Division, shall be competent.
Flanders’ FOOD prioritises the security of your personal data and shall do everything in its power to ensure that these data are protected in accordance with the regulatory provisions. All data collected by Flanders’ FOOD is stored in a database that is inaccessible to third parties and to which third parties may not gain access for a fee. Data are not kept longer than is required, and every technical and organisational means is used to prevent data breaches. Under no circumstances shall Flanders’ FOOD collect special categories of personal data such as race, sexual orientation, religious beliefs, medical situation, or the like. To report to the subsidising agency, Flanders’ FOOD will use reports containing personal data and submit these to the agency in question.
The Flanders’ FOOD privacy statement may be accessed here.
Should you have any questions or requests, please send them to info@flandersfood.com.