GENERAL CONDITIONS OF SALE: TRENDS BUSINESS INFORMATION
1. Any request is considered to be firm once an Order Form has been received by mail or fax or by any other means, including electronic, signed by the customer. Without contrary written stipulation, any order implies the customer’s acceptance of these general conditions and his renunciation of applying his own.
2. At the customer’s request, Trends Business Information may make an offer corresponding to the need expressed by the customer. In view of the daily
updating of our data and our databases, quantities, lead-times and prices are given for information purposes only. Only the unit prices of the data and the
contractual price are firm, for a period of 30 calendar days following the date of the offer.
3. Trends Business Information will do its utmost to honour the delivery lead-time and frequency laid down in the Order Form. However, its liability cannot be invoked
for delays or deficiencies due to elements or events beyond its control, such as delays in the supply of data coming from source bodies, or equipment failure.
4. Unless mentioned to the contrary, subscriptions are concluded for an initial period of one year. They are tacitly renewable at maturity for a similar period. They can be relinquished by means of a registered letter three months prior to the maturity date.
5. Purchased units are valid for one year, for future consumption.
6. The fulfilment of the customer’s order is performed by a qualified member of staff and the greatest care is exercised in such execution. Nevertheless, in
view of the nature and number of the processed data, Trends Business Information cannot guarantee its total exactitude, nor its exhaustiveness. Trends Business Information assumes an obligation of means. Any claim must, to be admissible, arrive in writing within the 30 calendar days following delivery of the order. After this date, any delivery shall be considered to be in conformity with the specifications of the Order Form. If the Trends Business Information’s liability were to be invoked, this would be explicitly limited to the amount of the order invoiced to the customer. The following could in no circumstances give rise to compensation for the customer, even if Trends Business Information has been advised of the damages: -damages resulting from a fault or negligence of the customer; -indirect damages, in
particular marketing and financial, such as reduction of profit, increase of charges, loss of clientele or anticipated economies, or disruption of plans; -thirdparty actions or claims.
USE OF DATA
7.a. The customer undertakes to restrict the use of the data to his internal management needs. He may not sell, rent or transfer it, for free or for money, to any third party without Trends Business Information’s prior written consent. If the customers is led for internal management reasons to transfer the data to a third party, he undertakes vis-à-vis Trends Business Information to guarantee that it will not be disseminated, in any shape or form whatsoever, by that third party. In the event of any breach of this provision, Trends Business Information reserves the right to claim damages amounting contractually to at least ten times the price of the ordered
data, unless there is more serious prejudice.
7.b. The customer undertakes to respect all aspects of legislation regarding the ‘Ne M’appelez Plus’ [Don’t call me] list amd will bear all the consequences
resulting from a breach of this legislation. For more information, go to ‘www.ne-m-appelez-plus.be’.
PRICE AND INVOICING
8. Without written contrary stipulation, all orders are payable cash on delivery. Subscriptions are payable in advance, in cash, at the initial delivery. All the stipulated prices are indicated “net of tax”. All applicable duties and taxes are at the customer’s charge. The prices indicated are dependent on the tariff in force at the time of the signature on the Order Form or contract. Trends Business Information reserves the right to change these at any time, except in the case of subscription, where prices can be reviewed annually. In the event of non-payment at maturity, late interest of 1% per month shall be automatically due, without prior formal notification, on the unpaid amounts. Any month that is started shall be considered to be a whole month. In the event of non-payment at maturity, the amount of the invoice shall, automatically and without prior formal notification, be increased by 15%. All deliveries are at the customer’s own cost and risk. Trends Business Information cannot be held liable for any eventual delays or losses occasioned by the post, by the railways, or by any other means of transport.
For optimal response to the needs of i ts customers, Trends Business Information reserves the right to change its products and the associated services that are attached to them.
The customer shall be unable, without Trends Business Information’s written consent, to assign the benefit of this document to a third party. These provisions are governed by Belgian law. In the event of dispute, jurisdiction will only lie with the sixth canton of the Justice of the Peace in Brussels and with the Brussels Commercial Court.