Terms and Conditions

Article 1: General

1.1 These general terms and conditions apply to all offers from and agreements with Geru BV, notwithstanding conflicting provisions stated on the customer's documents. By placing an order, the customer acknowledges to accept the general terms and conditions of Geru BV.

Article 2: Quotations and invoices

2.1 All offers and quotations of Geru BV are without obligation until the moment of acceptance by the customer. The agreement is concluded when the customer signs the quotation unaltered within eight days (or otherwise stated on the quotation) for approval and returns it to Geru BV. Any order or order confirmation by the customer binds the customer. The agreement replaces all previously concluded and/or oral agreements.

2.2 All prices are determined in Euro and are exclusive of VAT and other surcharges.

2.3 Quotations or offers in which errors or mistakes are mentioned can be canceled by Geru BV at any time.

2.4 Proposed prices are based on the situation at that time as far as known. If circumstances of external parties lead to a higher cost, surcharges and/or additional costs can be passed on to the customer.

2.5 Geru BV has the right to increase its rates annually on the basis of the consumer price index.

2.6 Any protest must be sent to Geru BV by registered letter with reasons within a period of 8 days. For complaints or disputes with regard to the services provided, the term starts the day after execution. With regard to the invoice, the term starts on the invoice date. In the absence of timely protest, the services/invoices are definitively accepted and payment is due. The customer will be informed of this in good time.

2.7 All invoices are payable on their due date by transfer to the account number of Geru BV. Each payment will be charged on the oldest invoice due, and first on the interest and costs owed. Permitted discounts expire if the general terms and conditions of sale are not respected.

2.8 If the customer does not pay within 8 days after receipt of a reminder to this effect by Geru BV, the customer owes Geru BV a default interest of 12% per year, and a fixed compensation of 10% of the invoice amount with a minimum of 150 EUR, from the date of reminder until full payment. In addition, Geru BV reserves the right to suspend the further performance of its obligations until the customer has paid the overdue invoices. Any delay in payment by the customer makes all amounts due due.

Article 3: Data processing

3.1 Geru BV puts the privacy of customers and their end customers first. Their data is only processed for the purpose of completing the customer's order. This data will not be used for other commercial and non-commercial purposes.

3.2 Geru BV will always take the European AVG regulations into account during the execution of its assignments.

Article 4: Management, storage and delivery of goods

4.1 In the context of fulfillment activities, the goods remain the property of the customer. The customer pays a compliant fee for the storage thereof, as laid down in the individual agreement and/or quotation.

4.2 If the customer does not meet its obligations (eg through unpaid invoices), Geru BV may decide to keep these in stock for a longer period of time until the customer meets its obligations.

4.3 At the start of the agreement it is agreed how the goods will be shipped and packed by Geru BV. Geru BV is not liable for damage to the goods during transport. Any damage is the responsibility of the customer.

4.4 A delivery note signed by Geru BV is never a confirmation of the correct number of goods received. The goods are subsequently counted and stored by Geru BV. Only these goods counted by Geru BV are of tel.

4.5 Geru BV will not be held responsible for non-delivery or late delivery of goods, unless this has previously been agreed in writing. Geru BV strives to deliver goods as quickly as possible, but is also dependent on (unexpected) circumstances, such as unforeseen peaks, personnel problems, suppliers and subcontractors. Geru BV therefore asks the customer to notify the expected peaks in orders in a timely manner as far as possible and to update delivery times.

Article 5: Early termination of the cooperation

5.1 Geru BV has the right to terminate the collaboration early and unilaterally due to circumstances such as the non-exhaustive list below. In this case, outstanding invoices must still be reimbursed and necessary handling costs can be charged

• Unpaid invoices after due date
• If the customer cannot provide assurance that it can/will no longer fulfill its obligations
• If the customer makes it impossible for Geru BV to fulfill its obligations
• Bankruptcy, or termination of customer activities
• If the customer performs prohibited activities
• If the customer carries out actions that put Geru BV in a bad light as a supplier.

Article 6: Force majeure

6.1 Force majeure situations such as strikes, public unrest, administrative measures, water damage, fire, late deliveries from suppliers and other unexpected events over which Geru BV has no control, release Geru BV, for the duration of the nuisance and for their scope, from its obligations, without any right to any price reduction or compensation for the customer.

Article 7: Liability and damage

7.1 Geru BV provides a guarantee for defects in the services it provides that occur during 4 months from delivery, insofar as the customer, on pain of inadmissibility, reports this in writing within 2 months after discovery.

7.2 Geru BV's liability for damage resulting from the collaboration only arises if the customer notifies Geru BV in writing, setting a reasonable period to remedy the shortcoming, and Geru BV does not fulfill its obligations even after that period. The notice of default must be described in as much detail as possible, so that Geru BV is able to respond adequately. Damage amounting to less than €250 is considered incidental damage for which no compensation is provided.

7.3 If a complaint is found to be well-founded by Geru BV, it will, without being obliged to pay any further compensation, either re-supply / replace the services and/or proceed to refund or partial refund of the price received for the non-conforming part of the the assignment.

7.4 If Geru BV's liability is withheld, it will in any case be limited to covering the direct damage with a maximum of the amount paid out by the insurer, or if the damage is not insured, the amount of the payment for one contract year. price stipulated for that cooperation (excl. VAT, and excl. the amount of services to external parties (eg transport, shipping costs, packaging costs, etc.).

7.5 Liability of Geru BV for indirect damage, including consequential damage, lost profit, lost savings, loss of customers, loss of turnover, damage as a result of claims by customers of the customer, loss of data, damage related to the use of goods, materials or software from third parties prescribed to Geru BV, damage related to the engagement of suppliers prescribed by the customer to Geru BV, loss of working hours with regard to the services for which Geru BV's liability is withheld and all forms of damage other than direct damage is excluded.

7.6 The customer is responsible for correct compliance with all applicable laws and regulations (eg customs, VAT, excise duties,…). Geru BV cannot be held liable for direct or indirect damage resulting from non-compliance by the customer.

7.7 The customer must always report the damage to Geru BV in a timely manner, accurately and in writing.

7.8 Any claim against Geru BV lapses by the mere lapse of 6 months after the claim arose.

Article 8: Damage and theft of goods

8.1 In the event of damage or if a recount shows that there is a shortage of certain goods, Geru BV will reimburse this through its insurance. However, there is an allowed margin of 2% deviation. If it turns out that other goods have a larger stock, this value will be counted to make the shortage smaller. Fees always relate to the purchase value and not the sales value. Shortages or damage only applies if they occur after delivery. The value of goods that are damaged or not delivered cannot be recovered. If the customer asks Geru BV not to count the goods anymore upon delivery to Geru BV, the right to compensation lapses.

8.2 In the event of loss or damage to goods at Geru BV, the liability of Geru BV to the customer per contract year will be limited to 10% of the annual amount invoiced by Geru BV to the customer, regardless of the number of cases of damage or loss.

8.3. The customer confirms that he will provide appropriate insurance for any damage or loss that would exceed the aforementioned annual compensation if he finds the liability limits of Geru BV insufficient and these insurance policies will contain a clause waiving the right of recourse against Geru BV. The customer also ensures that it delivers its goods in sufficient protective packaging, in order to prevent any damage (dust, discolouration, fall damage from a small height, ...).

8.4 In the event of damage to the goods due to an incident within the buildings of Geru BV (such as fire or flooding), the customer will immediately take measures to recover the damaged goods according to the instructions of Geru BV, after Geru BV has the opportunity to register the damage, by any means it deems useful for that purpose (such as photographs, camera recordings, statements from personnel, etc.). Geru BV will send the report with the registration of the damage to the customer, who can provide comments within seven (7) working days. If the customer does not make any comments within this period, it will be assumed that he accepts the content of the report from Geru BV.

8.5 The customer is responsible for insuring its goods against theft. In the event of theft, the damage suffered will not be recovered from Geru BV.

Article 9: Prohibited goods

9.1 Geru BV always has the right to refuse certain goods. The customer must inform in advance what kind of goods it will deliver to Geru BV. The following goods are already not allowed (non-exhaustive list):

• Chemical and Flammable Goods
• Weapons
• Hazardous Substances
• Prohibited goods (drugs,…)
• Weapons
• Fakes
• Nutrition
• Financial goods and precious metals
• Jewelery whose individual value exceeds €350

Geru BV reserves the right to refuse other goods as well if it deems this necessary. If prohibited goods are discovered, Geru BV will report this to the necessary authorities such as the police and/or fire brigade.

Article 10: Other

10.1 Belgian law applies to the agreements of Geru BV. Any dispute regarding the conclusion, validity, execution and/or termination of this agreement will be settled by the competent court in Ghent.