Disclaimer

1.Introduction
 

1.1 This disclaimer shall govern your use of our website.
 

1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.
 

1.3 Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2.Credit
 

2.1 This document was created using a template from
SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.1 Copyright (c) [2014] [Moderna Products ©].

3.2 Subject to the express provisions of this disclaimer: (a)we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b)all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

4.Licence to use website

 

4.1 You may: (a)view pages from our website in a web browser;

(b)download pages from our website for caching in a web browser; and (c)print pages from our website, subject to the other provisions of this disclaimer.

 

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

 

4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4 Unless you own or control the relevant rights in the material,
you must not: (a)republish material from our website
(including republication on another website); (b)sell, rent or sub-license material from our website; (c)show any material from our website in public; (d)exploit material from our website for a commercial purpose; or (e)redistribute material from our website.

 

4.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

5.Acceptable use

 

5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; (e) access or otherwise interact with our website using any robot, spider or other automated means; (f) violate the directives set out in the robots.txt file for our website; or (g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

6.Limited warranties

 

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website; (b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

 

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury
resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this
Section 7 and elsewhere in this disclaimer: (a) are subject to Section 7.1; and (b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

7.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

7.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

7.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8.Variation

8.1 We may revise this disclaimer from time to time.

 

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

 

9.Severability

 

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

9.2 If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

10. Law and jurisdiction

 

10.1 This disclaimer shall be governed by and construed in accordance with Belgian law.

10.2 Any disputes relating to this disclaimer shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of Belgium.

11. Our details

 

11.1 This website is owned and operated by Moderna Products.

11.3 Our principal place of business is at
V.Saelenstraat 1 in Izegem, Belgium.

 

11.4 You can contact us by writing to the business address given above, by using our website contact form, by email to info@modernaproducts.com

General conditions

1. Except with the written agreement between the parties, the current general conditions of sale may NOT be deviated from.
The customer who places an order with us, unconditionally accepts 
the current general terms and conditions of sale, even though they are not expressly stated on the order or the order confirmation.

The purchaser may not unilaterally amend these general 

conditions of sale. 


2. A quotation is valid for two months. Estimates can change by an unexpected change in the workload or the cost of raw materials.


3. Orders addressed to our sales department, are only binding for us after written confirmation. The contents of the order confirmation are the final contract. 


4. In the event of cancellation of an order after confirmation by one of the parties, without the prior written consent of the other party, is the cancelling party liable for damages at the rate of 25% of the value of the order. However, if a larger damage can be demonstrated, this damage can be recovered completely.


5. Our goods are delivered and accepted at the departure from our buildings. They travel at the risk of the consignee, even if free at sent.


6. Delivery deadlines are only indicative without any commitment, unless otherwise agreed in writing. The failure to comply with the specified delivery date can in no case be called upon for the obtaining of damages or breach of the agreement.


7. Force Majeure and acts that are, wholly or partly, due to the customer, by third parties or our sub-contractors, suppliers, carriers or shippers, gives our company the right to terminate this  agreement in whole or in part without any right to any compensation in respect of the customer. The purchaser accepts that as force majeure applies: state of war, fire, accidents, total or partial strikes, political events that cause our manufacture, supply or dispatch to be interrupted, broken machinery, lock-out and in general all of the reasons that that hinder the normal course
of our activity.


8. The buyer is responsible for the hidden defects, even if the manufacturer didn't know them, unless the buyer has obtained that in that case the manufacturer will not be liable to pay indemnity.

 

9. Under no circumstances can we be held liable for any other damage, such as allowances for loss of use, loss of profits and/or damage caused to persons or property, as well as in the case of 
goods without intermediate costs prepared, processed or resold.

 

10. The goods may not be returned without our prior written consent. Our agreement to take the goods back does not constitute recognition of our liability. The return costs are fully borne by 
the purchaser, unless otherwise agreed in writing. 


11. All of our invoices are payable cash before delivery, unless otherwise agreed in writing.
Rebates are only valid if these have been agreed in writing. 


12. In the event of non-payment or partial payment of the invoice on the due date is immediately and automatically, without a prior notice required, a delay interest payable of 8% per year. In addition, in the case of a non-payment or partial payment of the invoice on the due date and without a formal notice being required, the amount invoiced shall be increased by 12% on the balance due, with a minimum of one hundred and twenty five (125) Euros. By the non-payment or partial payment of an invoice on the due date, any outstanding amounts on other invoices become payable immediately, regardless of previously authorised payment terms.


13. If the payment will be settled with an advance payment, the goods may never leave before the full amount of the advance payment is received in our account. In the case of non-payment or 
partial payment of the agreed advances the implementation of the contract may be suspended immediately, without us being obliged to send any notice for this purpose. If the customer after warning by registered notice remains in default to pay the claimed advance payments, we are entitled to cancel the contract immediately and without further notice with a compensation of 30% on the total price to be charged to the customer. However, if a larger damage can be demonstrated, this damage can then be recovered fully.


14. The goods remain our property until the time of the full payment of their price.


15. The listed weights and/or dimensions are only approximate
and not binding.


16. Any exception to the general conditions of sale can only be invoked if there is a written agreement between all parties on this exception. 


17. The unilateral MRP policy is available upon request.


18. For all disputes only Belgian courts in the Judicial District of Kortrijk have jurisdiction, unless the seller elects to bring the dispute before the Court of another jurisdiction. Belgian law is applicable.