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General conditions

1. Applicability:

These general terms and conditions apply to all legal acts and legal relationships between the BV ECG Nutrition and Supplements (CBE No. 0880.624.792) of which Global Medics is a trade name(hereinafter "ECG N&S") and the client (buyer, customer, and any other contracting party), unless expressly agreed otherwise in writing. The customer takes note of these general terms and conditions and expressly accepts their content. The customer is deemed to have tacitly agreed to the exclusive applicability of these terms and conditions with all orders placed. Any purchase, payment or other conditions of the customer do not apply, even if the customer's conditions exclude these general terms and conditions.

2.  Quotes, price quotations and orders:

All quotations and price indications, unless otherwise agreed in writing, are entirely without obligation and may be withdrawn or changed by ECG N&S as long as the client has not expressly accepted the quotation or offer. All price indications are exclusive of VAT or other surcharges and/or costs, unless explicitly stated otherwise. Price indications given in catalogs, internet, and/or through other media should always be regarded as information.

3. Deliveries and transportation:

Delivery is always Ex Works (EXW) unless otherwise agreed in writing, in which case at most Free of Carrier (FCA) will be delivered by ECG N&S. Delivery deadlines are purely indicative with no guarantee of delivery or placement on a specific date. Deliveries outside the specified period may in no way give rise to a right to compensation at the expense of ECG N&S, nor to a rescission of the contract in question. In the event of force majeure, ECG N&S shall be relieved of its obligation to deliver without this giving rise to a refund of any purchase prices or advances paid by the client.

Any complaint regarding the goods delivered must, under penalty of inadmissibility, be made to ECG N&S by registered mail within a period of 7 days after delivery.

If the delivery is made in parts, ECG N&S has the right to consider each delivery as a separate transaction.

4. Invoices, payments, protest:

ECG N&S's invoices shall be paid without delay before delivery takes place, unless otherwise agreed in writing.

If the client is a merchant, then in case of non-payment of ECG N&S's invoices on the due date, the client shall automatically and without any prior notice of default be liable for default interest of 10 % per year from the due date. Furthermore, in case of non-payment on the due date, the client shall owe a lump-sum and non-reducible compensation of 10% on the invoice amount, and with a minimum of € 125.00. This by way of expressly agreed compensation and administrative costs. All taxes, surcharges, bank charges, postal charges, collection costs, fees and any other possible costs resulting from late payment of ECG N&S invoices shall be borne by the client.

If the client is a consumer, then the provisions of Book XIX Code of Economic Law "Debts of the Consumer" shall apply in full. If the client does not pay ECG N&S's invoice by the due date, a free of charge reminder will first be sent. If the client again fails to pay within 14 days of this free of charge reminder, then interest on arrears will be charged as stipulated in the Law of August 2, 2002 on combating late payment in commercial transactions, as well as liquidated damages calculated as follows:

- € 20.00 if the balance due is less than or equal to € 150.00. - € 30.00 plus 10% of the amount due on the bracket between € 150.01 and € 500.00. - € 65.00 plus 5 % of the amount due on the bracket above € 500.00 with a maximum of € 2,000.00 if the balance due is higher than € 500.00. The reminder fee for each additional reminder is € 7.50 plus the postage costs applicable at the time of sending.

Any protest on ECG N&S invoices shall only be admissible if made by registered letter and within 7 days of the invoice date. In the absence of such protest, the invoice shall be deemed to be approved and accepted in its entirety.

5. Cancellation and dissolution:

An order cannot be cancelled except with the express written consent of ECG N&S. In this case, the client shall automatically and without prior written notice owe damages, in accordance with art. 1149 of the Civil Code, of 30% on the value of the order and under the express reservation of greater damages on the part of ECG N&S.

In case of dissolution or termination of the contract by the client, for whatever reason, all costs (including but not limited to administrative costs, fees, collection costs, etc.) shall be borne by the client. In this case, the client shall also owe a minimum compensation of 30% on the value of the order or agreement and under the express reservation of greater damages on the part of ECG N&S.

6. Liability:

The commitments on the part of ECG N&S are obligations of means. The client shall never hold ECG N&S liable in case of damages or accidents resulting from the use by the client or his animals, or other third parties of the goods supplied by ECG N&S. Only the client is responsible for the correct use of the goods in accordance with the leaflets. Should ECG N&S nevertheless be held liable in the impossible case, for whatever reason (e.g. but not limited to a defect in the product, a wrong delivery, a dissolution of the agreement, ...), the client expressly accepts that the liability of ECG N&S is limited to an amount of € 2,500.00.

7. Retention of title:

The goods sold shall expressly remain the property of ECG N&S as long as the amount due has not been paid in full.

8. Intellectual rights:

All rights of an industrial or intellectual nature, such as but not limited to picture trademarks, (trade) names, formulas, specific compositions are and will always remain the property of ECG N&S. Exceptions to this shall be expressly agreed upon in writing and shall always be interpreted restrictively.

9. Jurisdiction and applicable law:

In case of dispute, Belgian law shall always be applied and the Belgian courts of the district of Antwerp, Hasselt division shall have exclusive jurisdiction.