Standard offering

A standard overview of our services is offered with a price indication

Concept phase

The customer provides a summary description of:

• the product;
• the packaging;
• the ingredients and storage of these ingredients;
• the production process;
• storage of end product;
• production target date;
• volume 1st run;
• volume next 12 months.

If the customer’s concept is not yet fully developed and certain ingredients or packaging materials are still missing, Ferm will be notified.

Intake

After acceptance of the concept, the intake forms are completed:

• New recipe intake (if it concerns an existing customer with a new recipe, or if it is a new customer with multiple recipes).

This is a detailed information list on which both production and pricing will be based. Reserve some time to complete this and ensure that everything is filled in correctly and completely.

Please explicitly communicate any additional relevant comments to Ferm. Ferm assumes that after completing these forms and communicating the comments, all necessary information has been communicated.

Pricing

The concept, recipe and packaging are analysed by Ferm based on the intake forms.

• The production process is explained to the customer;
• The pricing is communicated to the customer;

The production process, concept and pricing are discussed and can be adjusted where necessary.

An indication is given of the possible production dates. A 4-month waiting period is usual.

Pricing is determined before each production. Price adjustments follow:

• Annual indexing;
• Subcontractor price adjustments;
• Price adjustments of raw materials, goods, packaging or other materials.

Agreement

• the product agreement & subcontractor production specification;
  • Specific stacking and sorting should be clearly indicated;
  • Pallets will not be re-stacked;
• the Ferm product agreement;
• the pricing – to sign;
• the cooperation agreement – to sign;
• the general terms and conditions.

Planning

• A preliminary schedule is proposed to the customer (with T = first day of assembly).
  • The customer formally approves the schedule.
  • The correct volumes and recipes are confirmed at least T – 60 days, after which the purchase order is sent to the subcontractor.
  • The customer is communicated an exact pickup date.
  • After each order confirmation, the customer will deliver raw materials and packaging materials at least three (3) weeks before the first production date, unless otherwise agreed.
  • Raw materials with a limited shelf life are delivered according to the following timing:
    • Frozen juices: T – 3 weeks.
    • Fresh juices and other ingredients: T – 7 days.
    • Raw materials with an extremely limited shelf life may be delivered later, but at least 2 days before the first production date.
  • The customer sends the confirmation of the delivery dates for raw materials and packaging materials to Ferm.
• Extras
  • Agreements are made regarding additional support, such as sending samples, sourcing materials, transport, etc., at a 7% markup and a management rate of €150/hour.
  • Extra handling and miscellaneous work are also charged at a 7% markup and a management rate of €150/hour.
  • Additional efforts and services are charged at the standard handling fee of 7% markup and a capacity management rate of €300/hour. This includes, but is not limited to, deviations from the agreement due to exceptional events that result in significantly more work. Examples include: ingredients being delivered frozen instead of liquid, ingredients crystallizing, ingredients being less soluble than initially expected.
• Goods are stored at twelve (12) euros per pallet per month, starting from the first production date of the first production round.

Billing

• After closing an agreement with the customer, a proforma invoice is prepared for 25% of the agreement and emailed to the customer. This proforma invoice must be paid by the due date, 60 days before the first production day, into Ferm’s account. Failure to make the prepayment will result in the cancellation of the planned production.
• After production is completed, the remaining balance (75%) of the proforma invoice is prepared and emailed to the customer. The remaining amount must be paid before the goods are picked up, and no later than the due date, into Ferm’s account. Ferm BV reserves the right to withhold the goods if timely payment is not received. To ensure fast pickup, customer credit is not allowed.
• Once the exact counting of the goods has been completed, the final invoice is prepared and emailed to the customer, and the balance is settled.
• For stock storage, a fee of twelve (12) euros per pallet per month is charged. Billed monthly. Stocks related to formally scheduled productions are not charged.
• If pallets are taken over, they are charged at nineteen (19) euros per pallet.
• Pallets and other transport materials received by Ferm BV that are not picked up within 14 days will no longer be reimbursed, unless otherwise agreed. This includes, but is not limited to, Euro pallets, block pallets, oil drums, interlayers, etc.

Production

• The production areas are not accessible to the customer unless otherwise agreed. The customer is welcome at the offices by appointment.
• In the case of a new or modified production, the client must remain available by phone during the scheduled production days between 09:00 and 17:00.

Collection

• Collection will take place on the agreed collection date.
  • Collection on any other day will not be accepted. Delayed pickups are also not accepted.
  • A partial collection on another day will not be accepted.
• Collection is possible between 8:00 AM and 11:30 AM and between 12:30 PM and 3:30 PM..
  • Collection at any other time will not be accepted.
  • Collection is ready at the Odas site, Dreef ter Panne 9, 8000 Bruges, Belgium. At the end of the car park, turn right, quay B2.
  • Pickup or delivery is not possible on the following dates: 10/11/2025, 11/11/2025, and from 22/12/2025 to 31/12/2025.
• After release, the goods must be picked up within 5 working days.
• Late collection will result in a storage cost of ten (10) euros per week per pallet. Each week started is considered one week.

Cancellation and changes

Production can be cancelled up to sixty (60) days before the first day of production..

• If production is cancelled or modified less than sixty (60) days before the first production date, a flat fee of 25% of the agreement will be charged, with a minimum of two thousand five hundred (2,500) euros per cancelled production day.
• Cancelling or modifying a single production day less than sixty (60) days before the first production date will result in a flat fee of two thousand five hundred (2,500) euros per cancelled production day. If more than 40% of the agreement is cancelled, the agreement will be considered fully cancelled, and the flat fee of 25% of the agreement will be charged, with a minimum of two thousand five hundred (2,500) euros per cancelled production day.
• These cancellation costs also apply if ingredients or packaging materials are not received on time or if insufficient quantities of ingredients and packaging materials are delivered, resulting in the cancellation of production. Any delivery delay will lead to the cancellation of production at the customer’s expense.
• Changes to production regarding manufacturing, ingredients, and packaging must be communicated at least sixty (60) days in advance and must always be pre-approved by Ferm BV.

Commitment and responsibilities

Ferm BV enters into a best efforts obligation and will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftmanship.

• Ferm BV carries out production based on the technical sheet that is forwarded by the customer in the manner designated by Ferm (Google Forms) before the start of a production order and only guarantees the execution of correct production that falls within the agreed parameters.
• Changes or adjustments to the technical sheet (intake forms) will only be implemented after approval by the customer.
• Additional costs resulting from approved changes in production or ingredients will be charged to the customer.
• The technical sheet (intake forms) includes:

• A detailed description of the recipe and production process.
• A detailed description of the ingredients used and the associated quantities. The customer must formulate this description precisely and in a practically feasible manner.

• A detailed description of the labels and labelling requirements.
  • If the customer chooses to use a non-preferred label supplier, the customer assumes full responsibility for the final outcome of the labelling. The customer is always free to test labels.
• A detailed description of the packaging and packaging requirements.

• Pasteurization:
  • In the event of pasteurization of the goods, the customer provides a pasteurization program, or failing that, he agrees to the standard program of Ferm BV. Under no circumstances does Ferm BV guarantee the quality of the pasteurization, other than that the agreed pasteurization values ​​have been achieved.
  • If the customer does not wish pasteurization, Ferm BV immediately releases itself from any liability regarding shelf life, taste and all other facets of the delivered product. The customer assumes full responsibility from the moment the product is picked up.
• The customer is responsible for the proposed recipe, the ingredients, the packaging, the shelf life and the microbiological values. In other words Ferm BV is responsible for the implementation, the customer is responsible for the choices made regarding the product and production.
• The customer has the right to inspect the goods up to seven (7) calendar days after delivery of the product and, if necessary, to file a complaint with Ferm BV regarding the quality. If the customer has not reported any shortcomings or defects in the goods within seven (7) working days from the date of delivery, the customer has waived any right to reject that specific delivery of goods. Ferm BV then releases itself from any liability regarding shelf life, taste and all other facets of the delivered product. If the customer does not want pasteurization, the customer does not have this right. In the event that the customer does not accept the goods, the customer must inform Ferm BV of the reason for his rejection and grant Ferm BV a reasonable period to remedy the shortcoming. A reasonable period will be determined by the industry standards for the specific goods, as well as by Ferm BV and the customer in consultation.

• If the customer supplies raw materials himself, he will at all times remain responsible for the quality of the raw materials and any influences that these raw materials may have on the finished product. If, after customer approval, an expired ingredient is used, Ferm BV assumes no responsibility regarding quality.
• Ferm BV is not responsible for any intellectual infringements. The customer guarantees that he has all copyrights and other rights regarding name use, slogans, fonts, colours and texts that he has included on his labels and guarantees that Ferm BV can never be held accountable or liable in any way.
• The customer is responsible for including all legal notices on the label.
• The customer is responsible for the recipe and the claims made, and has sufficiently informed themselves through the appropriate authorities. FERM is in no way liable for the execution of recipes containing potentially prohibited ingredients or prohibited quantities of ingredients.

General terms and conditions of cooperation

• All offers and quotations from Ferm BV are without obligation. The agreement is concluded if the customer signs the quotation unchanged within fourteen (14) days for approval and Ferm BV returns an order confirmation to the customer. Every order confirmation by Ferm BV binds the customer to the agreement. The agreement replaces all agreements previously entered into verbally and/or in writing. All prices are exclusive of VAT, unless stated otherwise.
• The customer is responsible for declaring the excise duties, unless otherwise agreed.
• For expertise regarding excise duties, you can contact Shift Logistics
  • https://www.shiftlogistics.com/en/
  • Or email directly at pieterjan@shiftlogistics.com
• FERM holds a license for processing alcoholic beverages on which excise duties have already been paid. FERM cannot receive alcoholic beverages for which excise duties have not yet been paid. FERM cannot pay excise duties on alcoholic beverages.
• Ferm BV undertakes to keep the confidential information strictly confidential and not to disclose it to third parties, reproduce it or use it for purposes other than the production of the requested beverage products.
• Under no circumstances will Ferm BV be liable to the customer or a third party for any indirect or consequential damage arising from the agreement, such as, but not limited to, loss of income or expected profits or lost business, costs of delay or failure of the delivery.
• Images of the final products and the production process may be used by FERM BV, unless explicitly agreed otherwise.
• Loss of beverage can reach up to 10% due to dilution, carbonation, and product shrinkage. For small productions and test runs, this loss may be higher. In the case of a first production, beverage loss may increase due to unforeseen production situations.
• Under no circumstances shall Ferm BV be liable to the customer or any third party for any indirect or consequential damages arising from the agreement, including but not limited to loss of revenue or expected profit, lost business, costs due to delays, or failure of delivery.
• The customer will not hold Ferm BV liable if and insofar as it cannot fulfil the agreement in whole or in part due to force majeure. Force majeure includes, among other things: the premature expiration of ingredients, an error noted in the technical sheet, an error noted in the quantity of ingredients delivered, as well as malfunctions of a technical nature that are not under the control of Ferm BV. If the force majeure is of a temporary nature, Ferm BV always reserves the right to suspend its obligation as long as the force majeure situation exists. If the force majeure lasts more than six months, the agreement can be dissolved by operation of law, without Ferm BV being obliged to pay compensation in either case.
• If any provision of these general terms and conditions is void, the remaining provisions will remain in full force and effect. Ferm BV and the customer will replace the invalid provision with another provision that comes as close as possible to the purpose and scope of the invalid provision.

General Invoice Terms and Conditions

• All invoices are payable in Brugge, at the registered office of Ferm BV, by bank transfer to the account specified or in cash to the supplier upon delivery.
• Any objections to, or disputes regarding, this invoice must be sent by registered mail to our head office within a period of 7 calendar days following the invoice date. In the absence thereof, the invoice shall be deemed accepted.
• Invoices are payable by the due date. In the event of non-payment of our invoices, interest shall automatically accrue on a monthly basis, without prior notice of default, at the statutory interest rate applicable in cases of late payment in commercial transactions. Any commenced month shall be considered a full month.
• In the event of late and/or incomplete payment received no later than the specified due date, a lump-sum and irreducible compensation shall automatically be due, without prior notice of default, amounting to 10% of the total invoice amount, with a minimum of EUR 50 per invoice.
• Non-payment of a single invoice by its due date shall cause any granted discounts to lapse and render the outstanding balance of all other invoices, even those not yet due, immediately payable by operation of law.
• In the absence of payment by the due date, Ferm BV reserves the right to suspend or terminate its ongoing services without prior notice or compensation, while retaining all rights, until full settlement of all amounts due.
• For all disputes, jurisdiction lies exclusively with the Justices of the Peace and/or Courts of West Flanders, Bruges Division.
• No discount shall be granted for cash payment.
•  Retention of title: Title to the delivered goods shall not pass until full payment of the invoice. The transfer of risk of loss or damage shall occur upon delivery of the goods.

Producing with Ferm bv means that the customer fully and explicitly accepts this cooperation agreement.
Ferm BV
Dreef ter Panne 9
8000 Brugge
BE0687981309
invoices@fermdrinks.be