Terms and conditions
SALE AND DELIVERY TERMS PGB-EUROPE NV
The following conditions are, unless and in so far as agreed otherwise for each transaction, applicable to all offers and deliveries made by pgb-Europe. Reference by buyers to their own purchase, tender or other conditions are not applicable unless expressly accepted by pgb-Europe in writing. Promises and declarations by and agreements with our representatives are only binding on us in so far as they are confirmed by us in writing.
PRICES AND OFFERS
Unless expressly stated otherwise, our offers and prices in our catalogues are never binding. Orders accepted by the representatives and/or agents bind the seller only to the extent that these orders are confirmed in writing.
The delivery dates stated are only an indication. We accept no liability for payment of damages arising from late delivery.
The goods are transported at the receiver’s risk and peril, even if they are sent carriage paid.
COMPLAINTS AND LIABILITY
The buyer must check the conformity of the goods on receipt in terms of measurements, quantity, material, finish etc. The buyer must complain in writing within 3 days of receipt of the goods about any externally visible defects, otherwise any claim for these will lapse. In addition, if the goods have already been used or worked on, no complaint whatsoever will be considered. The buyer will only be able to refer to hidden faults in so far as they have come to light within 3 months counting from the receipt of the goods, and then on the condition that he informs the seller of this in writing within 8 days counting from the discovery of the fault. In that case the buyer’s rights shall be limited to replacement of the goods delivered with the exclusion of any payment of damages.
pgb-Europe is not liable for faults in goods which it has obtained from third parties. It shall instead transfer and assign to the customer all claims that it can make concerning these against the supplier. Without prejudice to the above, the liability of the seller for damages arising from the delivered goods shall be in any event limited to their net price. All claims concerning damage to business or other indirect damage such as assembly costs, injury to people or damage to goods, are specifically excluded.
Unless otherwise agreed, payment must be made within 30 days from the invoice date, without the deduction of any discount, at the registered office. The only date of payment is that on which our account is credited. Interest for late payment will be charged at 15 % per annum from the due date of the invoice by legal right and without notice of default. In the event of non-payment on the due date, the amount outstanding will be increased by legal right by a penalty for damages of 10% with a minimum of EURO 75. This amount may not be offset against any legal costs, nor the settlement of the legal claim, nor settlement of expenses, nor against the interest. The non-payment of an invoice by its due date allows us to claim the total balance on the debtor’s account and we reserve the right to cease or review any ongoing transactions entirely or in part, this being without any formalities and reserving the right to settlement of claims for damages. The buyer does not become the owner of the goods sold until the amounts outstanding have been entirely settled. The buyer hereby agrees that there exists a reservation of title in favour of the seller until the purchase price is paid and that in the event of default the goods can be claimed back by the seller. The risks to which the goods may be subject are nevertheless borne by the buyer as soon as they put at his disposal.
CIRCUMSTANCES BEYOND ONE’ S CONTROL
In the event that the seller is not in a position to fulfil one or several of his obligations as a result of circumstances outside his control, he is entitled without any legal intervention to declare himself by registered post released entirely or in part from the agreement, without being liable for any damages.
In the event of a dispute only the jurisdiction of the courts of the GHENT district and the justice of the peace of the Merelbeke canton applies.