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General Sales Conditions
- The following sales conditions are applicable
to all sales and delivery contracts to which PCB
is a party. Sales conditions proposed by PCB clients
(hereinafter the "buyer" or "buyers") will not
be accepted by PCB unless expressly consented
to by PCB in writing prior to delivery of PCB
products. Without such written consent said conditions
will not be applicable.
- Offers made by PCB are valid for 4 weeks from
the date of the offer. This 4-week period will
be renewed in the event PCB makes changes in the
offer. The original PCB offer is automatically
cancelled when buyers make changes in the offer
unilaterally.
- Delivery times are not definite. Buyers expressly
accept reasonable changes in such delivery times.
"Acts of God" and other circumstances not under
the control of PCB do not release buyers from
the obligation to perform under their purchase
and delivery contracts with PCB. In the event
delivery by PCB dependent on specific instructions,
of whatever nature, from buyer, then any damage
caused as a result of defective instructions,
including, but not limited to, the lateness and/or
incompleteness of same, will be borne by buyer.
In such circumstances buyer remains fully responsible
for the performance of his obligations under the
sales contract. Any damage caused to PCB because
of buyer's defective instructions will be borne
by buyer and will be due and payable by buyer
immediately.
- As long as buyer has not paid for the delivered
products, PCB retains ownership of the products
notwithstanding buyer's responsibility for any
damage caused by buyer's acts after delivery of
the products. Products delivered to buyer, but
not yet paid, cannot be sold through the third
parties unless such third party has been expressly,
and in writing, been notified of PCB's retention
of ownership. This retention of ownership is also
in force in the event buyer files for bankruptcy
or similar relief from the courts (such as Chapter
11 and Chapter 7 fillings in the USA).
- Complaints regarding the products have to be
reported to PCB within eight days from the delivery
of the products to buyer. No extension. This 8-day
period is only applicable if products have not
been used or otherwise have been treated by buyer.
PCB, or its insurance company, up to the amount
of the invoiced costs of the defective products,
if proven, will pay damage caused by defects in
the products. Every use or treatment of the products
by the buyer relieves PCB from any and all liability
for the improper functioning of the products and
the resulting damage. If defects in the products
have been reported to PCB in a timely manner,
such products will be repaired or replaced, at
PCB's sole choice, provided such defective products
were returned to PCB within 5 working days from
reporting the defect.
- Products are delivered to buyer at PCB's factory.
All damage, of whatever nature, caused by the
products, directly or indirectly, immediately
after delivery at the factory to buyer will be
the sole responsibility of buyer.
- PCB can only accept cancellations of orders
in writing. All reasonable costs and expenses
in connection with such cancellation, including,
but not limited to, PCB's loss of profit, will
be borne by buyer.
- Payment of invoices of goods delivered shall
be made within 30 days from invoicing to the bank
account listed on the invoice, unless PCB has
approved writing a different payment schedule.
Invoices not paid within 30-day period shall accrue
interest at an annual rate of 12% which will be
calculated on a day-to-day basis, provided, however,
that in every instance, a minimum late fee of
€ 125,00 will be due and payable.
In case the buyer does not meet (on time) his
obligations, all reasonable costs for payment
will be at the buyer's expense. In case of a claimed
sum of money, the buyer is always obliged to pay
collection charges. The collection charges are
calculated according to the collection rate as
advised by the Dutch Bar. In case the user has
made higher costs, which were reasonably necessary,
they are also taken into account for a compensation.
The possibly made reasonable legal costs and execution
costs are also at the buyer's expense.
- All orders and agreements between PCB and the
buyer are valid only when in writing. All verbal
arrangements made by employees of PCB need to
be confirmed by such employees in writing, signed
by an authorised officer of PCB, in order to be
binding on PCB.
- User is authorized to postpone the fact that
he has to meet his obligations or to annul the
agreement, if:
- the buyer does not or does partly meet the obligations
of the agreement.
- after entering into the agreement, it appears,
on a good basis, in given circumstances, it can
be feared that the buyer will not meet his obligations.
In case, and on a good basis, is can be feared
that the buyer will only partly or not adequate
meet his obligations, the postponement is only
allowed for as far as the shortcoming allows.
- All disputes resulting of purchasing and delivery
contracts between PCB and buyer will be subject
to a judge in the domicile of PCB. Nevertheless
PCB has the right to subject the dispute to a
judge, authorized by law. The parties will only
appeal to a judge after they have done the utmost
effort to settle the dispute in a mutual consultation.
The Dutch law is applicable to every agreement
between PCB and buyer. It is explicitly mentioned
that the Viennese Purchase Treaty is not applicable.
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