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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.