Terms and conditions

GENERAL TERMS AND CONDITIONS AND CONDITIONS OF SALE OF PGB-EUROPE NV

1. Unless otherwise agreed in writing for a specific transaction, the following terms and conditions apply to all offers of and deliveries by pgb-Europe.
   Any reference by the buyer to their own purchasing, tendering or other terms does not apply unless pgb-Europe expressly accepts them in writing. Undertakings, statements or arrangements by or with our representatives are binding only when confirmed by us in writing.
   The customer is deemed to have read and accepted these general terms and conditions simply by placing an order.
   If any provision (or part of it) is unenforceable, void or contrary to a provision of mandatory law, this does not affect the validity or enforceability of the remaining provisions.
   pgb-Europe reserves the right to amend these terms and conditions unilaterally. The customer will be informed of the amended terms and conditions, which will apply and form part of the contractual relationship with them, unless the customer objects in writing within eight days of being notified of the amendments.

   2. PRICES AND OFFERS
   Unless expressly stated otherwise, our offers and prices are without obligation. Prices exclude VAT and, where applicable, the BEBAT (battery recycling) levy. Orders accepted by representatives or agents bind the seller only if these orders have been confirmed in writing. pgb-Europe may also charge shipping costs, which will be clearly shown before the order is final.
   pgb-Europe may, at any time after an agreement is concluded, adjust the agreed price proportionately if price-determining factors change. Such factors include wages, prices, import duties, exchange rates, excise duties, levies and taxes, and government measures in general.

   3. DELIVERY TIME
   Our delivery periods are indicative only and not binding. We accept no liability to compensate damage or loss caused by late delivery.

   4. DELIVERY
   Goods travel at the consignee’s risk, even when shipped carriage paid.

    

   5. COMPLAINTS

   The buyer must check the goods on receipt for conformity in dimensions, quantity, materials, finish and so on. The buyer must report any visible defects in writing within three days of receiving the goods at the latest, otherwise any related claim will lapse. Complaints will also not be considered once the goods have been used or reworked. The buyer may invoke hidden defects only if they appear within three months of receipt of the goods and provided they notify the seller in writing within eight days of discovery. In that case the buyer is entitled only to replacement of the supplied goods, to the exclusion of any compensation. pgb-Europe is not responsible for defects in goods that it has obtained from third parties; instead, it transfers and assigns to the customer any rights of recourse it has against its supplier. Notwithstanding the above, the seller’s liability for damage or loss arising from the supplied goods is limited in any case to their net price. Any claim for business interruption or other indirect damage, including installation costs or injury to persons or property, is specifically excluded.

   6. FORCE MAJEURE
   If circumstances beyond the seller’s control prevent performance of one or more of its obligations, the seller may, by registered letter and without judicial intervention, declare the agreement wholly or partly terminated without owing any compensation.

   7. PAYMENT
   Unless agreed otherwise, payment must be made within 30 days of the invoice date, without the deduction of any discounts, at the registered office. The only date of payment is that on which our account is credited. As from the invoice due date, default interest of 15% per year becomes payable by operation of law and without any notice of default. If an invoice is unpaid on the due date, fixed compensation of 10%, subject to a minimum of €100, will be added to the amount owed by operation of law. However, this amount is separate from court costs, the fee for the administration of justice or expense allowances and interest. Non-payment of an invoice on its due date renders the debtor’s total outstanding balance immediately due, and we reserve the right to terminate or suspend ongoing transactions in whole or in part, without formality and without prejudice to our right to compensation.
   The buyer becomes the owner of the goods only after full payment of the amounts due. The buyer agrees that title to the goods remains vested in the seller until the purchase price has been paid in full, and that, in the event of non-payment, the seller may reclaim the goods. However, any risks pertaining to the goods passes to the buyer once the goods are made available.

   8. LIABILITY
   All non-contractual liability of pgb-Europe and its agents, employees, representatives and assistants towards the customer is expressly excluded. pgb-Europe’s liability remains limited to its contractual obligations.
   Any claim for damage or loss connected with the performance of the agreement will be governed solely by the rules of contractual liability.
   Under no circumstances is pgb-Europe liable for indirect damage or consequential loss, loss of profit, revenue or data, or any other form of economic damage or loss beyond its contractual obligations.
   If non-contractual liability nevertheless applies under mandatory law, it will always be limited to the total amount paid by the customer during the twelve months preceding the event giving rise to the damage or loss.
   The limitation of liability set out above also applies to any claims brought by third parties (and the customer undertakes to also impose these limitations on any principal creditor) and extends to all assistants engaged in performing the agreement.

   9. TERMINATION
   If the customer terminates an agreement in whole or in part, the customer must reimburse all reasonable costs incurred by pgb-Europe in performing the agreement, without prejudice to pgb-Europe’s right to claim compensation for costs, damage, losses (including lost profit) and interest resulting from the termination of the agreement.
   pgb-Europe may terminate the agreement if the customer suspends payment, becomes bankrupt or is manifestly unable to pay. The customer has no right to compensation in such circumstances. However, pgb-Europe is entitled to full payment for the work performed plus compensation of 30% on the goods sold or the price of the services.

   10. APPLICABLE LAW AND JURISDICTION
   These general terms and conditions are governed by Belgian law.
   In the event of a dispute, only the Ghent Enterprise Court, Ghent division, the East Flanders Court of First Instance, Ghent division, or the Justice of the Peace Court for the subdistrict of Merelbeke-Melle has jurisdiction.

   11. INTELLECTUAL PROPERTY
   The information on pgb-Europe’s website may be downloaded for informational purposes and personal use only. All other use is prohibited.
   All texts, drawings, images and data, as well as trademarks, logos and other elements of this website, are protected by intellectual property rights that vest in pgb-Europe or other rightholders. Any presentation, reproduction, circulation, sale, distribution, publication, adaptation or use for commercial purposes, in whole or in part and in any form whatsoever, as well as any electronic storage or use for unlawful purposes, is prohibited without pgb-Europe’s prior written consent.

   12. IMAGES AND ILLUSTRATIONS ON THE WEBSITE
   The illustrations, data and descriptions on this website are not binding and are illustrative only. pgb-Europe reserves the right to modify its products without prior notice. Although pgb-Europe publishes product information carefully, the website may contain information with inaccurate or incomplete technical data, incorrect links or printing errors. These will be corrected as soon as possible at pgb-Europe’s discretion once detected.