General terms and conditions
Article 1: Agreement
- All quotations submitted by PCO Europe shall be valid for one month. After the expiration of this period the quotation shall become void without any announcement being required.
- An agreement shall have been concluded only after PCO Europe has accepted an order in writing, or as soon as it has started the actual execution of an order.
Article 2: Price
- The agreed price applies:
- Ex-works of PCO Europe at Etten-Leur, the Netherlands
- Inclusive of packaging
- Exclusive of freight
- Exclusive of VAT and other government-imposed duties;
- PCO Europe shall be entitled unilaterally to increase the agreed price by ten per cent at the most if the costs on its side have increased after the agreement was concluded, regardless of the question of whether or not this increase was foreseeable. If its costs increase by more than ten per cent, PCO Europe shall be entitled to dissolve all or part of the agreement.
- The costs of extra/less work resulting from a change in the agreement shall be taken into account in the agreed price.
Article 3: Payment
- Payment shall take place within thirty days of the date of invoice.
- In the event of late payment the buyer shall be in default without any notice of default being required and it shall owe to PCO Europe the statutory interest, as well as the extra-legal debt collection costs which are set by the parties at fifteen per cent of the principal sum, without prejudice to the right of PCO Europe to claim full compensation for the extra-legal debt collection costs if these exceed 15% of the principal sum.
Article 4: Delivery
- Agreed upon periods of delivery shall always be without any engagement; the fact that a delivery date is not met shall not result in any liability on the side of PCO Europe.
- Delivery shall take place at the location agreed upon between the parties or, for lack thereof, at a location to be designated by PCO Europe.
- The risk of the goods shall pass to the buyer at the moment of delivery ex-works at Etten-Leur, the Netherlands. The risk shall therefore reside with the buyer during transportation of the goods.
- PCO Europe shall have the right to demand surety for the payment of the purchase price before proceeding with delivery.
Article 5: Retention of title
- All goods shall be delivered by PCO Europe under retention of title. The goods delivered shall remain the property of PCO Europe until the buyer shall have completely fulfilled all its (payment) obligations towards PCO Europe.
Article 6: Claims
- Any claims concerning the invoice shall have to be filed with PCO Europe in writing and stating the reasons within fourteen days after the date of invoice, in default whereof the buyer shall be deemed to have accepted the correctness of the invoice.
- Any claims concerning the goods delivered shall have to be filed with PCO Europe in writing and stating the reasons within fourteen days after the date of delivery, under penalty of the claim being null and void.
- If a faulty delivery has taken place and the buyer has filed its claim in time, PCO Europe shall have the choice between offering a new (equivalent) delivery or refunding the purchase price. In either case the buyer shall have to return the earlier delivery to PCO Europe and it shall not be entitled to any indemnification.
- The buyer shall not be entitled to suspend payment of the invoices from PCO Europe on the grounds of a faulty delivery.
Article 7: Liability
- Under no circumstances shall PCO Europe be liable for any consequential losses.
- The liability of PCO Europe shall at any rate be limited to the amount paid by its liability insurance company, but shall at any rate be limited to the amount of the purchase price paid.
- The buyer shall protect PCO Europe against any claims by customers of the buyer.
Article 8: Force Majeure
- In the event of force majeure PCO Europe shall be entitled to suspend all or part of its delivery obligations or to dissolve all or part of the agreement without being held to pay any damages.
Article 9: Intellectual property rights
- All intellectual property rights to the goods and information supplied by PCO Europe shall continue to be the property of PCO Europe.
- As far as PCO Europe makes use of data supplied by the buyer, the buyer shall protect PCO Europe against any claims by third parties based on infringement of their rights.
Article 10: Nullity
- If one of the stipulations in these terms should be deemed to be null and void, this will not have any consequences for the validity of the other stipulations in these general terms.
Article 11: Settlement of disputes
- This agreement shall be governed by Dutch law.
- Any disputes between the parties shall be submitted to the competent court at Breda, the Netherlands.