1. General

 

  1. The following terms and conditions relate to any sale by Plastic Machinery Equipment n.v., hereinafter referred to as “Seller”.  Any customer who buys an item or makes use of our services is referred to as “Buyer”.
  2. Any order shall imply the full acceptance of these General Terms and Conditions of Sale  and, where applicable, the special terms and conditions specified in the quote concerned.
  3. Any such provisions mentioned in the exchange of letters, the terms and conditions of purchase or other documents of the Buyer as are contrary to the following terms and conditions, shall be valid only if they are explicitly accepted in writing by the Seller.

 

  1. Prices

 

  1. Unless provided otherwise in the Seller’s quote or order confirmation, all prices shall be net in € (Euro), and exclusive of VAT or levies to be borne by the Buyer.
  2. Prices shall be calculated on the basis of the economic conditions at the time of the quote, and subject to price changes by the supplier, the exchange rates and the percentage of levy on imports into Belgium. Depending on the fluctuations of these elements, prices may be adjusted unannounced for any reason whatsoever.
  3. Any and all services, orders of systems and devices shall be ex works, excluding packaging and transport insurance, unless contractually agreed otherwise. Any and all spare part orders for a total amount of more than € 300, exclusive of VAT, shall be delivered carriage paid without transport costs  in Belgium, The Netherlands and the Grand Duchy of Luxembourg. If the Seller decides to split the delivery of an order, the total amount of the order shall remain in force for the application of the above-mentioned provision. If the total amount of an order is less than € 300, exclusive of VAT, handling and dispatch costs shall be charged. This provision shall also apply if the Buyer asks to split delivery or if he imposes  means of transport such as express courier or Taxipost.
  4. Carriage paid delivery shall mean a delivery free of charge on an easily accessible ground floor of the delivery address, specified by the Buyer. In such case transport shall be carried out by means  of the Seller’s truck  and/or be a forwarding agent designated and paid by him. If the Buyer requests another provision, handling costs may be charged, unless otherwise agreed in advance in writing.
  5. Expenses (transport, insurance, etc.) for a delivery outside Belgium, The Netherlands or the Grand Duchy of Luxembourg shall be determined separately in each specific case according to the special terms and conditions.

 

  1. Devices on Trial / Demo / Rent

 

If explicitly agreed upon by contract, the equipment can be supplied or rented out to be tested for a predetermined period. The Customer shall bear the costs of the to and fro transport , including transport insurances and any damage  and/or cleaning costs of the trial material. The equipment must be insured by the Customer. If the device is returned, restorage costs amounting to 5% of the value of the equipment shall be charged, unless agreed otherwise.

 

  1. Terms of Delivery

 

The terms of delivery stated in the Seller’s quotes and order confirmations shall be for information purposes only, and they shall not hold the Seller liable. The Seller shall in no case be liable for a deferred or erroneous delivery for a reason beyond his control. A delay in delivery cannot give rise to a penalty or cancellation of the order.

 

 

  1. Transfer of Ownership

 

The delivered goods shall remain the Seller’s property until the full amount owed by the Buyer on account of the delivery has been paid.  The Buyer must handle  the goods delivered from stock as if they were in safekeeping, mainly as far as the risks covered by the insurance are concerned. The Buyer shall undertake not to sell or pledge the goods as long as they remain the property of PME. If an overdue invoice – after a demand for payment in conformity with the provisions of article 10 hereinafter – remains unpaid, the Seller may dissolve the sale.  Any and all such goods as are the object of the reservation of ownership and as may or may not have been processed, shall be taken back by the Seller.

 

  1. Delivery and/or Taking Delivery of the Goods at the Seller’s Premises

 

  1. The Seller shall take care of the shipment of the orders concerned and determine the means, if nothing else has been agreed with the Buyer.
  2. After the Buyer has been informed about the availability of the goods, the dispatch of the order can be postponed for at most 15 days. This will enable the Buyer, who has mentioned this in the special terms and conditions of his order, to take delivery of the goods at the Seller’s premises.
  3. The charging of costs for the inspection of the goods, which may be carried out by a third party whether appointed by the Buyer or not, shall be determined in the special terms and conditions of each order.
  4. After a 15-day period from the notification of the availability of the goods, storage costs may be charged to the Buyer.

 

  1. Transport and Related Risks

 

  1. As soon as the goods leave the Seller’s warehouses or as soon as the Seller notifies the availability of the goods, any and all risks shall be borne by the Buyer. It shall make no difference whether the Buyer itself takes care of the transport or entrusts the same to a third party chosen by the Buyer.
  2. If the Seller or a third party appointed by him carries out the transport, the national and/or international laws and agreements regarding contracts for road, rail, sea and air transport shall be in force and this from the beginning of the transport. They determine the liability for the items sold and the procedure to be followed in the event of transport damage.
  3. The Buyer must notify any transport damage immediately after the arrival of the goods to the Seller by registered letter if the Seller was the carrier, or to the third party appointed as carrier by the Seller.
  4. If the Buyer or a third party appointed by the Buyer carries out the transport, any liability for the goods sold and the procedure to be followed in the event of transport damage shall be regulated as described in 7.2 above, without intervention by the Seller.

 

  1. Complaints

 

  1. The items sold shall be checked before being dispatched to the Buyer. They shall be deemed to have accepted when leaving the Seller’s premises and/or when leaving his suppliers’ premises in the event of direct delivery.
  2. The characteristics of the items and all information about weight, dimensions, consumption, performance etc. shall be mentioned in the descriptions of the quotes and /or the accompanying catalogues and documentation for information purposes. They must be regarded as approximate and can under no circumstances give rise to a complaint in the event of lack of conformity.
  3. A complaint shall be the statement that the product sold or service sold does not comply with the provisions of the contract.
  4. The Seller shall accept that goods are returned only subject to prior agreement within 8 days from the taking delivery of the goods by the Buyer. The goods must always be returned in their original, unused packaging. The restorage costs shall amount to 5% of the value of the goods which have been taken back, with a minimum amount of € 50. The goods shall be returned at the expense and risk of the Buyer.
  5. The Seller shall accept no complaints about a defect caused by improper use or defective maintenance. This shall also be the case if the material has been overhauled, adjusted, repaired or disassembled – even partially – by persons who are not recognised by the Seller. In addition, complaints shall be invalid if the material has been used in an environment which is not in conformity with the specifications (temperature, water hardness, humidity, corrosive or dusty atmosphere, fluctuations in voltage etc.)
  6. If a complaint is accepted, the Seller shall be liable only for the remedy of the defect, to the exclusion of all damages.
  7. Filing a complaint, even if the complaint is accepted, shall not entitle the Buyer to postpone or refuse the payment of the full invoice amount on the due date agreed upon.

 

  1. Conditions of Payment

 

  1. Unless agreed otherwise, the Seller’s invoices shall be payable within 30 days from the invoice date, net, without any discount or deduction. No reduction shall be granted, unless predetermined by means of a credit note or agreement. As far as devices, project work or installations are concerned, a 30% advance at the time the order is placed, 60% upon delivery and 10% after the approved commissioning, not later than 60 days after delivery shall be provided for as standard conditions of payment.
  2. Any such amounts as have not been paid on the due date agreed upon, shall, without any demand for payment, be increased by a default interest of 1.5% per started calendar month on account of overdue payment.
  3. If the due date is not observed by the Customer, the Customer must pay damages equal to 15% of the amount due, with a minimum of € 50, as fixed and irreducible damages. On the same supposition, the Seller can choose between this penalty clause and the resolutive condition provided for below.

 

  1. Dissolution of Agreement

 

  1. The Agreement may be dissolved ipso jure 15 days after the delivery of a registered letter demanding payment at the post office, without prejudice to the Seller’s right to claim payment of any overdue invoices in court. This shall be the case if the Buyer seriously infringes the general and/or special terms and conditions of the Agreement, including the non-payment of any invoice on its due date, or in the event of fear of the Buyer’s solvency.
  2. On the same supposition and by means of the same formality, the Seller shall be entitled to terminate any other agreement or  cancel any other sale concluded with the Buyer.
  3. In the event of dissolution of the Agreement the Seller shall retain his right to claim damages.

 

  1. Cancellation of Order by Buyer

 

If the Buyer cancels his order without any fault of the Seller, the latter may at any time claim damages despite the above-mentioned terms and conditions in 8.5 for returning the goods. The damages shall be equal to the costs actually incurred, with a minimum of 15% of the returned goods. They shall, however, amount to 25% of the overall value in the event of a one-off and special order and in particular for goods not included  in the Seller’s standard sales program.

 

 

  1. Governing Law – Competent Courts

 

  1. The Buyer and Seller agree that only the laws of Belgium and, should the case arise, the national and/or international agreements regarding transport contracts mentioned in 7.2 above shall apply.
  2. Any and all disputes shall exclusively fall within the jurisdiction of the Courts of the judicial districts of Ghent or Oudenaarde.