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General Terms and Conditions

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Terms and Conditions – PVX Mounting Systems

PVX Mounting Systems
Buitenbaan 70
4206 VT Gorinchem
Chamber of Commerce No.: 70127612
Website: www.pvxmountingsystems.com
Email: info@pvxmountingsystems.com

Article 1 – Definitions

For the purposes of these terms and conditions:

  • PVX Mounting Systems: PVX Mounting Systems, including its employees and third parties engaged by it.

  • Buyer: any business counterparty (natural or legal person) acting in the course of a profession or business that enters into an agreement with PVX Mounting Systems.

  • Products: all goods and materials supplied by PVX Mounting Systems, including cable and conduit management systems and related products.

  • Offer: any written or electronic proposal from PVX Mounting Systems to supply products to the Buyer.

  • Agreement: any arrangement between PVX Mounting Systems and the Buyer for the sale and delivery of products.

  • Website: www.pvxmountingsystems.com.

Article 2 – Applicability

These general terms and conditions apply to all offers, quotations, agreements, and deliveries from PVX Mounting Systems to business customers.

Deviations are only valid if confirmed in writing by PVX Mounting Systems.

The Buyer’s general terms and conditions are expressly rejected.

If any provision is found to be invalid, the remaining provisions shall remain fully in force; in such case, the parties will agree on a replacement provision with the same intent as far as possible.

These terms and conditions also apply to subsequent or partial assignments and additional agreements.

Article 3 – Offers and Prices

All offers and quotations are without obligation unless expressly stated otherwise in writing.

Prices are exclusive of VAT and other taxes, and exclusive of shipping, packaging, and transport costs, unless stated otherwise.

Obvious mistakes, typographical errors, or calculation errors in an offer do not bind PVX Mounting Systems.

Quotations are valid for a maximum of 30 days unless otherwise agreed.

Delivery times stated in quotations are indicative and do not entitle the Buyer to compensation or dissolution in case of delay.

Article 4 – Formation of the Agreement

An agreement is concluded at the moment PVX Mounting Systems confirms the Buyer’s order in writing or by email.

Oral agreements are only binding if confirmed in writing by PVX Mounting Systems.

PVX Mounting Systems may refuse an order if there are valid reasons to do so.

Article 5 – Delivery

Delivery takes place from the warehouse of PVX Mounting Systems unless otherwise agreed in writing.

The risk of loss or damage to the products passes to the Buyer at the moment of delivery to the carrier.

Delivery times are never strict deadlines. In case of delay, the Buyer must notify PVX Mounting Systems in writing and allow a reasonable period for performance.

PVX Mounting Systems may deliver and invoice products in partial shipments.

Article 6 – Packaging and Transport

PVX Mounting Systems packages the products carefully and in a manner suitable for normal transport.

Unless otherwise agreed, packaging costs are included, except for returnable packaging for which a deposit is charged.

The risk during transport is borne by the Buyer, unless otherwise agreed in writing.

Article 7 – Inspection and Complaints

The Buyer must inspect the products immediately upon delivery for quantity, quality, and visible defects.

Visible defects must be reported in writing to PVX Mounting Systems within 48 hours of delivery, stating the invoice number.

Hidden defects must be reported in writing within 14 days of discovery, but no later than 30 days after delivery.

Returns are only permitted with prior written approval from PVX Mounting Systems and in accordance with the instructions provided.

Complaints do not suspend the Buyer’s payment obligations.

Article 8 – Payment

Payment must be made within 14 days of the invoice date unless otherwise agreed in writing.

In the event of late payment, the Buyer owes statutory commercial interest and extrajudicial collection costs.

PVX Mounting Systems may require full or partial advance payment.

All payments are first applied to costs and interest, then to the principal amount.

Article 9 – Retention of Title

All delivered products remain the property of PVX Mounting Systems until the Buyer has fully met all payment obligations.

As long as ownership has not transferred, the Buyer may not pledge, resell, or otherwise encumber the products without written permission.

The Buyer must insure the products under retention of title against loss and damage.

Article 10 – Warranty

Delivered products are covered solely by the manufacturer’s warranty as stated in the quotation or product information.

The warranty only applies in the event of correct use and installation in accordance with PVX Mounting Systems’ instructions.

The warranty will lapse if modifications are made to the product without PVX Mounting Systems’ consent, or if the product is used improperly.

Article 11 – Liability

PVX Mounting Systems is only liable for direct damage resulting from an attributable shortcoming, up to a maximum of the invoice amount of the relevant delivery.

PVX Mounting Systems is not liable for consequential damage, such as loss of profit, production losses, or business interruption.

Liability lapses if the damage is not reported in writing within 14 days of its discovery.

Article 12 – Force Majeure

PVX Mounting Systems is not liable if it cannot fulfill its obligations due to force majeure.

Force majeure includes, but is not limited to: strikes, transport problems, fire, government measures, failures in energy or communication networks, natural disasters, war, and supply problems at suppliers.

Article 13 – Intellectual Property

All intellectual property rights to products, designs, drawings, and documentation supplied by PVX Mounting Systems remain the property of PVX Mounting Systems.

They may not be copied, used, or made available to third parties without written permission.

Article 14 – Confidentiality

Both parties undertake to maintain the confidentiality of all confidential information obtained in the context of the agreement.

This obligation also applies to third parties engaged by the parties.

Article 15 – Privacy

PVX Mounting Systems processes personal data in accordance with applicable privacy legislation and its own privacy policy.

The privacy policy can be consulted at www.pvxmountingsystems.com/privacy.

Article 16 – Governing Law and Disputes

All agreements and disputes are exclusively governed by Dutch law.

Disputes shall be submitted to the competent court in Rotterdam, location Dordrecht.