General Terms and Conditions – PVX Mounting Systems

PVX Mounting Systems
Buitenbaan 70
4206 VT Gorinchem
Chamber of Commerce number: 70127612
Website: www.pvxmountingsystems.com
Email: info@pvxmountingsystems.com

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

PVX Mounting Systems: PVX Mounting Systems, including its employees and any third parties engaged by it.
Buyer: Any business customer (natural or legal person) acting in the course of their profession or business who enters into an agreement with PVX Mounting Systems.
Products: All goods and materials offered by PVX Mounting Systems, including cable and pipe 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 concerning the sale and delivery of products.
Website: www.pvxmountingsystems.com.
PVX Calculator: A digital calculation platform developed by PVX Mounting Systems that allows installers to calculate the suitability of mounting systems based on project-specific data.

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.
Any general terms and conditions of the Buyer are expressly rejected.
If any provision proves invalid, the remaining provisions shall remain in full force and effect; the parties will then agree on a replacement provision with a similar intent.
These terms also apply to follow-up, partial, or supplementary agreements.

Article 3 – Offers and Prices

All offers and quotations are without obligation unless stated otherwise in writing.
Prices are exclusive of VAT and other taxes, and exclusive of shipping, packaging, and transport costs, unless otherwise stated.
Obvious mistakes, typing, 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 mentioned in quotations are indicative and do not entitle the Buyer to compensation or contract termination in case of delay.

Article 4 – Formation of the Agreement

An agreement is established when PVX Mounting Systems confirms the Buyer’s order in writing or by email.
Verbal agreements are binding only if confirmed in writing by PVX Mounting Systems.
PVX Mounting Systems reserves the right to refuse an order for legitimate reasons.

Article 5 – Delivery

Delivery takes place from the PVX Mounting Systems warehouse, unless otherwise agreed in writing.
The risk of loss or damage to the products passes to the Buyer at the moment the goods are handed over to the carrier.
Delivery times are never strict deadlines. If exceeded, 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 will package the products carefully and in a manner suitable for normal transport.
Unless otherwise agreed, packaging costs are included, except for reusable packaging for which a deposit is charged.
The transport risk 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 to PVX Mounting Systems in writing within 48 hours after delivery, quoting the invoice number.
Hidden defects must be reported in writing within 14 days after discovery, and no later than 30 days after delivery.
Returns are only permitted after written approval from PVX Mounting Systems and in accordance with its return instructions.
Complaints do not suspend the Buyer’s payment obligations.

Article 8 – Payment

Payment must be made within 14 days from the invoice date, unless otherwise agreed in writing.
In case of late payment, the Buyer owes statutory commercial interest and extrajudicial collection costs.
PVX Mounting Systems may require full or partial prepayment.
All payments shall first be applied to costs and interest, and then to the principal amount.

Article 9 – Retention of Title

All delivered products remain the property of PVX Mounting Systems until the Buyer has fulfilled all payment obligations in full.
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

Only the manufacturer’s warranty as stated in the quotation or product information applies to delivered products.
The warranty applies only with proper use and installation according to the instructions of PVX Mounting Systems.
The warranty lapses if modifications are made to the product or if it is used improperly without the consent of PVX Mounting Systems.

10.1 PVX Calculator and Application Guarantee

The PVX Calculator is a digital calculation tool developed by PVX Mounting Systems to determine the technical suitability of a selected mounting system.
The PVX Calculator calculates the required support distance for the selected application, taking into account factors such as wind load, snow load, and product properties.
If a calculation in the PVX Calculator is completed with the status “approved”, PVX Mounting Systems provides an application guarantee for the calculated mounting system, provided that:
- the entered data are complete and accurate;
- the installation is carried out in accordance with PVX Mounting Systems’ installation instructions;
- only original PVX Mounting Systems products are used.
The application guarantee applies exclusively to the configuration as recorded in the approved report and lapses in case of changes in product selection, installation method, or project conditions.
The application guarantee applies solely to the technical applicability of the system design and does not extend to consequential damages, installation errors, or deviations outside the calculated parameters.

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 for the relevant delivery.
PVX Mounting Systems is not liable for consequential damages such as loss of profit, production downtime, or business interruption.
Liability expires if the damage is not reported in writing within 14 days after discovery.

Article 12 – Force Majeure

PVX Mounting Systems shall not be liable if it is unable to fulfill its obligations due to force majeure.
Force majeure includes, among others: strikes, transport issues, fire, government measures, energy or communication network failures, natural disasters, war, and supplier delivery problems.

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.
These may not be copied, used, or made available to third parties without written consent.

Article 14 – Confidentiality

Both parties shall treat all confidential information obtained in the context of the agreement as strictly confidential.
This obligation also applies to third parties engaged by them.

Article 15 – Privacy

PVX Mounting Systems processes personal data in accordance with applicable privacy laws and its own privacy policy.
The privacy policy can be found at www.pvxmountingsystems.com/privacy.

Article 16 – Governing Law and Jurisdiction

All agreements and disputes are governed exclusively by Dutch law.
Any disputes shall be submitted to the competent court in Rotterdam, location Dordrecht.