General terms of sale
GENERAL TERMS OF SALE
- The present general terms of sale are integrally applicable to each contract of sale with PPG, with the exception of particular divergent conditions agreed on in writing between PPG and the client.By putting an order, the client agrees with these general terms of sale, which take priority to those of the client.
- The client cannot consider as an offer : the forwarding of catalogues, price lists or price estimates. The conditions mentionned in these catalogues, price lists, etc. can be modified anytime, this without previous notice.
- All prices are calculated ‘ex works’ Waregem. Transportation costs, storage, insurance, etc. are not included.
- All orders confirmed by PPG will – in principle – be carried out at the agreed price. However, PPG reserves the right to adjust the agreed price proportionally, in case the price of goods that PPG purchases from third parties is subject to an increase.
- PPG reserves the right to carry out and to invoice every order partially.
- Terms and/or dates of delivery are given only on an informative basis, meaning they are only indicative and not binding upon PPG. In case deliveries or the execution of works are delayed, the client does not have the right to a breach of contract, and is not entitled to any indemnification.
- Goods travel at buyer’s risk, even if transport is paid or invoiced by PPG. If delivery is impossible because the buyer is absent at the settled date and place of delivery, the cost of a second transport will be invoiced supplementally, and is to be paid at the due date of the principal amount.
- Sold goods remain the exclusive property of PPG, until the client has completely paid the agreed selling price. Right from the moment the goods leave the PPG premises, the risk of loss, damage or destruction is chargeable to the buyer. If, at due date, the agreed selling price is not paid, PPG has the right to consider the contract as dissolved, this after previous ineffectual formal notice, by means of an unilateral written statement of dissolution, and without any legal intervention required. PPG is also entitled to an indemnification for the damage hereby sustained. In this case, the client is obliged to return the goods at simple request. In default of this return within 48 hours PPG will be allowed by right to take back the goods. In the above-mentionned case, PPG is also entitled to an indemnification for the sustained loss. This stipulation acquires the force of explicit dissolution.
- Complaints about non-conformity and visible failure of our deliveries and performances are to be put by registered mail within 48 hours after delivery, under penalty of late arrival. All other complaints must be put under the same condition within 8 days. The burden of proof of his complaints rests with the buyer. If above-mentionned cases occur, the recovery of debts remains claimable at due date. Protest against our invoices must be entered by registered mail within 8 days from date of invoice.
- PPG can never be held responsible for any damage caused by goods she delivered, in case these were put in operation by her resellers or on the advice of her resellers by any other third party.
- The warranty on the replacement of goods that were proven faulty, is valid for 12 months, starting from the date of delivery. This guaranty only applies to normal use, and is limited to the free replacement of the faulty part. In case the buyer wants to make use of the warranty obligation of PPG, he must inform the company about it by registered mail within 8 days after occurance of the case requiring an appeal to the warranty. An appeal to our duty of warranty obligation by the buyer does not suspend the claimability of our recovery of debts. Goods can never be returned to PPG by the buyer without previous written consent of PPG. The mere consent of PPG for returning goods, can not be considered as an acceptance of liability, nor the acknowledgement of proof of the faulty character of the returned goods. In every case of returning PPG is entitled to charge an indemnification for storing the returned goods and for any other preservation cost. However, the client will have to pay integrally for the refused and/or returned goods, in case these goods get lost during retransport to PPG.
- Every payment is done cash, except for divergent conditions, in Waregem or Koekelare. In case the invoice has not been paid within 8 days after its due date, an interest of 12 p.c. per year, equal to 1 p.c. per month, will be indebted by right, this without previous formal notice. In case of complete or partial non-payment of debts at due date, without serious reasons, the principal amount will be increased by 12 p.c. with a minimum of 62 Euro and a maximum of 1.860 Euro, even if terms of respite were adjudged, this without any extra formalities. Expenses caused by unpaid bills of exchange and uncovered cheques, as well as other particular costs of recovery, will be charged additionally. If one of our invoices remains unpaid at due date, all amounts due from the client in default will be immediately claimable, even if other conditions of payment were admitted previously. PPG reserves the right to stop all further deliveries and works, in case debts remain unpaid at due date.
- In case of discrepancy between the Dutch text and the versions in other languages of the present terms of sale, the Dutch text will be decisive.
- In case of litigation about the present contract or the general conditions are challenged, only the courts of justice of the judicial district Kortrijk will be competent. Belgian law will be applicable.
- Personal Data Processing: Parties acknowledge that the processing of personal data as part of the each contract of sale is governed by the EU Data Protection Laws (EU General Data Protection Regulation 2016/679 and EU Directive 95/46/EC), hereinafter called the “GDPR”. The client is data controller within the meaning of GDPR and is thus the one who defines the aim and means for the processing of the personal data. PPG is the mere processor within the meaning of GDPR and processes the personal data only on behalf of the client. Parties, respectively as data controller and as processor, undertake to comply with the GDPR. The client shall indemnify, defend and hold PPG harmless against all direct and indirect damages and costs (including any court and legal costs) in connection with claims of any third party. The client declares to have acknowledged the privacy disclaimer on our website.