These general terms and conditions are applicable to all orders regarding buying, selling, delivering and paying of products between Pralibon and the customer.
Exceptions to this terms and conditions are only possible when agreed upon in writing.
Agreements and offers
Verbal agreements and/or agreements by phone are not binding unless confirmed in writing by Pralibon.
Items like pictures, samples, specifications about products are only estimates. Tolerances in weight are 15% and in size 5%. To be able to judge a certain shipment, the average of the whole delivery is taken into account.
When manufacturing packaging it can happen that a limited number of packaging items are wrongly manufactured. A percentage of 2% is common and up to that percentage no claims are accepted.
The offers, designs and samples, provided by Pralibon remain owned by Pralibon. With prior written approval from Pralibon these may not be used, multiplied or shown to third parties and have to be returned at first request.
Pralibon reserves the right, in case of increase in general costs such as raw materials, transportation and labor costs, to pass these increased costs on to its customers. If there is a written agreement offered at fixed prices this does not apply. This does not include the costs arising from any desired changes to the design that is later announced by customer.
All prices mentioned by Pralibon are excluding VAT and transportation costs, unless otherwise written.
Intellectual property
Pralibon may use or reproduce all of the made or designed products by Pralibon for all means, unless otherwise agreed upon in writing.
Pralibon has the right to put her name or brand mark on each product unless otherwis agreed upon.
Control
When an order is made for delivering tailor made products, a sample or design will be sent for approval, prior to production.
Pralibon cannot be held accountable for damages when false data has been provided by the customer.
When a customer chooses not to approve the sample or design, Pralibin cannot be held accountable for any incorrectness that could have been corrected in the sample or design.
Delivery times
All mentioned delivery times are on subject to change. Pralibon is allowed to deliver sooner than mentiond unless otherwise agreed upon.
When delivery is not possible due to circumstances beyond Pralibon's control, Pralibon has the right to extend the delivery times or to cancel the order.
The customer cannot refuse deliveries from Pralibon when delivery times are not met.
In general, orders are delivered according to the specifications. Pralibon has the right to deliver larger or smaller quantities; until 1000 units +/- 20%, 1000 until 2500 units 15% and 2500 units or more 10%. This is also applicable for re-ordering products. If delivery is spread over several parts, these tolerances can be spread over the deliveries.
Packaging and transport
Pralibon will make sure that products are packaged in an orderly fasion as customary in this industry.
When customer has the request to send the products registered or by speed delivery or differntely packed, the costs of this are for the customer.
Transportation of the products are the responsibility of the customer. If there is transport damage to the products, notice should be given immediately to the transportation company and to Pralibon. Only if there is immediate notice, claims can be made to the transportation company.
Warranty en quality
Pralibon gives no warranty on sold products. When it turns out that there are production faults, products will be exchanged at no costs. The percentage of these faults should be over 5%. Under 5% these faults are considered to be within tolerances. Production faults are: parts that are loose due to bad glueing, printing errors or faultive parts.
When it is not possible to repair or exchange the product, the unused products can be returned after which the original price will be reimbursed.
Article 7.2 is not applicable when reason of exchange of repair is to be ascribed to the customer.
Complants about the quality are to be stated as soon as possible and in writing. Pralibon has the right to judge the complaints on the delivery address.
Limitation of ownership
All delivered products remain in ownership by Pralibon until all accounts receivable are covered.
As long as ownership is still at Pralibon, the products cannot be pawned to third parties.
Pralibon has the right to take back the products under limitation of ownership, when customer fails to perform its obligations.
Payment conditions
Invoices are dated on the date of the order.
Payments are to be made by bank transfer in advance or credit card.
Disputes
All disputes will be handled according to Dutch law.
When a customer has been declared bankrupt or is in state of bankruptcy, Pralibon can dissolve any agreement immediately extrajudical.
