SALES CONDITIONS

ART. 1. GENERAL:

By placing an order, the co-contractor accepts without reservation the general terms and conditions of sale and delivery of Pagoda International nv and the exclusion of its own general terms and conditions.

Offers, information, etc. are noncommittal and without obligations.

Obligations entered into by representatives must be confirmed in writing by an authorized representative of Pagoda International nv to be valid. A payment request or correspondence which proves this, serves as confirmation.

Pagoda International nv can terminate the agreement without being obliged to pay any compensation if it finds that the co-contractor is insolvent or insolvency can be expected.

Orders, deliveries and performances only include those stated in quotations and payment requests and are only valid after written confirmation by an authorized representative of Pagoda International nv.

Any deviation from these general terms and conditions of sale and delivery must be agreed in writing and explicitly accepted by an authorized representative of Pagoda International nv.

Orders up to € 900,00 net are additionally taxed with € 75,00 + VAT for small order costs. 

ART. 2. PRICES:

The prices on our quotations are effective on the date of confirmation, by signature or by email. Unless explicitly stated otherwise on the order confirmation / payment request, our prices are net prices, with cash payment ex warehouse - Ex Works (EXW) in accordance with Incoterms® 2010.

Transport, shipping and packaging costs are always at the co-contractor's expense and, without specific written mention, never included in the price of goods and / or services.

Changes in legislation in the field of taxes, import duties and the like can be applied at any time regardless of the evolution in the delivery, works or assignment.

ART. 3. TRANSFER OF OWNERSHIP, RISKS AND COSTS:

The sold and delivered goods and services remain the property of Pagoda International nv until full payment thereof, even if the collection, delivery or execution has already taken place. During this period, the goods can neither be rented, sold, pledged or donated to third parties by a co-contractor. In the event of seizure, theft or any other fact that could damage the rights of Pagoda International nv, the co-contractor is obliged to immediately inform Pagoda International nv in writing.

In the event of payment arrears, Pagoda International nv reserves the right, after notice of default by email, to suspend the order, to take back the materials, to stop the assignment, until payment of the balance, without being obliged to pay any compensation as a result of this suspension, stopping or taking back.

All payment requests and invoices from Pagoda International nv are, unless otherwise agreed in writing, payable in cash upon collection or delivery.

In the event of non-payment in accordance with the agreement, any granted discounts, without notice of default, no longer apply.

Each unpaid payment request and / or invoice will be increased, without notice of default, with a conventional interest rate of 8% per year from the communication date (by email) and with a conventional compensation of 10% of the amount of the payment request and / or or invoice for collection costs, with a minimum of € 250.

Any protest against the content of a payment request and / or invoice or against the execution of the agreement must be notified in writing to Pagoda International nv within 8 calendar days after the communication date.

In the event of temporary or complete termination of the order or assignment, Pagoda International nv can always charge for the materials already delivered, work carried out, costs and / or performances.

In the event of a unilateral breach of contract or if the co-contractor fails to meet his obligations, the co-contractor will pay Pagoda International nv an amount of at least 35% of the sales price, and this without Pagoda International nv having to prove its actual damage. This amount applies as compensation. Pagoda International nv subsequently reserves the right to terminate the agreement without being liable to pay any compensation.

Deposits on assignments / orders are retained in the event of cancellation as compensation. By way of reciprocity, Pagoda International nv will owe similar compensation in the form of a refund of the deposits made if it itself cancels the contract.

In the event of a dispute, the costs incurred by Pagoda International nv for this are supplementary and deductible from the co-contractor.

The possible transport of the goods always takes place, in all directions, under the responsibility of the co-contractor. Pagoda International nv is not responsible for any damage to the goods during these transports. Every complaint and / or defect regarding transport, goods or services must be noted on the CMR / delivery note upon delivery / collection.

The formulation of complaints and / or defects does not give the right to suspend the payment of the invoices and / or payment requests.

The buyer declares to agree and unconditionally commits himself to make the delivered and unpaid goods immediately available again to Pagoda International nv within five calendar days after the notice of default has been sent.

The buyer declares that he unconditionally agrees with all the above stipulations of the retention of title.

ART. 4. DELIVERY TIME:

Delivery times stated are only given for information purposes and are not binding on Pagoda International nv. Unless stated explicitly and in detail on the payment request, delays in orders, deliveries or executions cannot justify cancellation of the agreement by the co-contractor or give rise to any compensation.

Pagoda International nv has the right to deliver in parts on its own initiative and without prior notice.

ART. 5. DISPUTES: 

Any dispute regarding the interpretation and / or execution of this agreement / order or in any way resulting from this agreement / order will be settled by the Courts of the Antwerp district, section Hasselt, (Belgium), regardless of the place or country where this dispute arises. takes place. This clause replaces all possibly conflicting clauses.

Belgian law applies. The language of the procedure is Dutch.