Terms and Conditions

1. Applicability of General Terms and Conditions

• These terms and conditions apply to all offers, deliveries, and execution of work, as well as all agreements concluded by us.
• Orders and assignments imply acknowledgement and acceptance of these terms and conditions.
• These terms override any (general) terms and conditions of the client unless otherwise agreed upon in writing.

2. Offers

• All our offers are non-binding.
• The buyer and/or user is responsible for assessing whether a product is suitable for its intended application.
• We accept no liability for damage resulting from the use of the product, except in cases of gross negligence or intent.
• We are not liable for inaccuracies in data, drawings, etc., provided by or on behalf of the client.
• The client indemnifies us against claims from third parties arising from inaccuracies in such data.
• We expressly retain intellectual property rights on designs made by Pyrasied for the buyer.

3. Prices and Delivery

• All prices are ex-factory, excluding packaging and VAT, unless otherwise agreed in writing.
• Price adjustments may be made due to changes in import duties, taxes, raw material prices, etc.
• We are not obliged to deliver goods removed from the manufacturer’s product range after our offer or that turn out to be unproducible.
• We are not liable for any consequences of undeliverable goods.
• The delivery time stated in our order confirmation is binding.
• We are not liable for compensation due to delivery delays unless explicitly agreed upon in writing.
• No claims for consequential damages can be made by the client or third parties.

4. Orders

• Orders are only binding if accepted and confirmed by us in writing.
• The same applies to modifications of existing agreements.
• If the client changes or cancels an order after acceptance, they bear all incurred costs, lost profits, and idle losses.
• Changes in order quantities may lead to price adjustments due to cost composition changes (e.g., transport costs).
• Order cancellation or modification is only binding with our written approval.
• Custom production is done in batches, and success is unpredictable. We disclaim liability for production issues or delays.
• The factory delivers both first- and second-choice products, which the client must accept. Second-choice sheets will be invoiced accordingly.

5. Product Specifications

• The tolerances stated in our datasheets or those of our suppliers apply to all semi-finished products.
• Manufacturing tolerances follow standard plastic industry norms unless otherwise agreed in writing.
• We do not accept liability for color deviations within acceptable color nuances.
• Color tolerance in relation to thickness tolerance is a material property and cannot be grounds for rejection or default.

6. Indemnification Against Third-Party Claims

• If we produce or supply items based on client-provided drawings, samples, models, or other specifications, the client guarantees no third-party rights are infringed.
• The client indemnifies us against claims related to intellectual property infringement.
• If a third party objects to the production and/or delivery, we may immediately suspend or stop production and seek reimbursement for incurred costs.
• We are not liable for damages resulting from such objections.
• We will notify the client immediately if we receive objections concerning production and/or delivery.

7. Complaints

• Complaints regarding incorrect execution, quality, dimensions, quantities, or other product characteristics must be submitted in writing within eight days of receipt.
• Complaints submitted later will not be considered, except in special circumstances with prior written approval.
• If a product has material or manufacturing defects, we will repair or replace it (in whole or in part) at our discretion.
• We are not liable for additional damages or consequential losses.
• If replacement within the required timeframe incurs excessive costs, it cannot be demanded from us.
• Complaints due to incorrect material or product choices by the client will not be honored.
• We accept no liability for the suitability of our products in specific applications.
• If a complaint is submitted after a significant period, we may deduct an amount proportional to the product’s usage period.
• Complaints will not be processed if the client has outstanding payment obligations.
• Failure to pay for the disputed product suspends the complaint process.

8. Payment

• Unless otherwise agreed in writing, payment must be made within 30 days of the invoice date, without any deductions.
• First-time deliveries must always be paid in advance or on a cash-on-delivery basis.
• For large or long-term projects, partial invoices will be issued.
• We have the right to halt projects if the client fails to meet payment deadlines.
• Any incurred costs (e.g., obsolete inventory, space usage, lost hours) may be charged to the client.
• In case of non-payment, statutory commercial interest will be charged.
• If payment is not received within 75 days of invoicing, collection procedures will commence, and all outstanding orders will be stopped.
• All legal and collection costs are borne by the client, with a minimum charge of 14% of the principal amount.

9. Retention of Ownership

• Goods remain our property until full payment (including legally permitted interest) has been made.
• If the client fails to meet any obligations related to our agreements, we may reclaim goods without prior notice.
• In such cases, the agreement can be dissolved without court intervention, without affecting our right to claim damages, lost profits, interest, and costs.

10. Applicable Law

• All our agreements are governed by Dutch law.
• Legal disputes shall be handled by the court or subdistrict court in the location of our business.

11. Filing of Terms

• These terms and conditions were filed with the Chamber of Commerce in Leeuwarden on May 19, 2015.
• Pyrasied BV registration number: 01043736.