1. Pressure Control Solutions B.V.: General Terms & Conditions of Sale and Delivery
Pressure Control Solutions (PCS) is passionate about precision flow and pressure controls of liquids and gases and maximizing customer satisfaction. We buy from and sell to the most sophisticated and demanding manufacturers and companies in our niche, aiming to provide you a product that is uniquely capable of fulfilling your application requirements. We believe in transparent communication, cooperation and knowledge sharing to achieve (y)our goals. To avoid misunderstanding in doing business with you as our customer and to protect your business interests as well as ours, the terms and conditions of our deliveries are listed below. We keep these as simple as possible and for all topics not addressed here we follow the law. Deviations, if any, shall be mutually agreed in writing. This version is applicable as of publication date February 25 2019 and replaces the terms and conditions that we have previously proposed to you or agreed upon in previous orders.
2. Our Identity
PCS is a limited liability company registered in the Netherlands. All company details (including chamber of commerce registration) can be found on www.pressurecontrolsolutions.nl.
3. Our Offer & related Information
For the sake of clarity we will include in our quotation all relevant information regarding the product(s) offered to you and the proposed price, payment and delivery terms as well as all related technical information (including references to product information that may be enclosed and/or links to product information and other technical information that may be available online).
As the products are continuously improving, technical information may be updated from time to time (to be published online), prevailing also over information that was previously provided with any quotation. Other information – that is not explicitly included or referred to in our quotation to you – is promotional only.
4. Our Agreement & applicable Terms
These terms & conditions apply to all our deliveries and all our deliveries are based on your written acceptance of a quotation from us. This also applies in case of trial orders or loan products. Unless our quotation says otherwise, all our deliveries shall be made DAP (Incoterms 2010) to your place to be identified in our quotation.
Any changes in the quotation, your acceptance or order and thus our agreement – whether at your initiative or ours – will always and only be made in writing through an updated quotation and your written confirmation thereof.
All our deliveries and agreements are governed by Dutch law with exclusion of the Vienna convention on the international sale of goods.
5. Your Risks & Responsibilities
Fluid controls have the potential to leak unexpectedly, either to an unintended port, to the exhaust port under inappropriate conditions, or externally. Elastomeric membranes specifically have the potential to rupture due to a combination of age, cycle fatigue and pressure. Fluid controls may also fail closed at unexpected times, especially if the valve has been exposed to foreign debris, either ingested or formed within the valve. Our pressure regulators are not certified to be used as a safety relief or last resort for a process vessel.
The products that we deliver serve as components of the system in which you will apply the products. To avoid that the use of the products in your system is considered unauthorized by the product manufacturer, it is advisable and in any case your responsibility that you inform PCS of the intended use and explain the characteristics of such system and application.
It is always the customer’s responsibility to design, configure and build fluid systems in such a way that exposure of personnel and property damage is minimized in the event of an unexpected leak or failure of our products. In case you plan to use the products we supply in the space, aviation, medical, petrochemical or automotive industry, please note that our insurance policy holds relevant exclusions regarding product liability. See also “Our Insurance & Liability”.
6. Cancellation & Returns
PCS processes your order as soon as reasonably possible. This means we start working on your particular product configuration directly upon receipt of your written acceptance of our quotation, and often before that. The products are mostly custom made and unique for your application. Therefore it is generally not allowed to cancel your order or to return the products after delivery. Having said that, we urge you to contact us in case you don’t make use of and/or are not satisfied with the products. We will help you find a solution or answer for such situation.
7. Product Warranty
We commit to on spec delivery, as defined in our quotation. To maximize customer satisfaction, we aim to support you, free of charge, with advice for any issues you may have in using the products after delivery. PCS keeps frequently used spare parts on stock to ensure we can respond to your needs for spare parts, if any, swiftly.
In the unfortunate case of defects, PCS extends the manufacturers’ product warranty to you for your benefit. This means that PCS warrants to the extent the manufacturer warrants that the products shall be free from defects in material and workmanship for a period of 12 months after delivery, unless for defects caused by abusive or improper use, alteration, use other than the product’s intended use and use in applications approved by the manufacturer, or any other cause that is not our error or omission.
Defects shall be reported to PCS in writing immediately, but no later than 30 days after delivery. After we acknowledge such report, you may be requested to return the product to us (at your cost) for inspection by us (and the manufacturer if needed). In case the products are found to be defective after inspection, the products will either be repaired or replaced at our discretion and our expense, as your sole remedy. In such cases PCS reimburses transport costs for return of the product from the original delivery address to PCS. PCS accepts no further liability for costs or damages associated with the return, repair and/or replacement.
Should PCS benefit from a broader product warranty from the original product manufacturer than laid down herein, such benefit will be shared with you and we will share such benefit with you by extending this broader warranty to you on identical terms.
Unless the quotation says otherwise, all prices are in EUR and excluding V.A.T., import duties, custom charges, taxes, packing, insurance and transport. When PCS buys and resells products sourced in the US, large fluctuations in the euro/dollar exchange rates may cause serious financial risk for us. We therefore reserve the right to adjust the price mentioned in our quotation (even if you have already accepted this in writing) in case of exchange rate fluctuations >10% since the date of our quotation. Price adjustments will always be such that the risk or benefit of exchange rate fluctuations is shared evenly with you as our customer. Otherwise, we will not change published prices without prior notice.
9. Delivery & Delivery Times
We commit to on time delivery, as defined in our quotation, and will always inform you upfront of any delay. As most of our products come from the US, are manufactured to order and often contain rare materials, delivery dates are approximate only and cancellation of your order is the sole remedy in case agreed delivery dates would be unreasonably exceeded. PCS cannot accept any further responsibility or liability for delay.
We invoice you upon delivery and expect your payment within 30 days. In case of late or non-payment, we reserve our statutory rights to charge interest and full costs of debt collection. Regardless any other term of our agreement, the products delivered to you remain our property until you have paid all our invoices in full. This does not mean we take any responsibility for costs of return, disassembly or even damage associated with our reclaim of the products or damage caused whilst the products remain our property.
Due to continuous product improvements by the manufacturer of our products, design changes and product modifications may be implemented at any time. We are under no obligation to provide or install such changes or modifications on your installed base or outstanding orders.
12. Our Insurance & Liability
PCS is a small international trading company. To protect ourselves as well as the users of our products, we have adequate liability insurance coverage in place (certain industrial uses are explicitly excluded from this insurance coverage, see also section 5). If you require particular details about this, please ask. Other than explicitly acknowledged in these terms & conditions and what is covered by either the original equipment manufacturer or our insurance policy, PCS rejects any liability or responsibility for any direct, indirect or consequential damages that may occur in connection with our products or performance as (to be) delivered to you. This limitation of liability does not apply in case of our gross negligence or willful intent, which we obviously aim to avoid at all times. Our liability in any case is limited to the total of payments you (should) have made to us in connection with the related goods, with a minimum of EUR 5.000,00.
13. Export Control
Products of US origin are subject to the US Export Administration Regulations (in addition to the rules that apply to all products traded from the Netherlands). Your information about destination, intended end use and end user of the products may be requested when we process your order to meet legal requirements. Diversion contrary to US law is prohibited.
14. Complaints & Litigation
Customer satisfaction is very important to PCS. If you are not satisfied with our product or performance, we will always be open to discuss this with you and explain our position. We will do what we can to solve any complaint or dispute amicably. Should you choose to legally pursue your complaint or dispute, the courts in Utrecht, The Netherlands shall have exclusive jurisdiction. If we choose to address a court in our business relationship with you, we will also address the Utrecht courts.