Promix BV – General Terms and Conditions of Sale

Promix BV
De Bosmier 22 – 8710 Wielsbeke – Belgium
VAT BE0563.571.285
info@promix.be – www.promix.be

Article 1 – Scope

These general terms and conditions of sale apply to all offers, quotations, orders, deliveries and agreements between Promix BV and its professional customers (B2B). Any deviation is valid only if expressly agreed in writing by both parties.

Article 2 – Prices and quotations

All quotations and price indications are non-binding unless expressly confirmed in writing. Should raw material, energy, transport or labour costs change, Promix BV reserves the right to adjust the prices proportionally.

Article 3 – Delivery and risk (DDP)

Unless otherwise agreed, goods are delivered DDP (Delivered Duty Paid) to the address specified by the buyer. Promix BV bears the cost and risk until delivery. The buyer must check the goods upon receipt. Any visible damage, shortage or discrepancy must be noted on the delivery note or CMR and confirmed by e-mail with photos within five (5) working days.

Article 4 – Delivery terms

Delivery times communicated by Promix BV are indicative and non-binding. Any delay shall not entitle the buyer to compensation or cancellation of the order.

Article 5 – Retention of title

The goods remain the property of Promix BV until full payment of the principal amount, costs and interests. Until full payment has been made, the buyer may not pledge or use the goods as collateral in any way.

Article 6 – Payment terms

Invoices are payable within thirty (30) days from the invoice date, without discount. In the event of late payment, an interest of twelve percent (12 %) per year and a fixed compensation of ten percent (10 %) of the outstanding amount, with a minimum of EUR 125, are due automatically and without prior notice.

Article 7 – Cancellation

In case of order cancellation by the buyer, a fixed compensation of twenty percent (20 %) of the sales price, excluding VAT, is due, unless the actual damage is higher.

Article 8 – Complaints and warranty

Complaints concerning visible defects or transport damage must be made in accordance with Article 3. Complaints concerning hidden defects must be notified in writing by e-mail within three (3) months after delivery. Promix BV’s liability is limited to the replacement or crediting of the goods concerned.

Article 9 – Product safety and recall

In the event of a product safety issue or product recall, both parties shall immediately cooperate to comply with all legal obligations. Promix BV shall only be liable for direct costs if it is proven that the recall results from a fault attributable to Promix BV, with a maximum liability equal to the invoiced value of the goods concerned.

Article 10 – Force majeure

Promix BV shall not be held liable for delay or non-performance resulting from force majeure, including but not limited to strike, fire, mobilisation, embargo, transport issues or shortage of raw materials.

Article 11 – Termination for default

In case of non-payment or serious breach by the buyer, Promix BV may terminate the agreement after a notice period of eight (8) days. The buyer shall then pay for all goods delivered and an indemnity of fifteen percent (15 %) on the unexecuted part.

Article 12 – Applicable law and jurisdiction

All agreements are governed by Belgian law. In case of dispute, only the courts of the judicial district of Kortrijk shall have jurisdiction.

Article 13 – Severability

The invalidity of any provision shall not affect the validity of the remaining provisions. The parties undertake to replace any invalid provision by a valid one pursuing a similar purpose.

Article 14 – Publication and acceptance

These terms and conditions are available on www.promix.be and are deemed accepted with every order or delivery.

Version 01/2025 – Applicable to all offers, orders and deliveries of Promix BV – Courts of Kortrijk competent.