Terms & Service

Terms and conditions PrimeVac Machinery INC

Article 1 applicability
1.1 These terms and conditions are applicable to every offer made by PrimeVac Machinery Inc and on every agreement concluded by  PrimeVac Machinery INC
1.2 Unless explicitly differently agreed upon, the applicability of other terms and conditions is excluded.
1.3 PrimeVac Machinery INC reserves the right to change the general terms and conditions unilaterally at any time.
1.4 Deviation from the provisions of these general terms and conditions is only possible if and insofar as Ginuxtech  has expressly consented to this or, if so, if Ginuxtech. agreed to it in writing. If tacitly or explicitly one or more times the present conditions have been deviated from, the customer cannot derive any rights therefrom with regard to subsequent agreements.

Article 2 Offer
2.1 All expressions of  PrimeVac Machinery INC on its website count as an invitation to make an offer.
2.2 The order given to  PrimeVac Machinery INC counts as an offer. This offer is accepted by  PrimeVac Machinery INC as soon as it is confirmed in writing by  PrimeVac Machinery INC or as soon as the actual execution of the offer has begun in a manner that is familiar to the buyer.
2.3 The agreement is concluded as soon as  PrimeVac Machinery INC has accepted the offer, which acceptance binds the buyer. Acceptance can be explicit and tacit. Tacit acceptance is deemed to have taken place, if within five days after receipt of an order by  PrimeVac Machinery INC the buyer has not been informed in writing that the order has not been accepted.
2.4  PrimeVac Machinery INC reserves the right to refuse orders without giving any reason.

Article 3 Prices
3.1 If no other provision is made at the conclusion of the agreement, the prices and delivery conditions that are included on the website of  PrimeVac Machinery INC apply and as they apply to the relevant customer on the day of delivery.
3.2 Prices cannot be agreed on through the phone.
3.3 All prices are exclusive of VAT and costs of transport, shipping and legal contributions unless stated otherwise.
3.4 All agreed prices are binding, unless after the offer one of the cost-determining factors of the product changes in the period between the time of the offer and the time of delivery and the resulting price-increases cannot or can hardly be influenced by  PrimeVac Machinery INC. In such cases,  PrimeVac Machinery INC has the right to adjust the agreed price accordingly, irrespective of whether or not the price increase was foreseeable at the time of the offer, all this with due observance of the relevant statutory regulations.
3.5 The buyer has the right, if a price increase referred to in the previous paragraph amounts to 10% or more, to cancel the relevant agreement without costs, but without the right to compensation. If the products have already been delivered, they will be retrieved as quickly as possible after cancellation at the expense of the buyer.
However, the buyer remains fully liable for quality reduction, damage, theft and the like until the time that the products are retrieved.
3.6 The delivered quantities by  PrimeVac Machinery INC are stated on a delivery document. If the buyer has not made his objection known within 48 hours after receipt, the quantity stated on the delivery document is deemed to accurately represent the delivered item. 

Article 4 Delivery

4.1  PrimeVac Machinery INC determines the mode of transport and the carrier. If the customer has different transport wishes, the extra costs will be for his account. All orders are delivered to the collection point or street address specified by the buyer.
4.2 Delivery of ordered products in parts is permitted.  PrimeVac Machinery INC is entitled to immediately invoice the products already delivered to the buyer.
4.3 The right of withdrawal does not apply to professional parties, unless agreed otherwise.

Article 5 Payment
5.1 Payment is made by bank or giro collection, credit card, online banking, by giro or any other payment method as shown on the website of  PrimeVac Machinery INC.
5.2 If it has been agreed that payment will be made on account, a strict payment period of 30 days after the invoice date applies, unless agreed otherwise.
5.3 After exceeding a payment term, the customer owes the statutory interest and all judicial and extrajudicial collection costs with a minimum of 100 euros. If the payment term is exceeded,  PrimeVac Machinery INC has the right to suspend its obligations or to dissolve the agreement extrajudicially.
5.4 Settlement with claims against  PrimeVac Machinery INC or suspension is not permitted unless agreed upon in writing.

Article 6 Warranty
6.1 Upon delivery of the products to the address of the buyer, visible damage, defects or shortcomings must be reported by the buyer on the bill of lading or the delivery document or in another direct manner in writing (by e-mail) to  PrimeVac Machinery INC, in the absence of which there is full proof that the customer has received the products upon delivery in a sound and undamaged condition.
6.2  PrimeVac Machinery INC guarantees the quality of the delivered products for 12 months after delivery.
6.3 Complaints about deficiencies or defects that are not immediately noticeable with regard to the delivered goods must be returned to  PrimeVac Machinery INC to be notified with a copy of the invoice or order confirmation and a detailed description of the defect.
6.4 Every claim of the buyer on  PrimeVac Machinery INC relating to errors in the delivery or defects in or by  PrimeVac Machinery INC delivered products expire irrevocably, as soon as the aforementioned advertising periods have expired, as well as in those situations in which the customer provides  PrimeVac Machinery INC with insufficient cooperation to an investigation into the merits of the complaints. The products to which complaints relate must remain available to be viewed by  PrimeVac Machinery INC in the condition which the products were in at the time the defects were found. The right to complain expires after the customer has taken the delivered into use, has processed it, has taken it into use, or has passed it on to third parties, unless PrimeVac Machinery INC has expressly given permission for this.
6.5 Every claim of the buyer on PrimeVac Machinery INC Machinery INC relating to errors in the delivery or defects by PrimeVac Machinery INC delivered products expire if:
a. the item is insufficiently protected against transport damage upon return;
b. there are defects caused by incorrect or improper use, such as non-compliance with the accompanying instructions;
c. the defect was caused by intent or gross negligence on the part of the customer.
6.6 If a complaint appears to be justified and the aforementioned procedures with regard to making complaints have been met, PrimeVac Machinery INC will, as soon as possible, at the discretion of PrimeVac Machinery INC , either repair the defect or deliver a replacement product or, if the purchase price for the relevant product has already been invoiced, credit the amount corresponding to the complaint. The customer can never claim any compensation in these situations; the liability of Ginuxtech remains limited to the value of the products that have been the subject of the complaint.
6.7 Complaints do not give the customer the right to suspend payment of the relevant invoice, while compensation is expressly excluded by PrimeVac Machinery INC . The complaint period on invoices send by PrimeVac Machinery INC is at most 7 days after the day of receipt. If no objection is made to the invoice within that period, it will be deemed to be correctly displaying the underlying transaction(s)with PrimeVac Machinery INC and to be approved by the customer. 

Article 7 Responsibility
7.1 Advice or technical information provided by PrimeVac Machinery INC provide no guarantee. The responsibility for obtaining information about the correct use of products lies with the customer.
7.2 PrimeVac Machinery INC is not liable for technical data provided by suppliers and unforeseeable and reasonably uncontrollable poor quality of products.
Article 8 Retention of title
8.1 The product delivered by PrimeVac Machinery INC remain the property of PrimeVac Machinery INC. until the moment of full payment of the purchase price, including other costs.

Article 9 Force majeure
9.1 Force majeure is understood to mean any circumstance beyond the control of PrimeVac Machinery INC which is of such a nature that compliance with the agreement cannot reasonably be required by PrimeVac Machinery INC (so-called non-attributable shortcoming in compliance). Force majeure also includes: mobilization, war and the threat of war, riot, strike, acts of terror, demonstrations, lack of personnel, business and transport disruptions of any kind, breach of contract by suppliers, epidemics, obstacles caused by measures, laws or decisions of international, national or regional (government) authorities, fire, explosion, frost, snow, flooding, storm damage and other natural disasters.
9.2 If PrimeVac Machinery INC due to force majeure cannot fulfil the agreement in time, PrimeVac Machinery INC has the right to execute the agreement at a later time, or to regard the agreement as dissolved, such at the discretion of PrimeVac Machinery INCPrimeVac Machinery INC is entitled in these or similar cases, entirely at the discretion of PrimeVac Machinery INC, to dissolve the agreement after a reasonable period of time without any obligation to pay compensation, or to claim that the agreement is to be adapted to the circumstances.

Article 10 Disputes
10.1 On the agreements between  PrimeVac Machinery INC and the customer, only Dutch law applies.
10.2 If between PrimeVac Machinery INC and the buyer a dispute about the coming about, the interpretation, the execution or the failure, incorrect or late execution of an agreement or other legal relationship concluded between the parties, or if one of the parties believes that such a dispute exists, takes place, parties are obliged to try to reach an agreement through negotiation before submitting the dispute to the civil court.

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