Terms and Conditions of Retail Sales
1. Returned merchandise:
(a) All claims for shortage, shipment error, incompatibility, or incorrectly ordered merchandise must be made within fifteen (15) calendar days after the invoice date. An RMA (Return Merchandise Authorization) must be issued within the fifteen (15) calendar days after the invoice date. We reserve the option to accept or reject non-defective returns.
(b) All returns are subject to no less than a twenty-five percent (25%) restocking fee of current market value at Plasma Project B.V.’s discretion. Our liability shall be limited to the invoiced value of the merchandise or its replacement. If product is returned within 14 days, unused and unopened, full invoice amount (including shipping) will be refunded, no fees applied.
(c) Returns will not be accepted without prior authorization and must be accompanied by a copy of the invoice. Buyer must return merchandise to Plasma Projects B.V. within fifteen (15) calendar days after the RMA is issued. If the merchandise is not returned within the authorized time period, the RMA will be canceled. Products must be packed securely and be returned to Plasma Projects B.V. undamaged; must include original packaging, manuals, warranty cards, and all other accessories. Buyer is solely responsible for paying all return freight costs.
(d) Merchandise is subject to testing before replacements will be issued. We reserve the right to return to the Buyer any non-defective merchandise or any merchandise that does not match the invoice.
(e) We reserve the option to require that defective merchandise returns be accompanied by a test report from an independent laboratory in order to receive a refund, credit, or Replacement on merchandise.
(f) We reserve the right to issue refunds in exchange for returned merchandise, or to replace merchandise with repaired, used, or reconditioned parts.
2. Limited one (1) year warranty:
(a) Plasma Projects B.V. warrants to the end-user customer that the Plasma Projects B.V. products specified will be free from defects in material and workmanship for the duration specified above, which duration begins on the date of purchase by the customer.
(b) Plasma Projects B.V.’s limited warranty covers only those defects which arise as a result of normal use of the product, and does not cover any other problems, including those which arise as the result of improper maintenance or modification or operation outside the products specifications.
(c) Custom made Plasma Projects B.V. products have a “Replacement only” warranty if defective. Non-detective parts are subject to the terms in 1(a). This limited warranty does not cover any products used for racing. All Plasma Projects parts used for racing are sold “AS IS” with no warranty.
(d) All warranties begin from the date of invoice.
(e) No Plasma Projects B.V. employee, agent, or dealer is authorized to make any modification, extension, or addition to this limited warranty.
(a) Buyer may be subject to no less than a twenty-five percent (25%) restocking fee, shipping charges, and any losses incurred by Plasma Projects B.V. if a package is refused without prior authorization.
4. Shipping Limitations / Delays:
(a) All shipping dates are approximate and are based upon current availability of materials and prompt receipt of all necessary information. Plasma Projects B.V. will not be liable for any damage, loss, fault or expenses arising out of delays in shipment or other non-performance of this Agreement caused by or imposed by
(1) strikes, fires, disasters, riots, Acts of God;
(2) acts of Buyer;
(3) Governmental action, or
(4) any other cause or condition beyond Plasma Projects B.V. ‘s reasonable control in the event of any such delay or non-performance.
(a) All orders are FCA (Free Carrier) Apeldoorn unless otherwise agreed to in writing.
(b) Buyer is responsible for all re-route fees.
(c) Buyer is responsible for payment for any duplicate shipment if merchandise is not returned to Plasma Projects B.V. within fifteen (15) days.
6. Limitation on Liability:
IN NO EVENT SHALL PLASMA PROJECTS B.V. BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, INCOME OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, BREACH OF ANY OBLIGATION IMPOSED ON PLASMA PROJECTS B.V. HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF PLASMA PROJECTS B.V. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PLASMA PROJECTS B.V. BE LIABLE FOR ANY EXPENSES INCURRED BY BUYER FOR ANY INSTALLATION DONE BY SOMEONE OTHER THAN PLASMA PROJECTS B.V.. IN NO EVENT SHALL PLASMA PROJECTS B.V.’S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE PURCHASED PRICE PAID FOR THE GOODS.
(a) Payment for goods purchased hereunder shall be in EURO’s.
(b) Method of payment will only be made by bank transfer, or PayPal.
(c) If Buyer fails to comply with any of the terms hereof, Plasma Projects B.V. reserves the right to withhold further deliveries or terminate the agreement of sale with oral or written notice and any unpaid amount shall thereupon become due. Buyer authorizes Plasma Projects B.V. to offset against any amount which Plasma Projects B.V. owes to Buyer, and any amount which Buyer owes to Plasma Projects B.V.. Until the purchase price and all other sums due pursuant hereto are paid in full, if Buyer defaults with respect to any payments described herein, it shall pay Plasfma Projects B.V. for all costs and expenses, including legal expenses and attorneys’ fees, inclined by Plasma Projects B.V. in exercising any of its rights or remedies.
(d) All unpaid balances are subject to a one point five percent (1 .5%) finance charge per month if not paid within the agreed terms.
8. Governing Law:
The formation, interpretation and performance of this Agreement shall be governed by the laws of the Netherlands.
The invalidity, in whole or in part, of any terms or conditions of this Invoice shall not affect the validity of any other terms or conditions.
10. Disputes and Attorneys’ Fees:
In the event of any litigation to enforce or interpret any terms of this Agreement, the parties agree that such action will be brought in the federal court of the Netherlands, and the parties hereby subject to the exclusive jurisdiction of said court. In no event shall the litigation of any controversy or the settlement thereof delay the performance of this Agreement, if an action is commenced to enforce payment as provided herein. Buyer agrees to pay the Plasma Projects B.V.’s attorneys fees, court costs and other costs of collection:
11. Complete Order:
This Invoice, which includes any supplemental documents attached hereto, sets forth the entire Agreement, and supersedes all other oral or written provisions. THE PARTIES HEREBY AGREE THAT NO TRADE USASE, PRIOR COURSE OF DEALING OR COURSE OF PERFORMANCE UNDER THIS AGREEMENT SHALL BE A PART OF THIS AGREEMENT OR SHALL BE USED IN THE INTERPRETATION OR CONSTRUCTION OF THIS AGREEMENT.
© 2010 Plasma Projects B.V. All Rights Reserved.