Prices, terms of payment. 4.1 The prices stated in the order confirmation refer to the delivered products ex works CABKA excluding packaging and transport, unless otherwise expressly agreed.
4.2 All prices are exclusive of the value-added tax in euros that is valid at the time of delivery.
4.3 CABKA expressly reserves the right to change the production location after the conclusion of a contract. If the transport costs for the customer change as a result of this, CABKA shall be entitled to adjust such costs accordingly.
4.4 Payment is due 30 days after delivery of the products, unless otherwise agreed in writing. After the due date, CABKA shall be entitled to demand interest at a rate of 8% above the statutory base rate. This shall not affect the right to assert higher damages caused by delay.
4.5 By way of derogation from the preceding section, CABKA reserves the right to, in justified cases, in particular in the case of a negative creditworthiness or in the case of a previous delay in payment, demand payment of the products prior to delivery (payment in advance).
4.6 If partial services are not accepted within the framework of a large order and the invoices for the products called up are not paid, CABKA shall be entitled to stop production or sell the products to third parties until the outstanding invoices have been paid.
4.7 The customer may assert a right to refuse performance or a right of retention only if the counterclaims are based on the same contractual relationship and are legally established or undisputed.
Prices, terms of payment. 3.1 The prices stated in the order confirmation are authoritative. Pronexos reserves the right to increase the prices with a reasonable amount if a cost increase occurs after conclusion of the contract, for example as a result of changes in labour costs and/or material prices or exchange rate fluctuations in the case of materials purchased in foreign currencies. Evidence of such changes will be furnished to the other party on request. Services, and in particular installation, commissioning, maintenance and/or repair work as well as instruction and training sessions, will be invoiced in accordance at the hourly rates charged by Pronexos at the time in question.
3.2 Unless explicitly stated otherwise, all prices are quoted in EUR, exclusive of VAT, which will be added to the invoice at the statutory rate, ex works with carriage unpaid and, unless stipulated otherwise in the contract, exclusive of the costs for packing, transport and insurance, installation and commissioning.
3.3 Where payment in a foreign currency is agreed, exchange rate fluctuations shall be borne by the other party. The authoritative rate will be the equivalent amount in EUR at the time of the offer/ quotation.
3.4 If no other period allowed for payment is indicated in the order confirmation, invoices are due and payable on the day of receipt without any cash discount or other deductions.
3.5 Advance payments may be agreed separately in the order confirmation.
3.6 If full payment is not made on time, the other party will be in default by operation of law. The other party will owe the statutory commercial interest pursuant to Article 6:119a, Dutch Civil Code, on the outstanding amount owed, from the time it is in default to the date of full payment. Any in-court or out-of- court costs incurred by Pronexos to collect the amount owed by the other party will be paid by the other party. The out-of-court costs will be set at at least 15% of the amount owed by the other party, with a minimum of two hundred fifty euros. This shall be without prejudice to the right of Pronexos to claim for any higher actual loss or damage incurred by it.
3.7 Pronexos's claims shall only be deemed fulfilled when Pronexos is free to deal with the consideration from the other party without restriction. The other party is not entitled to suspend or set-off payment.
Prices, terms of payment. 1. The price stated in the purchase order shall be binding. If no other written agreement has been made, the price shall be "free domicile" including packaging. Return shipment of empties and packaging material, unless disposable packaging, will be made freight collect at the supplier's expense.
2. Prices shall be understood to be stated without the applicable VAT.
3. We will process invoices only if we receive them apart from the goods shipment and if the purchase order number is stated in these in compliance with our order specifications. The supplier shall be responsible for all consequences arising from non‐compliance with this obligation unless he is able to demonstrate that such act arose from circumstances beyond his sphere of influence. It must be ensured that all statutory billing details which give entitlement to deduction of tax are shown in the invoice.
4. We shall pay, in the absence of any agreement to the contrary – and on condition of defectfree and complete deliveries – invoices received by the 15th of the month on the 20th of the month and invoices received by the 31st of the month on the 5th of the following month, in each case with a deduction of 3% discount ‐ or net if paid within 30 days. Payment periods commence upon postal receipt by us.
5. We are fully entitled to all statutory offsetting and retaining rights. We are authorized to assign all claims arising from the purchase agreement without the supplier's consent. The supplier is not authorized to assign claims from the contractual relation to third parties without our prior written consent.