MP SERVICEnter. GENERAL TERMS & CONDITIONS OF SALE
1. SCOPE OF APPLICATION
1.1 The present General Conditions of Sale will be to all contractual relations between MAC PUAR SA (hereinafter MP) and purchasers of its products. Conditions proposed by the purchaser in the order or in any other document will only be understood to have been included in the contract when they have been expressly accepted by MP in writing.
2. OFFER / ORDER AND ACCEPTANCE
2.1 Unless stated otherwise in the offer, MP offers will remain valid for a period of 90 calendar days as of the date of issue. Without prejudice to the foregoing, MP may revoke its offers at any time before receiving the acceptance of the purchaser.
2.2 If the Purchaser places an order, MP will confirm the order by issuing an order confirmation. The agreement will only be considered binding from the time MP issues the order confirmation.
2.3 In any case, the buyer will be able to cancel the order after the confirmation of order by MP. If it is cancelled after this time, MP will issue an invoice for the costs incurred up to that point and the purchaser is bound to pay.
2.4 MP reserves the right to cancel the order or demand payment in cash if circumstances arise after the agreement is signed which cause concerns about non-payment.
2.5. - MP does not guarantee the exactness of the images, drawings, technical specifications, weights, electrical data presented in MP SERVICEnter.
3.1 The products supplied by MP have passed quality controls according to our internal procedures, which are at disposal of the Purchaser and meet the requirements of the regulations in force.
3.2 Any lift safety part is accompanied by its CE Declaration of Conformity and installation manual.
3.3 At the time the Purchaser places the order, it knows the features, quality and technical specifications of MP products.
3.4 MP has the right to modify its products without prior warning. Any modification will be carried out to ensure that the new product and the product it replaces are interchangeable.
3.5 The standard packing is including in the price unless specified to the contrary. For special packing inquire within firstname.lastname@example.org. The packing is not refundable.
4.1 Products are covered by a 2-year guarantee as of the invoice date. MP is not responsible for wear and tear resulting from normal usage of the products. In the case of faulty parts, MP will pay to send the spare parts through regular channels.
4.2 Repairs are guaranteed against any defect in the components repaired for a 6-month period.
4.3 Goods not manufactured by MP are covered by the manufacturer's guarantee.
4.4 MP will supply spare parts during a minimum period of five years after the lift range affected have been made obsolete
4.5 Products damaged by inappropriate handling, assembly, storage or usage and those that have undergone some modification which was not carried out with the express authorisation of MP will not be under guarantee.
5.1 The prices indicated in MP SERVICEnter are not binding. Prices are expressed in Euros and are EX WORKS prices. Prices do not include VAT or other applicable taxes.
5,2 MP reserves the right to modify at any time the prices indicated in MP SERVICEnter.
5.3 The minimum value of purchase (V.A.T. excluded) is of 30 €. If the amount of the order does not reach the minimum value of purchase, MP is authorized to execute the order invoicing the difference as management fees.
6.1 MP's delivery timeframes are available on the website, however the delivery date may be delayed in the event that the Purchaser does not fulfil its contractual obligations, particularly if there is a delay in payment of invoices, delays in sending the order specifications or a request to modify the order when it is being processed.
6.2 The delivery timeframes are approximate and are not considered an essential condition, therefore under no circumstances may the Purchaser claim indemnity from MP for a delay in the delivery date.
6.3 The delivery conditions are in accordance with INCOTERMS 2010 and ICC 2010. Unless otherwise agreed, the sale is made under EX WORKS (EXW) delivery conditions from the MP warehouses.
6.4 The Purchaser has 30 days to collect the goods from the date it is made available. Once this period has expired, the purchaser will be invoiced for storage costs by MP, as reflected in the price list. In the event of non-payment of these storage costs during 90 days, MP reserves the right to use these goods to cover said non-payment, even where the price of the goods has been paid in full.
6.5 Once the goods have been consolidated in the logistics platform and the delivery time requested by the client has expired, MP will issue an invoice for the goods.
6.6. Any delay by the client in collecting the goods from the MP logistics platform will not under any circumstances entail changes to the form and deadline for payment of the invoices issued within the timeframe established in these General Conditions of Sale.
7. PRODUCT INCIDENTS
7.1 If the Purchaser finds a damaged, faulty, incorrect or incomplete product, it must submit a claim in writing to MP within 30 days from the date the goods were received. Otherwise MP will not assume responsibility for the incident.
7.2 The return of and/or incidents with goods must be approved by MP's post-sales service. Once approved, MP will replace, as soon as possible, incorrect, faulty or incomplete goods. If MP deems that the incident has a significant impact on the purchaser's assembly times, it agrees to postpone the expiry of the invoice, informing the purchaser of the new expiry date.
7.3 Once the incident has been accepted, the purchaser can propose repair or manufacture of similar goods by his own means, provided that he submits an estimation cost to MP and MP accepts it in advance.
7.4 MP will not assume any responsibility in the event of claims made for a product damaged during transport or any other incident attributable to the transportation company, unless the purchaser states the complaint in the delivery note when the goods are being unloaded. In the case of hidden defects that cannot be detected when receiving the goods, the Purchaser must notify MP of the defect in writing within 24 hours in the case of deliveries in Spain, or 7 days for deliveries abroad. Once these deadlines have expired, claims will be ineffective.
7.5 Under no circumstances will MP assume responsibility for damages caused by sending incomplete, incorrect or defective orders. Both claims from end clients as well as own labour or external labour costs needed to solve the incident are included in this item.
8.1 The means of payment is in advance, by either bank transfer or credit card.
8.2 The total amount must be transferred to the agreed MP account on the date the invoice expires. Failure to receive the invoice does not exempt the purchaser from non-payment.
8.3 Should there be delays in payment, the corresponding interest for delay will accrued on the amounts in accordance with the EURIBOR plus 8% with a minimum of 10% per annum.
8.4 Should there be delays in payment, MP will render the account of purchaser inactive, which will prevent orders being processed, as well as manufacturing or delivery of any type of goods.
9. RETENTION OF TITLE
9.1 The goods are MP property and MP retains ownership of them until the purchaser has paid for the goods in full. Until ownership is transferred to the purchaser, MP has the right to recover possession and control of the goods.
9.2 The distributor or, where applicable, the installer agrees to notify the owner (end user) of the existence of retention of title, as well as the repair credit rating in favour of MP and the amount of the same.
9.3 If the goods supplied have been incorporated into a new product, MP is the owner of that new product in a proportion matching the value of the unpaid goods until the goods originally supplied are paid for in full.
10. PATENTS AND BRANDS
10.1 MP has exclusive patents on its products and manufacturing processes and these conditions do not entail any harm to the rights over them.
10.2 If the purchaser wishes to use the distinctive MP logos, a request must be addressed to MP and MP must expressly grant it under whatever condition may be agreed upon.
11.1 Should one party fail to fulfil any of the obligations established in the contract, then the other party will have authorisation to legitimately terminate the contract, after informing the defaulting party of its decision in writing, without prejudice to claiming compensation for damages.
12. DATA PROCESSING AND TRANSFER
13.1 In the event of a legal dispute over any issue arising from this contract, the parties expressly shall submit to Spanish Jurisdiction and the Courts of Seville, waiving their own jurisdiction, in accordance with the regulation governing the jurisdiction of courts stated in EC Regulation 44/2001.
For all aspects that are not covered by these conditions, the parties shall submit to the provisions of the Spanish Civil Code, the Spanish Commercial Code and the Vienna Convention 1980 on the international sale of goods.
MAC PUAR S.A
Leonardo da Vinci 15