MMK Europe SRL - TERMS AND CONDITIONS (11.2023)

 

Any sales of products ("Products") shall be subject to the terms and conditions below in so far as they do not conflict with any other contractual provisions expressly agreed between Buyer and Seller (MMK Europe SRL).

All sales of MMK Europe SRL products shall be subject to these terms and conditions.

These terms and conditions may be changed, updated, altered or replaced at any time, with immediate effect and without notice.

PRICING 

All prices are subject to change without notice.

Prices invoiced will be those ruling at the date of shipment.

DELIVERY 

Products shall be delivered in accordance with the agreed Incoterm® 2020. Any delivery date mentioned in the order confirmation is for information only. If Seller cannot ship the Products or supply the Services due to an act or omission of the Buyer, all costs associated therewith (including storage) shall be charged to Buyer.

Buyer's failure to give notice to Seller of any claim within 10 days after the delivery of the Products or supply of the Services shall constitute an unqualified acceptance thereof. Buyer shall file a claim for loss of or transport damage to the Products against the carrier immediately upon delivery and notify Seller forthwith.

Seller is not responsible for transportation delays, losses, damages occurred during transportation storage or installation.

OWNERSHIP

All products delivered to the Buyer remain the property of the Seller until the Buyer has fully paid for the products, including price of the products as specified in this invoice.

TAXES AND DUTIES

Any taxes, duties, excises and other charges levied in connection with the sale of the products, or the supply of the Services shall be borne by Buyer, except for those taxes and duties, which are payable by Seller prior to the delivery of the Products pursuant to the agreed upon Incoterm or the supply of the Services.

If Buyer exports the Products, Seller may charge VAT, which will be credited only upon receipt of valid proof of arrival of the Products in the country of destination.

TERMS OF PAYMENT - INVOICE - DEFAULT

Seller shall invoice Buyer the price of the Products on a shipment per shipment basis.

The price shall be in the currency of Seller’s quotation or applicable price list.

Payment shall be made in advance before shipment unless otherwise stipulated in a written agreement between Buyer and Seller. 

The Seller reserves the right to charge a 7% per month interest charge on all unpaid invoices, calculated daily, from the date invoice is due until the date payment is received.

The Buyer will reimburse all costs (including legal fees) incurred in the collection of overdue amounts.

The Seller retains the right to cease supplying goods and services, even when under contract, to Buyers who do not meet payment terms. 

FORCE MAJEURE

Neither party shall be liable for default or delay in the performance of any of its obligations (except for any payment obligation) due to Acts of God, fires, explosions, strikes, riots, acts of terrorism, civil or international wars, invasions, refusal by governments to grant import or export licenses or the cancellation thereof, inability to obtain raw materials, components or parts due to Force Majeure, or a contingency of a supplier of goods and services, or any other event beyond the reasonable control of either party.

In case of Force Majeure, Seller shall allocate the available Products amongst its Buyers at its discretion.

RETURN OF GOODS

Goods cannot be returned without the prior written consent of the Seller.

Returned items must include the serial number and be correctly packed and in original condition.

TERMINATION – CANCELLATION

If Buyer cancels the order, Buyer shall pay Seller a compensation equal to 20% of the order amount, without prejudice to Seller’s right to seek reimbursement equal to its actual losses. Advances which have already been paid will accrue definitively to Seller to the extent of the compensation due.

WARRANTY

Products sold in new condition by Seller are subject solely to the warranty granted by their respective manufacturer for causes occurring prior to risk transfer. In case of dispute, Seller reserves the right call on the manufacturer’s warranty.