MP SERVICE CENTER.GENERAL CONDITIONS OF SALE.
1. SCOPE OF APPLICATION
1.1 The present General Conditions of Sale will be applied to the contractual relationships of this application Web 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 purchaser’s acceptance.
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 no case at all, the buyer will be able to annul 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 Service Center.
3. PRODUCTS
3.1 The products supplied by MP have passed quality controls according to our internal procedures, which are at the Purchaser’s diposal and meet the requirements of the regulations in force.
3.2 Every 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 advance notice. 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 if the contrary has been specified. For special packing consult repuestos@mpcorporacion.com. The packing is not refundable.
4. GUARANTEE
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 After the end of the contract period, MP agrees to supply spare parts for five years.
5. PRICES
5.1 The prices indicated in MP Service Center 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 Service Center.
5.3 The minimum value of purchase (without IVA) is of 20 €. If the amount of the order does not reach the minimum value of purchase, MP is authorized to execute the order invoicing the difference in management costs.
6. DELIVERY
6.1 Orders received in S.O.L (Stock On-Line) have confirmed their delivery in 24/48 hours, excepting vacation days and week ends. The maximum units available are the ones shown as stock on the Website.
The delivery times of the products shown in F.O.L (Factory Online) 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 consignment is at MP’s discretion and without guarantee that the more economic way of shipment is chosen. Carriage of the orders runs by account and risk of the buyer.
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. In case of return, we will invoice the shipment and packing costs supported by MP, plus 10€ of management costs. The electronic components (ex: boards) or the components that the operating status cannot be verified, without a deployment of technical means, are excluded from the return right.
7.3 Once the incident has been accepted, the purchaser can propose repair or manufacture of similar goods on its own behalf, as long as it presents a cost estimate 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 circumstamces 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. PAYMENT
8.1 The form of payment is bank transfer in advance.
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 accrue 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 disactivate the purchaser’s account, which will prevent orders being processed, manufacturing and sending any type of goods.
9. RETENTION OF TITLE
9.1 The goods are MP property and it retains ownership 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 procedures 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, it must make a request and MP must expressly grant it under whatever condition may be agreed upon.
11. TERMINATION
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
12.1 The Purchaser grants authorisation for its data to be incorporated into MP files, for it to be transferred to companies in the same Group, and to receive the information or data, belonging to the purchaser, which may be deemed appropriate; without prejudice to the right to access, cancel or rectify any information which it may be exercixe by writing to MP, Calle Leonardo Da Vinci 15, 41092 SEVILLA.
13. JURISDICTION
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
41092 Seville
SPAIN
A-41023607
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