For our current prices, visit www.mpi-pumps.com or scan the QR code 10 01. General. These general terms and conditions shall apply to all quotations and agreements entered into, proposed or accepted by Mooris Pumps & Irrigation BV, having its registered office at Hoge Mauw 1070, 2370 Arendonk, Belgium, registered with the CBE under the number 0464.371.167 (legal entities register Antwerpen Turnhout division), hereinafter the “Company”. The Company does not accept any other general terms and conditions, even if it has not expressly so notified upon receipt thereof. 02. Information. The information made available by the Company about its products and/or services through general channels such as brochures, catalogues, leaflets, photos, social media, website, price lists, drawings accompanying quotations, etc. is for illustrative purposes only and is not binding. Only by information which the Company accurately endorses in the agreement and to which the CE-marking applies is it bound. The customer confirms, prior to entering into this agreement, to be sufficiently informed about the product specifications and/or the content of the service. A quotation, order confirmation or delivery agreement drawn up by the Company is always based on the information received from the customer. Only the customer is therefore responsible for incomplete or incorrect information and any costs or price adjustments resulting therefrom. 03. Email. The customer accepts to be communicated with via the email address provided by him. 04. Quotations-orders. Quotations must be accepted in writing by the customer within eight (8) business days. During this period, the Company may still cancel or change a quotation. Delivery times are always approximate. Quotations are always drawn up in euro and refer only to net prices, excluding taxes of any kind, carriage or transport costs, packaging and assembly costs, storage costs, and/or any other costs. The Company is entitled to pass on the handling and transport costs it is charged to the customer. Once a quotation is accepted by the customer, it cannot be cancelled or changed. If the customer cancels an order, the customer shall fully indemnify the Company for all costs and damages caused by this, in the broadest sense. For custom-made goods, the full price must be paid; for generic goods, all costs incurred shall be charged but also a loss of margin estimated at a flat rate of 30% of the total price included in the quotation. 05. Price adjustments. After the conclusion of the agreement, the Company may adjust prices in the event of demonstrable increases of at least 5% in each or any of the following costs: call-out costs, placement costs, exchange costs, return costs, administrative costs, levies, raw material and/or energy prices, packaging costs and, in general, all costs charged to the Company by third parties. It will notify the customer of these in advance. The Customer shall be bound by this. 06. Delivery. Unless otherwise agreed, the goods shall be delivered Ex Works (Incoterms 2020) within the European Union. Outside the European Union, there shall be delivered FCA (Incoterms 2020). Partial deliveries shall always be allowed. Transport is always carried out at the customer’s risk, even when the Company provides transport. The customer shall compensate the Company for costs it incurs due to its inability to deliver at the agreed or indicated time and/or place with a minimum of EUR 500 (excluding VAT). If the customer has an attributable delay of more than three (3) months with respect to the final performance period, the Company shall be entitled to invoice all performance already rendered and the Company reserves the right to reassess the agreement. 07. Quality of goods/services supplied. The Company guarantees that the goods delivered are in accordance with the specifications as agreed upon and that the goods are suitable for their expected use, taking into account their normal life and taking into account the instructions for use and maintenance. For colour deviations not exceeding colour shades, which are at the Company’s discretion, the Company accepts no liability. This shall not entitle the customer to refuse delivery. In special cases, the Company reserves the right to change the design and, if there is a shortage of raw materials, to use other materials, unless the customer objects by motivated written notification to the Company. In case of a proven and timely reported defect in the product and/or incorrect service, the Company’s liability shall always be limited to replacement of the defective product and/or - in case of service - at most to the invoice amount of the relevant service. In case this clause would be found invalid, the compensation is expressly limited to the amount paid out by the insurance company in the relevant case plus the Company’s deductible. Under no circumstances may the customer claim additional damages (except in the event of fraud and/or intentional gross negligence). In case of replacement of a product, the Company may take back the replaced product and it becomes its property. 08. Acceptance of goods delivered. The customer should check the goods received and inform the Company of any visible defects at the latest within twenty-four (24) hours after delivery. As part of this inspection, the customer is expected to carefully handle the packaging material and/ or surface protection films, the instructions and CE-safety condition of the delivered good. Hidden defects must be reported to the Company no later than one (1) week after the time when they should reasonably have been discovered. The Company is entitled to have the defects checked by its own personnel. In the absence of timely notification, visible and/or hidden defects shall be deemed accepted. 09. Return shipments. If the Company agrees to return the goods, the following shall apply in any case: ʺ In case of return of goods whose delivery date was more than two (2) weeks ago, 10% of the original invoice amount will be retained. ʺ Fully or partially processed goods, damaged goods and packaged goods, whose packaging is missing or damaged, and whose delivery date is more than two (2) months ago, cannot be returned. If the customer chooses to have the Company handle the transport, the transport costs will be charged to the customer. In case the Company is responsible for a wrong delivery, the Company will pay the transport costs. In case the goods are not ready for collection at the agreed time, the transport costs incurred will be charged to the customer. 10. Proper use of the products. The customer shall use and maintain the products supplied in accordance with their intended use. The products through which the Company provides services (being repair, installation, replacement of the products or other) may not be repaired or disassembled or altered by anyone other than the Company. 11. Transfer of ownership and risk. Ownership of delivered goods is transferred only upon full payment. Risk passes to the customer upon delivery. If shipment is delayed due to unforeseen circumstances beyond the Company’s control, the risk shall pass to the customer upon notification of readiness for shipment. The customer shall be obliged to make known to third parties that the goods belong to the Company as long as they have not been paid for in full. Furthermore, the customer shall not pledge, transfer ownership of or grant any other right to the goods to third parties as long as ownership has not passed to the customer. The Company undertakes to repair or replace the delivered goods or parts thereof at its discretion before the risk passes. 12. Payments. The Company’s invoices are payable after invoice date to the account specified by the Company, this in cash, unless otherwise stipulated in the quotation and/or order confirmation. In case of partial shipments, the Company shall be entitled to invoice these partial shipments separately. Invoices shall be deemed accepted, unless disputed within seven (7) business days of their dispatch. In the event of late payment, interest calculated in accordance with the Act on Combating Late Payment in Commercial Transactions of 2 August 2002, as amended from time to time, as well as liquidated damages in the amount of 10% of the invoice amount, with a minimum of EUR 100, shall be payable from the due date of the invoice, without prior notice of default being required. By late payment of one invoice, the customer loses the benefit of the deferred payment of other invoices, which shall become due immediately. Partial payments are not allowed. Only in case of timely dispute of an invoice, the customer is entitled to suspend payment of the MOORIS PUMPS & IRRIGATION BV GENERAL TERMS AND CONDITIONS
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