General Sales Terms and Conditions MT-GE

Acceptance: all offers and sales by MT-GE are subject to the present general terms and conditions, notwithstanding any other document or any indication to the contrary appearing in the buyer’s general terms and conditions of purchase, unless otherwise stipulated by MT-GE in an express, special and written manner. All orders imply the buyer’s unreserved acceptance of these conditions.

General : proposals, plans and advertising by MT-GE., in any form whatsoever, do not constitute a firm commitment. MT-GE reserves the right to make any technical modifications it deems appropriate, without being obliged to apply these modifications to equipment already delivered or in the process of being delivered.

Commercial proposals and offers: these are valid for a maximum of 30 days unless specifically agreed otherwise (in writing) between the parties.

Orders : all orders only become effective and definitive after written acceptance by the competent department of MT-GE. on receipt of an acknowledgement of receipt or definitive technical approval.

In order to avoid any delivery errors, we recommend that you ensure that your orders are correctly worded: references, designations, etc. If a delivery error occurs as a result of inaccuracy, MT-GE declines all responsibility. Goods are ordered for the customer and cannot be returned. No goods may be returned without the prior agreement of MT-GE, the cost of return being borne by the purchaser.

The choice and purchase of a product or service are the sole responsibility of the User. The total or partial impossibility of using the products, in particular due to incompatibility of equipment, may not give rise to any compensation, reimbursement or liability on the part of MT-GE except in the case of a proven hidden defect, non-conformity or defectiveness.

Any cancellation of an order after a period of 7 days will be subject to a cancellation penalty equivalent to 30% of the total amount including VAT of the order. In the case of an order for specific equipment, this cancellation penalty will be increased to 100% of the total amount including VAT.

Transport : our goods travel at the recipient’s risk, regardless of the mode of transport or the method of payment of the transport price (carriage paid or carriage forward). The forwarder indicated in this offer is only a recommendation of MT-GE, the responsibility of MT-GE ends with delivery in Factory or at the Forwarder in Europe (EU, European Union). The customer is free to change the Forwarder and both are responsible for the declaration of import or export with the

customs authorities in destination and origin country as well as in Europe /Asia / America . (1*)

Delivery time : delivery times are given as an indication only. Any delays do not give the buyer the right to cancel the sale, to refuse the goods or the service, or to claim damages. All cases of force majeure justify any cancellation, suspension or delay of orders by MT-GE.

In the event of collection at the customer’s initiative, the customer must collect the goods within a maximum period of 15 days from the date on which the goods are made available. After this period, MT-GE. reserves the right to charge storage fees.

Payment : i nvoices are payable at the registered office of MT-GE. , payment will be made on the due date, without discount. It i s expressly agreed t hat failure to pay for our goods on the due date will result in the immediate payment of all the remaining sums due, whatever the method of payment used, and the application, as a penalty clause, of compensation equal t o 15% of t he sums due. In accordance with law no. 92-1442 of 21/12/92, failure to pay will also result i n the application of late payment penalties at a r ate equal t o twice t he l egal i nterest r ate.

Retention of title clause : MT-GE retains ownership of the goods sold until full payment of the price in principal and incidental. Failure to pay on any of the due dates may result in the goods being reclaimed. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold as well as any damage they may cause.

Cancellation clause : in the event of a breach of any of these general terms and conditions or the special terms and conditions of sale or any other obligations relating to any order already concluded or which may be concluded subsequently, MT-GE will have the right to consider the present order cancelled automatically, as well as any order in progress, without compensation to be paid by MT-GE. and without prejudice to any damages to which it may be entitled.

Guarantee : the equipment sold is guaranteed against any material or manufacturing defect under the conditions below. The malfunction must appear within a period of 6 months from delivery for use of the equipment as defined in the order. The guarantee is excluded:

If the faulty material or design is the fault of the purchaser; if the faulty operation is the result of unauthorised intervention on the equipment; if the faulty operation is the result of normal wear and tear of the equipment or negligence or lack of maintenance on the part of the purchaser; if the faulty operation is the result of force majeure.

Under the terms of the warranty, MT-GE will replace free of charge any parts found to be defective by its technical services. The exchange of parts does not have the effect of extending the period specified in the first paragraph.

Election of domicile and jurisdiction : any dispute relating to the interpretation or execution of these terms and conditions shall be subject to the jurisdiction of the courts of Regnsburg / Germany