1. General
§1.1. Supplier offers mechanical production services according to the terms and conditions stipulated in this document.
§1.2. The customer acknowledges that any product delivered by MECHteam is of custom design and, therefore, cannot be returned for credit. Returns are only possible when the product does not meet the guarantees specified under point §6 and when the procedure to communicate this is followed as described under point §7 hereafter.
§1.3. The customer agrees to order under the conditions as detailed in this document (MECHtean Terms of Sales). By placing an order, the customer confirms that they accept the MECHteam Terms of Sale, including the provision that the supplier’s liability is limited to replacing damaged or incorrect products.
§1.4. Inquiries submitted through the online web form are considered a request from the customer to the supplier to carry out a service.
The supplier has the right to refuse any request/order. The supplier can refuse an order for any reason, such as the customer’s credit history, non-compliance with the supplier’s technical specifications, lack of preparation or production capacity, or any other reason.
The supplier can limit or deny access to their services at any time. Any partial or full limitation of access or failure of part or all of the website’s functionality will not render the supplier liable to pay compensation of any kind.
§1.5. During the engineering phase, following the order input, the customer can change or cancel his order. Once the engineering is completed, the order can no longer be changed or cancelled. The order will follow the standard production process and be sent and invoiced according to the order terms.
§1.6. The supplier will promptly email the customer at the designated email address with information about any anomalies in the orders. The customer is responsible for reading the emails and responding as necessary or consulting the relative information on the website.
2. Price
§2.1. The price quoted will only be binding upon the issue of an order confirmation and the submitted documentation files have been checked and accepted. The supplier reserves the right to change the price or cancel the order if the documentation submitted does not comply with the data entered in the order input screen.
3. Copyright
§3.1. In so far as the product to be delivered is produced based on data provided by the customer, the customer declares that they own all the necessary rights (ownership, copyright, etc.) on the data provided, the product, appliance, part or layout on which work is being carried out on their behalf. The customer will indemnify the supplier against any loss or damage due to wrongful reproduction.
4. Military use
§4.1. Controls cover exporting any goods, software or technology designed or modified for military use. If your product is for a military application, we will be unable to process it. For further information on military export controls, please contact your Export Control Authority.
§4.2. Export controls apply to a range of Dual-Use items (items designed for commercial use but can then be used by Commercial or military end users). The supplier cannot produce any product if it is described on the Dual Use Lists. The customer declares that the goods ordered do not fall under export control limitations as described in §4.1. and §4.2.
5. Delivery
§5.1. Where the customer has arranged for the goods to be collected, these will be duly handed over to a person declaring himself to represent the ordering company or user. No liability will be accepted if the goods are transferred to a third party who should not have received the goods.
§5.2. Courier delivery (or any delivery mode to the customer’s premises or another delivery address specified by the customer) will occur at the customer’s expense. This cost is charged on each delivery. Packaging charges will be kept to a minimum. The customer is responsible for ensuring that the delivery address provided is both correct and complete. Any additional transport costs resulting from incorrect address details will be charged to the customer.
§5.3. Unless otherwise specified by the customer, the supplier employs courier services to which the standard CMR regulations apply concerning insurance and transporter”s liability. (CMR convention 1956)
§5.4. The quoted delivery time is to be considered as an indication only and not of the essence of the contract. In the event of any delay in delivery, the customer shall have no right to compensation or to cancel the order. If the product is delayed in leaving the suppliers premises (other than for Force majeure), then any additional cost and/or charges may be waived and the price of the product may also be recalculated to reflect the actual shipment date.
§5.5. For technical reasons, the supplier reserves the right to underdeliver an order. This will not constitute grounds for complaint, compensation, cancelation of the order or for refusal of the delivered product. If the under-delivery is less than 10% of the ordered quantity the supplier will not be obliged to deliver the remaining amount, and the order will be considered completed. Only the quantity supplied will be invoiced to the customer.
§5.6. The selected Lead time/shipment schedule for an order only starts:
- Upon receipt of the correct data to manufacture the product correctly.
- Upon receipt of all required material from the customer or third-party suppliers when materials not in stock with the supplier are used.
- The Data is checked and approved by MECHteam
- An order confirmation has been issued by MECHteam
6. Guarantee
§6.1. The supplier guarantees that all delivered goods will comply with the technical specifications published on the supplier’s website for the chosen service except, in so far as any such non-compliance arises from the data supplied by the customer. The supplier’s guarantee applies to any defective products provided that the defect is notified to the supplier in writing promptly and has been evaluated by both parties and provided the products are immediately returned to the supplier’s factories at the customer’s expense under the provisions of §7.1. The supplier’s guarantee is strictly limited to replacing the delivered goods under the same delivery conditions as the original order. Under no circumstances will the supplier be liable for compensation, consequential loss or damages.
§6.2. The supplier accepts no liability for shrinkage or warping of materials caused by the design. For defects that occur after delivery through outside influences, i.e. fair wear and tear, responsibility will only be accepted where these defects were caused directly by manufacturing quality issues. In the event of goods being rejected due to material or labour faults, they will be replaced at no extra, subject to the provisions of §7.1.
§6.3. The supplier’s guarantee applies only to the original purchaser of the goods. If the goods are sold to a third party, whether further processed or not, only the guarantee of the re-seller shall apply.
§6.4. The data delivered by the customer shall comply with the rules in technical specifications published on the supplier’s website. The customer must check that all data, CAD files or other information is supplied to ensure they are complete and correct. The product will always be manufactured at the customer’s risk. There will be no liability to the supplier for incorrect products if the data supplied by the customer is followed by production. The fact that the customer chooses to have his files checked by the supplier does not relieve him from the responsibility of supplying correct data. The production services do not warrant that all errors and inaccuracies in the customer documentation are detected before production is started. The supplier’s liability is limited to the performance of industry-standard checks to confirm the manufacturability of the boards or stencils following the technical specifications of the relevant service as published on the supplier’s website.
§6.5. Upon receiving a complaint, the supplier has the right to correct any damage, offer a replacement or credit all or part of the original purchase price. Further claims will not be accepted. Replacement goods will be delivered under the same conditions as the original order. The supplier will not accept complaints where goods have been altered in any way unless permission to do so has been given in writing.
7. Complaints
§7.1. Any complaints about unwanted, damaged, missing or incorrect goods will only be accepted if submitted in writing immediately on, or at the latest eight days after, receipt of the ordered goods. The supplier cannot be held liable in case of any repairs by the customer or any third party, or in case of any form of manipulation which may prevent the cause of any possible defect from being established, or in case the products are being or have been treated or processed with any product whatsoever, of any nature or for any purpose whatsoever. Any returns shall be sent to the supplier’s address, free of charge and at the customer’s responsibility.
8. Transfer of property
§8.1. Notwithstanding the transfer of risk when the goods leave the supplier’s premises, the property of the goods shall not pass until payment in full has been received.
§8.2. Advance or down payments received will not transfer the risk for or pass the components’ property to the customer.
9. Payment
§9.1. Unless payment conditions are set to “prepayment”, orders will be invoiced upon shipment. Invoices are payable according to the payment conditions stated on the invoice. The maximum allowed payment term is 30 days from the invoice date. (According to the proposed uniform EU payment terms). If the payment conditions are “prepayment”, a pro forma invoice will be created and sent to the customer after processing the data. The production will only start when the prepayment is received.
10. Confidentiality
§10.1. Supplier and customer will keep confidential all information they receive about the other party, not in the public domain. Each party agrees that their confidentiality obligation will persist even if this contract is terminated.
§10.2. To comply with legal and contractual obligations and in exception to §10.1, the supplier will, on the request of any of its suppliers (distributors and manufacturers), provide end-user information on the products that they delivered and which are used by the supplier during its manufacturing activities. The information will be transferred under the protection of a Non-Disclosure Agreement between the supplier and its suppliers. It will contain the following: Part Numbers, Quantity, Customer name (company name), Postal Code, and Country.
11. Validity
§11.1. The conditions shall be binding under the governing laws of the supplier’s country. Should any provision of these conditions be unenforceable, the validity of the remainder of the conditions shall not be affected.
§11.2. The conditions are valid for all quotations and offers requested and all orders placed by the customer, whether through the supplier’s website or any other means.
§11.3 . Hyperlinks taken up in these conditions between brackets are not part of the conditions and are provided for information only.
