Terms and Conditions
General Terms and Conditions
The general
terms and conditions mentioned below shall be Applicable to all purchase/service
orders accepted by the Company.
1.
Orders
1.1.
Customer shall place
orders for Products and/or services by written or electronic purchase order.
1.2.
The
Company shall confirm reception of any such order within seven (7) working days
from receipt of such
order. The Company's acceptance of an order shall form a contract of sale
between the Company and the Customer on the terms of such acceptance and of
this General Terms and Conditions.
1.3.
Customer purchase orders become non-cancelable upon acceptance by the Company, and all sales of products or services
by the Company are final, non-returnable, and non-refundable.
2.
Prices
Prices in the order for the Products
are quoted Ex-Works, the Company's factory, Rosh HaAyin, Israel.
3.
Delivery
3.1.
The
time of delivery stated in the order confirmation is approximate. The
Company shall inform the Customer of any delay as soon as it is known to the
Company. Any delay postpones the time of delivery proportionately. The Company
is only responsible for a delay due to gross negligence by the Company. Customer
is not entitled to cancel an order if it's not due to gross negligence by the
Company.
3.2.
All
purchased products shall be delivered in accordance with the delivery schedule
defined in the relevant order, Ex-Works (INCOTERMS 2010) at the
Company's factory, Rosh HaAyin, Israel.
3.3.
Per
customer request and subject to MTI prior approval, MTI may ship the products
using CIF terms, which does not include any taxes, customs charges and ground
delivery at country of destination.
4.
Terms of payment
4.1.
Payment
is considered received in due time when received in the Company’s bank
account, according to the schedule of payments as specified in the order.
4.2.
In
case of delayed payment, the Company will charge Customer with interest on the
amount due with 2 per cent per commenced month as from the date of maturity.
4.3.
Bank
charges from Customer’s bank or corresponding bank are to be paid by Customer.
Bank charges from the Company’s bank are paid by the Company.
4.4.
In
case the Customer fails to pay the goods/services in due time or if after
entering into the agreement he goes bankrupt, goes into liquidation, seeks a
compulsory composition with his creditors, or by distress proves unable to pay
his debts, suspends his payments or his financial circumstances prove to be of
such a nature that it must be supposed that he will not be able to pay the
purchase price when it falls due, the Company is entitled to cancel the order
with immediate effect and to claim compensation from the Customer for any loss
caused by this breach of agreement.
5.
Defects and claims
5.1.
Products shall be free from defects in material and/or
workmanship. The products will be sold
subject to 12 month Warranty (the "Warranty" and the "Warranty
period") [for the terms of warranty press here].
5.2.
If
the products or parts of the products delivered prove defective, the Company
undertakes to remedy the defect or to replace the products by products of
satisfactory quality within a reasonable time. Limited warranty shall be
granted until the end of the original warranty period.
5.3.
Liability under the Warranty is expressly limited to
the Company, at its option, repairing or replacing any product returned to the
Company's factory for that purpose
5.4.
If the
Company offers to remedy defects or replace the products, Customer is not
entitled to cancel the order or demand compensation. All claims must be
submitted immediately in writing to the Company when a defect is discovered,
however, at the latest 14 days after delivery. Products cannot be shipped back
to MTI without getting RMA # from MTI's representative. The returned products
shall be properly packed against normal transportation and handling scenarios.
5.5.
In case of defective products, customer shall
bear the shipping and handling cost for transporting the products to MTI
facility. In case MTI defined that the product is non-defective or with a
defect not caused at/by MTI, the shipping and handling cost back to the
customer will be borne by the customer.
6.
Limitation on Liability
In no event
shall the Company reimburse Customer for any expenses, nor will the Company be
liable to Customer or any third party for any direct, indirect, incidental,
punitive or consequential damages, of any kind whatsoever, or damages for loss
of profits or revenues, whether incurred by Customer or by any third party, in
connection with the Company's products and/or services. In any event the
Company‘s maximum liability shall be limited to the relevant order price
actually paid by Customer to the Company.
7.
Force Majeure
7.1.
The
following circumstances shall be considered cases of relief and prevent or
delay delivery of the products and/or services: war and mobilization, civil unrest,
catastrophes of nature, strikes and lock-outs, failing supplies of raw
materials and water, fires, damages to the Company’s production plant or to the
production plant of the Company’s suppliers, failing transport possibilities,
currency restrictions, import/export restrictions, or other events on which the
Company bears no influence.
7.2.
Under
the above mentioned circumstances the Company shall have the choice between
cancelling the order or part of the order or delivering the products/services
ordered as soon as the hindrance to contractual delivery has come to an end. The
Company shall not be responsibility for any loss sustained by Customer as a
consequence of failing delivery due to the above mentioned circumstances.
8.
Ownership reservation
The
Company reserves the title to the products sold until the purchase price
together with any interest according to article _ has been paid in full.
9.
No set off
Customer
shall not withhold payment and/or set off amounts due to the Company against
any amounts due and unpaid by the Company and/or any other claims of the Customer
against the Company.
10.
Venue and choice of law
Any
legal dispute in connection with this General Terms and Conditions and in
regard to any order, shall be settled according to Israeli law. The competent
court in the city Tel – Aviv, Israel is agreed as an exclusive venue for possible
legal disputes between the Company and Customer, unless the Company chooses to
bring the case before Customer’s venue.
11.
Entire Agreement.
These
General Terms and Conditions together with the terms of an acceptance of each
order, contain the complete and exclusive statement of the terms of agreement
of the parties with respect to the subject matter thereof and supersedes all any
other terms and all prior understandings, representations and warranties,
whether written or oral, unless if specific agreement was signed with a
Customer stating that the agreement supersedes this General Terms and
Conditions.