Legal Basis
General Scope
Client or customer is defined as any legal entities or natural persons of unlimited liability with an age of 18 or above.
This general Trading Terms and Conditions apply exclusively, irrespective to any conflicting or deviating conditions unless MEC agrees and expressively acknowledges the validity of certain conditions in writing.
Offer and Contract
The contract between MEC and the client or customer is concluded at the declaration of acceptance (order confirmation) or the actual delivery of the ordered products or provision of the services by MEC.
If there are any variations on price offered or availability of the ordered products or services, MEC would inform the client or customer at due course and client or customer can confirm again with the lately agreed trade conditions, should the acceptance of the contract be still valid.
All the contracts and agreements have to be in written form; verbal collateral or assurance is not to be recognized.
Right of Withdrawal and Cancellation of Orders
Client or customer can withdraw the order and return the products within 14 natural days upon the arrival of the products, with no particular reasons. Please inform us at the earliest via email (mec@mec-mainland.com) should you wish to exercise the right of withdrawal or return of the products. Late notice after the deadline or expiry date (14 natural days) would not be entertained.
MEC would reimburse the client or customer for the total payment including the original delivery costs (excluding additional costs for delivery methods requested by the client or customer other than the standard delivery option offered by MEC) once the products are returned to MEC designated address. However, the direct cost of returning of the products is to be borne by the client or customer.
Insofar if the products have undergone a reduction in market value due to unnecessary checking or handling on conditions, properties or functionalities, the client or customer is obliged to compensate for the value or loss to MEC.
The right of withdrawal does not apply to customized products with tailor-made specifications, as well as contract for products which cannot be separated from the other product slots due to their nature.
Shipping Cost and Delivery Conditions
Most of the occasions we offer FOB Hong Kong. We can help source cost effective shipping methods from Hong Kong to the port of destination on client or customer request, and the actual cost of delivery and insurance (if applicable) will be charged to the client or customer, with all the possible tax, customs duty or levy incurred.
The client or customer would be the importer / sender of the products and bear all the legal liability, responsibility or risks resulting from the shipment. As the delivery services are offered by third party logistics partners, MEC shall not be held responsible for any damages or delivery mistakes or misconducts.
MEC shall have the right to extend the delivery date by up to 30 natural days, upon the initial agreed delivery date. Only after the elapse of this period may the client or customer withdraw from the contract.
You should inform MEC in writing of obvious defects immediately upon the arrival of the delivered items. If we do not hear from you within 6 days upon your receive of the products, it would be deemed as quality approved and order completed.
Acceptance Delay
MEC is entitled to keep the delivered items with a forwarder or a warehouse keeper at the risk and expense of the client or customer during the period of acceptance pending.
For the duration of acceptance delay, the client or customer has to pay to MEC a lump sum of 10% of the purchased price per month, as compensation for the storage and handling, and no proof is needed for that.
If the client or customer refuses to accept the delivered items after the expiry of a grace period or declares that the delivered items would not be taken, MEC can withdraw from the contract and claim damages for non-performance from the client or customer.
Warranty
MEC offers warranty of 12 months to B2C client or customer and 24 months for B2B, which begins with the delivery date. Warranty only applies to direct client or customer of MEC and is not assignable.
Insignificant deviations from colour, dimensions or quality and performance characteristics do not give rise to any warranty rights.
Insignificant defect which does not affect the functionality or fitness for ordinary use, or which does not reduce the value of the products, would be deemed as acceptable and would not be taken into consideration.
The warranty will be voided if the client or customer does not follow the operating or maintenance instructions, or if the products have been altered by a non-authorized technician or replaced with non-original parts. This also applies insofar if the defect is due to improper use, storage or handling, or unauthorized dismantling of the devices.
Warranty claims also do not apply to wear parts or normal wear.
Client or customer should inform MEC via email (mec@mec-mainland.com) at the earliest for claims for defects. MEC would then instruct the return of the products to the designated address at client or customer own expense. Should the products be found working properly during the checking or examination, client or customer may need to bear the checking or handling fees incurred.
For defective products, we shall, at our choice, provide warranty by replacement of the defected parts or by exchange with another device which has passed MEC quality check.
Client or customer may request a reduction of the purchased price at his discretion if the defects cannot be fixed within a reasonable period of time or if the replacement is also found defective.
Limitation of Liability
For damages causes by non-observance of the operating instructions, inappropriate start up or handling as well as dismantling, reconstructions or modifications of the product, the warranty claim expires and MEC assumes no liability for consequential damages to any properties or person in connection with or arising from the purchase and use of the products.
All and any regress claims raised against MEC by the client or customer based on product liability are expressively excluded, unless the claimant can prove that the defect was caused in the sphere of responsibility of MEC and at least by gross negligence on the side of MEC; and the time limitation for such claims is 12 months from the date of product arrival at the client or customer side.
Insofar, MEC is excluded from the liability for damages or only bears limited liability; this also applies to personal liability for damages of our employees. In particular, MEC is not liable for non-specific product-related information or tips which are offered free of charge in whatsoever channels. However, the extent of liability of MEC under the product liability act remains unaffected.
User Obligation
Before transportation of the products or before the installation of computer software, the client or customer shall be obligated to adequately back-up all the current data, otherwise the client or customer shall be held responsible for any loss of data associated therewith.
The client or customer assumes the full risk for the preserved products, especially for destruction, functionality or deterioration.
Disclaimer and Important Notes
In case of discrepancies between versions in different languages, the English version shall apply and prevail.
We reserve the right to amend, change, modify, add to or delete this Trading Terms and Conditions from time to time in any manners and for any reasons. Such amendments, changes, modifications, additions or deletions shall be effective immediately upon posting, unless otherwise indicated.
For any questions regarding the Trading Terms and Conditions of the Company, please feel free to contact us.
Additional Trading Terms and Conditions – B2B Specific
The following section forms additional notes for B2B trading between MEC and the client or customer in particular. The aforesaid content and the following additional B2B terms apply unless otherwise stated in a specific contract.
Product Packaging
The quoted price applies in most of the occasions to commercial packaging only. Should individual or special packaging (e.g. sea-worthy packaging) be needed, please inform us in advance and extra charge may be applied.
Collectively Agreed Regulations
If the labour costs rise in between the conclusion of contract and delivery because of collectively agreed regulations for the industrial sector / work council agreement, MEC is allowed to adjust the final selling prices to the client or customer. MEC is also allowed to adjust prices, if the costs of production are changing due to changes on costs for materials, transportation, outsourced activities, etc.
Term of Payment and Default Interest Rates
Payment is due after 14 natural days of the issuance of the invoice unless an objection is being raised. If we do not hear from you within 14 natural days upon the issuance of the invoice, it shall be deemed as agreed and accepted; and payment should be settled on or before due date.
In case of agreed partial payment scheme, any delay of settlement of any one of the installments would lead to immediate due for all further installments involved.
Client or customer is not entitled to withhold any payments on account of claims under the scheme of warranty or compensations of any kind.
In case of default payment, MEC is entitled at our option to demand compound interests at the statutory rate from the date of delivery of the products, or to demand compensation for non-performance.
Overdue Fines and Expenses on Payment Collection
In case of default payment, client or customer has to pay overdue fined plug postage for each reminder issued and every six months an amount for maintaining evidence of the contractual obligations in the debt collection process. In addition, the costs resulted from the debt collection agency to be inversed up to the maximum collection fee specified in the respective ordinance and the costs of lawyers in accordance with the Lawyers’ Fees Act.
Reservation of Title and Enforcement
Till the full payment for the purchased products or services is settled, all concerned products or services would remain as the sole and unrestricted property of MEC. Client or customer agrees to this reservation of title term.
MEC is entitled to demand to return of the products, which are MEC’s property and to pick them up. Assertion of these rights for MEC shall not be held to have withdrawn from the contract, unless such withdrawal has been explicitly declared. In the course of arranging the return of the products, MEC is entitled to invoice eventual expenses for transport and manipulation, in addition to other payments to be collected by the Company.
MEC is the co-owner of any products designed by the Company unless otherwise stated. The client or customer may neither pledge products that are subjects to proprietary right nor offer them exclusively to others. For any distrains or demands raised by third parties, the client or customer is entitled to claim MEC’s reservations of title and to inform MEC immediately.
Assignment of Claims
In the event of delivery under reservation of ownership, the client or customer shall now assign its claim against third parties to MEC for payment, insofar as these arise through the sale or processing of MEC’s goods until final payment is settled.
The client or customer must name his buyer to MEC on request and notify the buyer of the assignment. The assignment shall be entered in the business accounts, in particular in a list of open items, and must be clearly visible to the buyer on delivery notes, invoices, etc. If the client or customer is in arrears with its payments to MEC, sales payment received shall be kept separate and the client or customer shall possess this solely in MEC’s name. Under such case, any claims against an insurer shall have already been assigned to MEC.
Claims against MEC cannot be assigned without our explicit consent.
Withdrawal from Contract
Besides the general regulations as defined by the juridical laws, MEC is entitled to withdraw from contract in case of acceptance delay or other important reasons such as the initiation of bankruptcy process for the parties involved or the state of the lack of cost-covering asset. In the event of rescinded contract by the fault of the client or customer, MEC has the option of seeking liquidated damages of 35% of the gross invoice for compensation of incidental damages.
If the client or customer is on default payment, MEC is released from any other performance, duties or delivery obligations and entitled to withhold any outstanding deliveries or services as well to demand payments in advance or to withdraw from the contract after setting a reasonable extended time limit.
The pre-condition for the client or customer to withdraw from the agreement is the delay in supply caused by gross negligence on the part of MEC and only after a reasonable period of grace has elapsed.
If the client or customer withdraws from the contract without just cause and demands its cancellation, MEC shall have the right to choose between insisting on performance of the contract or cancellation of the contract; in the letter case the client or customer shall be obliged at MEC’s discretion to pay either a fixed rate of 20% of the gross invoice amount for damages or the full compensation for the actual loss incurred.
Compensation
Any offset with counterclaims against our claims, irrespective of its types, is excluded.
Confidentiality
Client or customer is obliged to keep confidential of all the commercial or technical details disclosed in the contract or in the course of working projects. We reserve the rights to claim for compensation should there be damages to MEC on any business senses.
END.
May 2020.
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