General terms and conditions of Mtronic Solutions website FOR COMPANIES
Terms and conditions of MTRONIC Solutions SIA
All sales transactions and deliveries to consumers are subject to the Consumer Rights Protection Law in force in the Republic of Latvia and other legal acts that regulate contractual relations with consumers.
All sales and deliveries to legal entities are subject to the following conditions, unless otherwise agreed in writing.
1. Our offers can change. The contracts take effect only after we have confirmed the order. Technical data, illustrations, drawings, weight and dimensions shall be binding only if written approval is made. We reserve the right to make design changes. The information in the brochures and instructions for use shall not be considered to be a guaranteed confirmation of the characteristics of the product. The customer is responsible for verifying the usability of the purchased goods for his or her specific usage needs. Drawings, technical specifications and other documents attached to the tender shall be subject to our ownership and copyright, and shall not be made available to third parties by the client.
2. The delivery is started with the receipt of purchase confirmation documents from the customer and the receipt of the contractual contribution to the Mtronic Solutions SIA bank account. Delivery time is determined at the time of order confirmation. Changes in delivery times are notified in writing.
3. We are entitled to partial deliveries. Each partial delivery can be invoiced separately.
4. Force majeure, operational ruptures, strikes or other obstacles for which we or our suppliers are not responsible shall release us of the obligation to deliver the goods for the entire duration of the disruption and its consequences.
5. For the supply of goods, we choose the safest and most cost-effective solution at our discretion. Delivery conditions – FCA.
6. The risk passes to the customer as soon as the goods are transferred to the transport company undertaking or have been made available to the customer for receipt. If the shipment is delayed due to the circumstances for which the customer is responsible, the risk shall be transferred to the customer at the time when the goods are declared ready for shipment. In this case, the goods are stored at the customer’s expense. In addition, we calculate and display to the customer an invoice of at least 0.5% of the amount of the purchase invoice for each month of storage.
7. Commodity prices do not include delivery costs and value added tax.
8. We assume that customer payments have been made only to the extent they have been received in our bank account. We accept payment only through a bank transfer, the bank commission is covered by the customer. In the event of a delay in payment, a fine of 0.5% per day of the unpaid invoice amount shall be applied to the customer. Where there are reasonable doubts as to the solvency of the customer or if bankruptcy or settlement proceedings are initiated in respect of his assets, we shall be entitled, at our discretion, to lodge a claim or to require an advance payment or security. The customer can only offset our claims with uncontested or legally identified counterclaims. The client does not have the right to delay payment or only partially pay the invoice if he or she has complaints about our goods.
9. We retain ownership of the shipped goods until the customer has paid all invoices related to their purchase in full.
10. Defects in the delivered goods must be reported to us in writing at the latest 14 days after receipt of the goods, and in the case of hidden defects immediately after discovery. If this period is exceeded, all claims for defects expire. The limitation period for claims for defects is 12 months from delivery. In the event of justified complaints, we will repair the goods or deliver a replacement at our discretion. If this does not take place within a reasonable period of time, if the replacement delivery has errors or if the rectification fails, the customer can return the goods or request a price reduction.
11. Claims for damages of any kind against us only arise if guaranteed properties are missing, essential contractual obligations are violated or damage has been caused intentionally or through gross negligence by us or our agents. Our liability is limited to the foreseeable damage as a result of the error. Otherwise claims for damages are excluded. If the customer withdraws from the order for no reason or if he does not fulfill the contract, we can claim 25% of the order amount as compensation. The right to claim demonstrably higher damage remains reserved.
12. If the customer refuses to accept the packaging of the item, we transport it back at the customer’s expense.
13. In the case of export transactions, the customer is obliged to comply with the export rules applicable to the supply of goods. In the event of violation of export regulations, we are entitled to withdraw from the contract. If the delivery contains an export that requires approval, the contract is only considered closed upon receipt of the respective approval. The customer undertakes to provide all documents required for approval. The customer agrees to provide proof of use and / or end-use confirmation if requested, even if this is not officially required. In the case of export / shipment, the delivery is only exempt from Latvian VAT upon receipt of a legally valid proof of export.
14. Subsidiarity clause – Should any provision of these conditions be or become invalid or void, the validity of the remaining provisions will not be affected. In such a case, the ineffective or void provision should rather be interpreted, reinterpreted or replaced in such a way that the economic purpose pursued with it is achieved. This does not apply if adherence to the contract would constitute an unreasonable hardship for one of the parties.
15. The place of performance for delivery and payment is Riga, Latvia. The place of jurisdiction is Riga, Latvia. Latvian law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Valid from 09.04.2020