General Terms and Conditions
The general terms and conditions mentioned below shall be Applicable to all purchase/service orders accepted by the Company.
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.
Prices in the order for the Products are quoted Ex-Works, the Company's factory, Rosh HaAyin, Israel.
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.
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