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Terms & conditions
Our standard terms and conditions of sale are:
Scope
The terms and conditions listed herein are MET's Standard Terms and Conditions of Sale and apply exclusively to agreements where the Buyer's purchase order is sent directly to and acknowledged directly by MET. In case of agreements where the Buyer's purchase order is sent directly to and acknowledged directly by one of the OEMs represented by MET, prevailing terms and conditions will be those agreed directly and independently between MET's OEM and the Buyer.
MET's quotations or order acknowledgements may include different or additional terms and conditions, either as a reflection of particular terms imposed on MET by their OEM, or due to the length and cost of certain projects. The terms stipulated in our quotations or order acknowledgements form the basis of our offer of goods or services (Goods) to the Buyer and therefore the basis of our supply contract if the Buyer places an order.
In the event of any conflict between the standard terms listed herein, those stipulated in a quotation and a Buyer’s purchase order, the terms of this document shall prevail. The Buyer's assent to all of these terms and conditions shall be conclusively presumed from any conduct which recognizes the existence of a contract, including shipment of any purchase order in whole or part.
Acceptance of Order
- MET will accept the Buyer's purchase order and provide the Goods in accordance with MET's quotation and/or MET's order acknowledgement. Where the Buyer's order is sent directly to and acknowledged directly by MET's OEM, it becomes the OEM's responsibility to ensure that they provide the Goods as described in the quotation and/or their own order acknowledgement to the Buyer.
- Acceptance of order is strictly according to MET's general and payment terms as stated in MET's quotation and/or order acknowledgement. It is the responsibility of the Buyer to verify those terms and the general contents of MET's quotation and/or order acknowledgement upon receipt and to notify any disagreements in writing immediately.
- Prices are given ex-works and carriage is chargeable on all orders, unless otherwise confirmed in MET's quotation and/or order acknowledgement.
- All prices may be subject to VAT.
General Payment Terms
The terms listed below apply to all orders sent directly to and acknowledged directly by MET and unless otherwise stipulated in MET's quotation and/or order acknowledgement.
- Standard payment terms for all Goods are 30 days nett from the date printed on our invoice.
- Goods supplied to first-time Buyers are on a pro-forma invoice basis only.
- MET reserves the right to rescind its 30 days (or otherwise agreed) credit to any Buyer who fails to settle their invoice(s) on time and in situations where extended payment terms have not been agreed to in writing by MET.
- When payment of an invoice is overdue, MET reserves the right to suspend or stop the supply of Goods relating to that invoice and/or any other purchase order then in existence between MET and the Buyer until payment has been received.
- Orders for machines above a certain value are all subject to the payment of a deposit in order to initiate manufacture of the equipment. Failure to pay this deposit may result in delayed production and/or delivery of said equipment.
- All Goods supplied within the UK are subject to VAT unless the Buyer provides a valid proof of VAT exemption.
- Goods remain the property of MET until paid for in full.
Acceptance of Order
- MET will accept the Buyer's purchase order and provide the Goods in accordance with MET's quotation and/or MET's order acknowledgement. Where the Buyer's order is sent directly to and acknowledged directly by MET's OEM, it becomes the OEM's responsibility to ensure that they provide the Goods as described in the quotation and/or their own order acknowledgement to the Buyer.
- It is the responsibility of the Buyer to verify the terms and the general contents of MET's quotation and/or order acknowledgement upon receipt and to notify any disagreements in writing immediately.
- Unless otherwise stipulated in MET's quotation and/or order acknowledgement, prices are given ex-works and carriage is chargeable on all orders.
- No laboratory testing Final Report will be issued until payment has been received in full for that testing order, unless otherwise agreed by MET or stipulated in MET's quotation and/or order acknowledgement.
Delivery
Any delivery date given by MET, our OEMs or our agents is an indication only, subject to the availability of Goods, conditions of shipping and transport. Such delivery dates are given in good faith and are as accurate as possible, but are not guaranteed. MET shall not be liable for any delays in delivery or failure to deliver caused by acts or actions beyond MET's control.
MET shall not be liable for loss or damage of Goods in transit whilst under the care of a third party carrier, unless such loss or damage is caused by our negligence.
The Buyer should notify MET of any damage to the Goods within 3 days of delivery or, in case of non delivery, on the day when delivery was scheduled to occur. Whilst MET will endeavour to remedy the situation as part of our customer service, liability remains with the third party carrier.
Acceptance of Goods
Where MET was the recipient of the Buyer's purchase order, the Goods shall be deemed acceptable by the Buyer unless:
- Consumables: the Buyer notifies MET within seven (7) days following receipt.
- Machines not offered with factory acceptance inspection or trial (FAT): the buyer notifies MET within twenty (20) days following receipt of any non-conforming Goods.
- Machines offered with FAT: the Buyer notifies MET within seven (7) days following completion of the FAT. Failure on the part of the Buyer to arrange a FAT when available, or to attend an agreed FAT shall be considered a formal acceptance of the goods.
- Where an MET's OEM was the recipient of the Buyer's purchase order and in case of non-conformity of the Goods, that OEM's terms and conditions of acceptance of the Goods will prevail.
Cancellation of Order & Refusal to Accept Delivery
Cancellation of an order is not considered valid unless explicitly submitted in writing by the Buyer. MET reserves the right to apply cancellation charges, based on the value of the order and the time when MET receives written cancellation notice from the Buyer. Written request for information on cancellation charges is not considered a valid order cancellation.
Refusal by the Buyer to accept delivery of Goods made available or manufactured by MET as per the Buyer's purchase order and subsequent order acknowledgement by MET, whether verbally upon notification of readiness of Goods for shipment or at their premises upon receipt of Goods, for any reason other than those expressly agreed to in writing by MET shall be considered a cancellation of order and liable to a 100% cancellation fee, including shipping costs when refusal occurs after collection of the Goods by a third party carrier.
MET's cancellation charges apply to the total value of the Goods as described in MET's order acknowledgement, excluding shipping costs (except for refusal to accept delivery).
Order cancellation charges:
Cancellation within 1 week of receipt of purchase order: 30%
Cancellation after 1 week following receipt of purchase order: 100%
Refusal to accept delivery: 100%
Installation of Goods
Installation and calibration of the Goods, if applicable, are not included as part of the agreement unless expressly stated in MET's quotation and/or order acknowledgement. Installation and calibration may be available for an additional charge or may be provided at no additional cost to the Buyer at the sole discretion of MET.
Legal Jurisdiction, Costs and Legal Fees
This Agreement shall be governed in all respects by English Law. If legal action is necessary to enforce an agreement between the Buyer or obtain due payment, the Buyer will be responsible for any costs and legal fees incurred by MET in that pursuit.
- Goods supplied by MET remain the property of MET until payment has been received in full.
- Failure by the Buyer to pay for the Goods in full as originally agreed, or according to reviewed payment terms subsequently agreed in writing between MET and the Buyer, will result in MET seeking legal recovery of the Goods from the Buyer and/or seeking financial compensation at the Buyer's expense.
- MET reserves the right to charge the Buyer interest on overdue accounts at the maximum monthly rate of 8% above base rate.
Warranty
MET passes on their OEM's warranties directly to the Buyer. No additional or independent warranty is provided by MET unless expressly specified in writing in our quotation and/or order acknowledgement. Warranted Goods may be repaired or replaced on-site or may be required to be returned to MET or their OEM, at the discretion of MET personnel. OEM's warranties may be void if the goods are not used under the operating conditions set forth in the OEM's operating or instructions manual for those Goods.
MET shall not be liable for any special, incidental or consequential damages, or for loss, damage or expense directly or indirectly arising from the use of the Goods, or from customer's inability to use the Goods, or from any other cause.
Extended warranties may be purchased. Please consult MET for a quotation.
Many of MET's OEMs operate E-mail or telephone support for their Goods. This avoids excessive travel and unnecessary engineering time. This will often be used as a first resort in under-warranty repairs.
Damages
MET accepts no responsibility for damages of any description due to late or incorrect delivery of products or services.
These terms and conditions may not be modified or rescinded except in document signed by MET and the Buyer.
