1.1. These terms and conditions apply to all current and future transactions between Weishaupt Design Group Europe GmbH., c/o/b MAN OF PARTS (herein referred to as “MAN OF PARTS”) and the buyer (“Purchaser”), unless otherwise agreed. By making an order, the Purchaser expressly accepts and acknowledges these terms and conditions. Any changes to these terms and conditions shall only apply if agreed to in writing by both parties
Quotations and Conclusion of Contract
2.1. All quotations, price lists and cost estimates issued by MAN OF PARTS are non-binding and only apply to orders completed in full.
2.2. Unless otherwise agreed, quotations submitted by MAN OF PARTS shall be valid for 30 days.
2.3. A contract is concluded once MAN OF PARTS has issued a written order confirmation to the Purchaser.
2.4. The Purchaser may not cancel or change orders placed with MAN OF PARTS, unless agreed in writing.
3.1. All prices are stated in EUR excluding VAT.
3.2. All prices are ex works Munich unless otherwise specified in the order confirmation.
3.3. Any minimum order value is as stated in the applicable price list.
3.4. All prices indicated in the pricelists exclude transport, unless specified.
3.5. MAN OF PARTS reserves the right to change prices without prior notice as a result of increases in the price of raw materials, processing, packaging and other sudden changes in costs, including exchange rate fluctuations.
3.6. COM/L +10%. Must be shipped DDP.
3.7. Certificates of origins, documentation, etc, will be charged to the client.
Terms of Payment
4.1. Payment terms are clearly stated on the order confirmation.
4.2. Unless other payment terms are agreed in writing, payment shall be due without any deductions upon receipt of invoice. The same shall apply to partial invoices.
4.3. Interest fee will be charged at an annualized rate of 18%.
4.4. MAN OF PARTS shall retain ownership of the products until the total purchase price has been paid. The Purchaser shall be liable to MAN OF PARTS for any damage to the products sold until the products have been paid for.
4.5. In the event of the Purchaser’s insolvency MAN OF PARTS may terminate the contract without notice. This shall be without prejudice to any additional claims on the part of MAN OF PARTS to compensation for damages.
4.6. Certificates of origin are subject to administration fees.
Retention of Title
5.1. If the Purchaser is a consumer, the ownership and full title of the goods shall remain with MAN OF PARTS until payment in full has been received for the entire order.
5.2. If the Purchaser is a business, the ownership and full title of the goods shall remain with MAN OF PARTS until we have received payment in full for all claims concerning the entire business relationship. The Purchaser shall have the right to resell the goods delivered by MAN OF PARTS in the ordinary course of business. The Purchaser as of this moment assigns all claims against resale customers, including any collateral rights and all balance claims, as security. MAN OF PARTS accepts, without any subsequent declarations to this effect being necessary. For the duration of the retention of title, the buyer may not pledge the retained goods or use them as security. In the event of any seizure or foreclosure, the Purchaser shall notify MAN OF PARTS without undue delay and provide the information and documents necessary to assert the claims as stated above.
Transfer of Risk
6.1. If the Purchaser is a business owner, the risk of the good’s destruction or damage is transferred to the Purchaser upon handover to the Purchaser or, in the case of sale by dispatch, the transport carrier or other person or entity designated for shipment. If the Purchaser is a consumer, transfer of risk occurs solely with handover to the Purchaser.
7.1. MAN OF PARTS provides a two-year warranty on standard products against defects in materials and workmanship. The warranty does not extend to ordinary wear and tear or damage to upholstery and surfaces nor damage caused by improper and/or insufficient maintenance.
7.2. No warranty is provided on products with Purchaser’s choice of leather, fabrics or materials ordered as special materials. No warranty is provided on products modified by the Purchaser after delivery. Any case of subsequent changes to the product will invalidate the warranty.
Defects and Complaints
8.1. The Purchaser shall inspect the products immediately upon receipt. The carrier shall be notified immediately of any complaints and/or visible transport damages which shall also be stated on the delivery note/consignment note immediately after receipt of the products. Failing this, the Purchaser is not entitled to rely on such defects.
8.2. Complaints regarding non-visible transport damage shall be made in writing and MAN OF PARTS should be notified no later than seven days from the date of receipt. Failing this, the claim is rejected.
8.3. The Purchaser shall give MAN OF PARTS an opportunity to assess the complaint and make the goods that are the subject of the complaint and the packaging in which they were supplied available for inspection. If the Purchaser is unwilling or unable to do this, MAN OF PARTS shall have no liability for defects.
8.4. MAN OF PARTS requires a written and detailed description of the non-conformity from the buyer. The buyer shall also provide a photo of the product to support the description.
8.5. Creases and variations in the colour of textiles, leather, metal, glass and wood from those of our collections of samples shall not constitute defects.
8.6. MAN OF PARTS may compensate warranty claims by supplying missing goods, repairing or replacing defective goods, or offering price reductions.
8.7. Goods may only be returned with the written agreement of MAN OF PARTS.
8.8. When the risk of the products has passed to the buyer, MAN OF PARTS shall no longer be liable for defects which may occur after this point, save for the obligations set out in this clause.
8.9. MAN OF PARTS cannot be held liable for indirect losses such as loss of profits, lost time or consequential losses suffered by the Purchaser as a result of defects and non-conformities.
Limitations of Liability, Force Majeure
9.1. Liability for lost profits, consequential damages or damages arising from third-party claims is excluded.
9.2. MAN OF PARTS shall not be liable for damages resulting from improper treatment of goods supplied. Liability is also excluded for any alterations, improvements or repairs made by Purchaser or third parties after the goods have been delivered.
9.3. Should the Purchaser insist on the use of a material provided by it contrary to MAN OF PARTS advice, MAN OF PARTS shall not assume any liability for damages resulting from the use of such material.
9.4. Unless otherwise provided by mandatory law, MAN OF PARTS is not liable for any damage to property, including the product itself, or personal injury (product liability), unless the Purchaser can prove that such damage was caused by errors on the part of MAN OF PARTS.
9.5. MAN OF PARTS is not liable for damages in case of non-compliance with the accompanying directions, including instructions for assembling, load, use, etc. and such non-compliance is the cause of the damage.
9.6. The Purchaser shall not have any remedies for breach of contract as against MAN OF PARTS if a delay in completion and/or delivery is due to events beyond the reasonable control of MAN OF PARTS and such events prevents MAN OF PARTS from performing its contractual obligations or render such performance unreasonably burdensome such as fire, war, mobilisation, industrial disputes, seizure, exchange controls, revolts and riots, general scarcity of goods, and any defects or delay in delivery of goods from sub-suppliers.
9.7. If MAN OF PARTS intends to rely on exemption from liability due to a force majeure event, MAN OF PARTS shall notify the Purchaser thereof within reasonable time.
Non-assertion of Rights
10.1. If MAN OF PARTS fails to exercise or assert one of the rights enjoyed by MAN OF PARTS under these General Terms and Conditions, such failure shall not be regarded as a waiver of such right by MAN OF PARTS. This shall also not prevent such right from being exercised or asserted at a later time.
Disputes and Governing Laws
11.1. Any dispute which might arise out of these General Terms and Conditions and any related event shall be for the sole jurisdiction of the competent court for Toronto, Ontario, Canada.
Deviations From General Terms & Conditions
12.1. Deviations from these General Terms and Conditions of Sale and Delivery shall be permitted only by express written agreement between the Purchaser and MAN OF PARTS.
13.1. MAN OF PARTS accepts no responsibility for typographical errors in prices, text and measurements. General reference is made to our price lists applicable from time to time.