Sales Terms & Conditions of the Trading Companies forming part of the Mac Med Group, namely, Mac Med Limited (Co Reg No C37377) and Paint Centres Limited (Co Reg No C21595), hereinafter referred to as the ‘‘Company’’.
Unless Buyer has another valid agreement with the Company, the following Terms and Conditions will apply.
1. Definitions
a) "Products" means all Products and or Services that are determined by the Company to be available from the Company upon receipt of Buyer's order. "Custom Products/Made To Order" means Products manufactured, designed or modified to meet Buyer requirements
b) "Delivery" means standard supply of product to the receiving area at the address specified in Buyer's order as accepted by the Company.
2. Prices
a) Prices are valid for the period quoted by the Company or for the applicable purchase agreement ordering period, whichever expires first. Product prices for an order remain valid for thirty (30) days from the original order date unless otherwise quoted the Company. Change orders that extend consignment beyond those validity periods become new orders at prices in effect when the Company receives the change orders.
b) Prices are exclusive of, and Buyer will pay, applicable sales Value Added Taxes, unless Buyer has provided the Company with an appropriate exemption certificate for the jurisdiction where consignment will be effected.
3. Consignment
a) Consignment or dispatch dates quoted are given or accepted by the Company in good faith, but not guaranteed unless, confirmed in writing by the Company.
b) The Company will make reasonable efforts to meet Buyer's consignment requirements. If the Company is unable to meet Buyer's consignment requirements, alternative arrangements may be made at the Company’s sole discretion.
c) The Company will make reasonable efforts make the products available as close to the agreed place of delivery. Such effort does not include delivering the Products to other than the ground floor of the address, provided that adequate access and unloading facilities made available at destination by the Buyer.
4. Risk of Loss or Damage, and Title
a) Risk in Products shall pass to Buyer upon consignment. The Company shall retain ownership of Products until:
1) The Company has received payment in full for the Products;
2) The Products are mixed, processed or used so that they lose their identity or are irrecoverably incorporated in, mixed with, applied or attached to any other goods or surfaces;
3) Buyer sells Products to an unrelated third party.
b) Buyer shall insure Products against all usual risks to full replacement value until ownership passes to Buyer. Any insurance monies received by Buyer in respect of Products owned by the Company, shall be held on trust for the Company.
5. Payment
a) Payment terms are subject to the Company’s Payment Policy that includes any Credit Agreement with a Buyer. Absence of such an Agreement would require that all products be paid in cash, cheque or by electronic payment transfer strictly upon consignment of the Products to the Buyer.
b) The Company may change Payment Terms to any extent, at any time when, at its sole opinion, a Buyer's financial situation, previous payment record, or the nature of the Buyer's relationship with the Company so warrants.
c) The Company may suspend and or discontinue consignment of Products should the Buyer fail to pay any sum due, or fails to perform under this or any other the Company agreement if, after three (3) days from notice, the failure has not been resolved as requested by the Company.
6. Claims
a) Subject only to Condition b below, by taking Consignment of the Products and signing the accompanying documents, the Buyer shall be deemed to have approved and accepted the Products in every respect.
b) Any claims with regard to the conformity or quality of the consigned Products must be notified in writing to the Company within 7 days from consignment, and in the absence of such notification, the Buyer shall be deemed to have approved and accepted receipt the Products in every respect.
c) Where a claim is made in accordance with the provisions of paragraph b and where the Company, accepts such claim after inspection of said Products, the Buyer shall be entitled to a refund, in value or in kind, of the original price of the affected Products supplied by the Company.
d) The Company shall not be liable in any way whatsoever for any representations, advice or assistance given or omitted to be given in connection with Products, Services, the Specification or the Contract, other than Products or Services specifically charged for the Company.
e) In the event of a claim pursuant to paragraph b, the Buyer shall be required to prove that:
1) Since consignment, the Products were continuously handled, treated and stored by the Buyer as a prudent administrator in-keeping with the nature of the Products and their propensity to deteriorate and that any alleged deficiency is not attributable to the Buyer’s fault or negligence;
2) There has been no incompatibility of any Products supplied by the Company with the Products of other manufacturers or suppliers;
3) There has been adequate surface preparation or coating application work carried out by the Buyer or any third party as stated in the Products’ Technical Data Sheets;
4) No faulty equipment has been used;
5) There was adequate supervision of quality by or on behalf of any third party.
7. Events beyond the Company’s Reasonable Control
The Company shall not be liable for any failure to comply with the contract related to any circumstance whatsoever, whether or not involving the Company’s negligence, which is beyond the Company’s reasonable control and which prevents or restricts the Company from complying with the contract.
QUESTIONS AND CONTACT INFORMATION
Further information may be requested via email to info@macmedgroup.com.mt
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Version 2023.01 | Last Update: 24TH August 2023