MELTEX – General terms of delivery
1. GENERAL INFORMATION
Scope
These terms replace any previous delivery terms and take effect immediately. These terms apply to all transactions in Finland between the seller and the customer. In these terms, Meltex Oy is the seller and the customer is the buyer.
Prices
Prices are determined based on the price list and/or offer in effect at the time of order confirmation. For non-stock items, pricing will be agreed upon separately in each case. Prices do not include value-added tax or other tax-related fees, nor do they include packaging costs, which will be charged separately. The seller reserves the right to adjust the prices after the contract has been formed without prior notice if currency exchange rates, which directly affect import prices, taxes, tax-related payments, or other charges independent of the seller change before the delivery date.
2. TERMINATION OF THE SALE
Offers and Sales Terms
The seller’s offers are valid for the period specified in the offer. If no validity period is mentioned, it is 30 days from the date of the offer. The recipient of the offer does not have the right to use the offer or related documents to the detriment of the seller or to disclose them to third parties. If the total amount of the offer exceeds the credit limit agreed upon with the customer, the credit terms must be negotiated separately. Images, drawings, calculations, and other documents related to the offer remain the property of the seller.
Order
In a quotation-based sale, the contract is formed when the buyer has indicated acceptance of the seller’s offer. In other cases, the sale is concluded when the buyer has placed an order and the seller has confirmed the order or delivered the products as agreed.
3. SELLER’S OBLIGATIONS
Delivery Time
The delivery time begins from the day when all the necessary information for the delivery of goods has arrived at the seller and the seller has confirmed the delivery time to the buyer. If the order made/confirmed is changed, the delivery time will be calculated from the day when the notice of the last change has been received by the seller. If the seller and buyer have agreed on the provision of a guarantee or advance payment, the delivery time shall be deemed to commence no earlier than the receipt of the guarantee or advance payment by the seller.
Delay
The seller is obliged to inform the buyer immediately upon becoming aware of any delay. The seller must also provide the reason for the delay and an estimated new delivery time. If the buyer does not notify the seller of any objections regarding the new delivery time within five (5) business days of receiving the notification, the buyer shall not have the right to terminate the contract.
Warranty
The sold goods are covered by the warranty provided by the manufacturer.
Product Characteristics
The seller is responsible for the quality and characteristics of the goods only in accordance with the information specified in the contract and other information provided by the seller. The buyer is responsible for the accuracy of the information provided to the seller regarding the intended use of the goods.
Indirect Damage
The seller is not liable for compensating the buyer for any indirect damages arising from delays or errors in delivery.
Liability for Damage Caused by Product Characteristics (Product Liability)
The seller is not liable for any damage caused to individuals or to real or personal property unless the seller is obligated to provide compensation under product liability laws.
4. BUYER’S OBLIGATIONS
Payment of the Purchase Price
Unless otherwise agreed, the payment term is fourteen (14) days net. The payment period is calculated from the delivery date and, in the case of pickups, from the pickup date. If the invoice is partially incorrect, the customer is obliged to notify the seller within seven (7) business days. However, the invoice must be paid for the correct portions by the due date.
Freight
Freight costs are charged according to the agreement between the customer and the seller. The standard delivery term of Meltex Oy is DDU (Delivered Duty Unpaid, meaning deliveries are made to the vehicle, and the recipient is responsible for unloading the cargo).
Receiving Inspection
The buyer or their representative must verify upon receipt of the goods that the delivery matches the packing list and check that it is externally undamaged. Any damages or shortages must be reported immediately to the seller or the carrier, and a note must be made on the freight bill.
Returns
All returns must be agreed upon in advance, and the return must occur immediately after the agreement to return the goods. The goods must be returned in their original packaging and in flawless condition. Refunds and any costs associated with returns must be negotiated separately on a case-by-case basis.
Transfer of Ownership
Ownership of the goods transfers from the seller to the buyer when the full purchase price has been paid, unless otherwise agreed.
Late-payment Interest and Collection Costs
In the event of payment delay, late-payment interest will be charged based on the interest rate applicable by the seller at that time. The seller also has the right to charge the buyer reasonable collection costs.
Guarantees
If a guarantee has been agreed upon, it must be provided before the commencement of the delivery of goods. The seller is entitled to require a guarantee for the payment of the purchase price even thereafter if they have significant reasons to believe that the purchase price or part of it will remain unpaid. The seller has the right to withhold further deliveries until outstanding payments have been made or an acceptable guarantee has been provided. The seller is entitled to do this even if part of the purchase price is overdue. The buyer does not have the right to make compensation claims due to this delay.
5. TERMINATION OF THE CONTRACT
Buyer’s Right of Termination
If the seller’s delivery deviates significantly from what was agreed and the seller fails to rectify the deficiency or deliver replacement goods within a reasonable time despite notice, or if the delivery is delayed due to reasons attributable to the seller, causing undue harm to the buyer, the buyer has the right to terminate the contract. The seller is not obligated to compensate the buyer for any indirect damages that may arise from the termination of the contract.
Seller’s Right of Termination
If the payment of the purchase price is significantly delayed for reasons beyond the seller’s control, or if it is evident from the buyer’s notification or otherwise that the buyer’s payment will be significantly delayed, the seller has the right to terminate the contract. If the buyer does not cooperate in the transaction as agreed or in a manner deemed reasonable, the seller has the right to terminate the sale. If the buyer breaches any obligations specified in this agreement, the seller has the right to terminate the sales contract. In the event of termination of the sales contract due to the buyer’s breach of obligations, the seller is not obligated to compensate the buyer for any damages that may have already occurred or those arising from the termination.
Force Majeure
The seller is not obligated to fulfill the contract if a force majeure event, such as natural conditions, fire, machinery breakdown, strike, war, or transportation disruption, prevents the delivery of the goods or any part thereof. If fulfilling the contract would require the seller to make unreasonable sacrifices compared to the benefit to the buyer, the seller is not obligated to fulfill the contract.
Dispute Resolution
Disputes arising from the interpretation of these delivery terms shall be resolved, unless otherwise agreed, in the district court of the seller’s place of business.