Terms and Conditions

General Terms & Conditions

These general terms and conditions for Maxqt parts and components contain conditions which are applicable to agreements whereby the clients intend to purchase substitution from Maxqt of Europe, USA, Asia & Asia/Pacific. Within this agreement Maxqt represents the vendor, and the customer, to whom this quotation is addressed to, Hereinafter called the customer.


Trademark and copyright

Hereby Maxqt states that entire mentioned name and brands in Maxqt web site such as Bitzer, Carrier, Copeland, Refcomp, Grasso, Trane, Dorin, York, Bock, Mitsubishi, Sabroe, Sanyo, Dunham-Bush , etc… are trademarks for their respective manufacturers and products. our products merely made by supreme quality but not to imply that our replacement parts and components are manufactured by mentioned companies or brands.


Delivery Terms

The delivery terms for the replacement parts are EXW (Ref. Inco terms: 2000) unless expressly stated otherwise. The place of performance is the principal place of business of the vendor. Any risk of loss shall be transferred to the customer in accordance with the agreed Inco terms 2000.

The vendor is not responsible for any probably delays arising from any failure by the customer to provide the consignment, services and facilities of installation time till complete and ready before the start of installation of replacement parts, nor for delays arising through force majeure. The customer is further obliged to obtain any governmental or official permissions, certificate and authorizations required for the purchase and delivery of the replacement parts and components have to execute all acts legally required for the trade by customer, transportations and installation of replacement parts and components.


Prices and Payment

Payment terms is optional for diversity of clients, for retail purchasers can be paid by Credit cards and for whole buyers shall be made within 10 days without deduction, from the date of invoice or as indicated in the quotation by 30% down payment and 70% at the B/L no. announcement. Unless expressly stated otherwise, all prices are exclusive of any value added tax, sales tax and costs of transportation and insurance.

All payments are to be made directly and exclusively to the vendor, net and without setoff or deduction. The customer may in particular not set off any claims against the claim of the vendor for the buy price. The customer is not entitled to transfer any rights under this agreement to any third party. The customer hereby agrees that the vendor may transfer this agreement, or any rights or obligations under this agreement to third parties.
all quotations and prices at on line store are subject to change without prior notice and orders booking for future release will be billed according to the updated prices in effect at the time of shipment, unless arrangements have been signed according to previous conditions.

In case the address of customers located at Japan, Middle East or the United States of America, the customer agrees that the agreement may be transferred to the representative subsidiary of the vendor. In such case the financial statements are issued by and shall be paid to the account of the Vendor’s representative subsidiary.

The customer shall indemnify the vendor for any such stamp duties, customs duties, transfer taxes or fees paid in correlation with the performance of the agreement, Any stamp duties, customs duties, transfer taxes or fees in connection with the performance by the vendor shall be borne by the customer.


Retention of Title and Ownership

release of the replacement parts and components to the customer’s designated facility does not affect a transfer of title to the replacement parts and components to the customer. The vendor retains title to and ownership of the replacement parts and components until receipt of final and full payment.

Until the receipt of final payment, the customer may not sell, lease, pledge or otherwise enter into agreements on the replacement parts and components. If the customer sells or transfers the replacement parts and components prior to full payment to the vendor, the transfer shall be subject to any security interest granted by the customer to the vendor.


Warranty

The vendor warrants that all replacement parts and components will be free from any defects in the rough drawing, material and workmanship and machining for both of grade classes except for ordinary packing, scratch, dent and corrosion. This warranty does not change or extend the warranty duration or status of workmanship except for ordinary packing, scratch, dent and corrosion. This warranty does not modify or expand the warranty extent or status of the machinery on which these parts might be installed.

The warranty categories for spare parts are:

• Replacement parts and Components: 2 months warranty starting from the date of delivery at customer site (standard warranty)
• Supreme Replacement parts and Components: 10 months warranty starting from the date of delivery at customer site (Full Class)
• Business Grade replacement parts and components, without any quality warranty including magnitude and tolerance.

The vendor assumes no warranty for defects of designated used articles without warranty. Such articles are selected at “Business Grade” and “Budget Parts” basis without warranty of any kind whether express or implied, including limited to the implied warranties of correctness, satisfactory quality, fitness for a particular function, compatibility. The vendor will not responsible for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) occur as a result of connection with such economical grade articles.

The warranty of the vendor is limited to restore or replacement of the possibility defective products, or to a refund of an equitable portion of the purchase price, the choice of remedy being at the vendor’s discretion. The vendor shall be notified of any defect without any delay. Where the replaced replacement parts and components are supplied, the previous parts become the vendor’s possessions and shall be returned to the vendor at the cost of the customer. Replacement parts and components not returned to the vendor within one month of substitution will be invoiced to the customer at the then published rates.
The warranty shall not pertain in cases where defects have been caused by transportation smash up, improper installation or maintenance, machinery and compressor failures due to the utilize of replacement parts and components. Alteration by the customer or other services not attributable to the vendor. Any work carried out by the vendor to fix any defects in such circumstances shall be chargeable at the then in progress published prices.

Any defective replacement parts and components shall not be used if its continued operation, its working or its use is likely to be the cause of further damage.

The vendor will not be bound in any manner for any representation or warranty made by any third person, except as specifically set forth herein.

Replaced replacement parts and components are under above warranty, and later determined to have failed due to misuse or lack of maintenance, will be charged to the customer together with the costs for replacing such item at current published prices of the vendor.

The customer waives all its rights of rescission of this agreement under applicable law, in particular the right of rescission for reason of mistake or change of circumstances or frustration of contract and the right of rescission according to the ICC.


Non Payment & Cancellation Fees

If an order is cancelled by the customer for any reason, the customer shall pay to the vendor within ten (10) days after written require, the cancellation charge(s) described below as liquidated damages, which are not subject to any fault and/or to a right of mitigation.

From 90 to 60 days before delivery: 25% of the total order amount
From 60 to 30 days before delivery: 40% of the total order amount
From 30 to 1 days before delivery: 60% of the total order amount


Miscellaneous Terms

The foregoing terms and conditions constitute the entire agreement between the parties and supersede and substitute every previous agreements, negotiations and correspondence concerning the subject hereof. There are no understandings between the parties with respect to the goods and services referenced herein other than those specially set forth herein. The English-language version takes precedence over any translations. Any changes or amendments are applicable merely after made in writing and signed by both parties.

Should any provision of this agreement be or become entirely or partially invalid or unenforceable, the remainder of this agreement shall remain valid or enforceable. The invalid or unenforceable provision shall be substituted by a provision editions that shall come as close as possible to the economic purpose of the invalid or unenforceable provision. The same shall apply to any omissions of this agreement. No other business conditions such as phone conversation or written e-mail or fax, in any way purporting to vary these terms and conditions, whether contained in purchaser’s query or elsewhere, shall be binding on Maxqt excepting in a sealed and official agreement. This terms and conditions may revise by Maxqt at any time by updating this posting and without any prior notice.