Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers and agreements, execution of orders and deliveries of MondiParts BV, hereinafter referred to as MondiParts. Deviations can only be agreed in writing with MondiParts.
1.2 In these terms and conditions, “buyer” is understood to mean the buyer or client, or anyone who enters into or wishes to enter into an agreement with MondiParts, or for whom MondiParts makes an offer or performs a delivery or performance. If there are several customers who together give an order or place an order, they are jointly and severally liable towards MondiParts for payment of the (counter) performance, regardless of the name of the invoice.
1.3 If MondiParts does not always require strict compliance with these terms and conditions, this does not mean that these terms and conditions are not applicable or that MondiParts would lose the right to enforce strict compliance with these terms and conditions in future, whether or not similar cases. desire.
1.4 If any provision of these Terms and Conditions is not valid or applicable for any reason, the remainder of these Terms and Conditions will remain in effect.
1.5 The applicability of deviating stipulations and any general terms and conditions of the customer is expressly rejected by MondiParts. Such stipulations only bind MondiParts insofar as they have been accepted expressly and in writing by MondiParts.
Article 2. Offer
2.1 All offers, quotations and quotations made by MondiParts, in whatever form, are without obligation and based on the data, designs, drawings, and data derived therefrom by the customer.
2.2 An offer is only binding if this is made in writing by MondiParts, stating a term during which the offer is open for acceptance.
2.3 Price lists, brochures, printed matter, etc. provided by MondiParts are subject to change and do not constitute an offer.
2.4 MondiParts reserves the right to refuse orders without stating reasons, to only deliver them cash on delivery, or to require payment in advance.
Article 3. Agreement
3.1 An agreement is concluded after MondiParts has confirmed an order or assignment in writing or after MondiParts has started the execution of the order or assignment. The order resp. order confirmation is deemed to represent the agreement correctly and completely, unless the customer objects to this in writing within five working days.
3.2 For deliveries for which, due to the nature and/or size, no order confirmation is sent, the invoice also counts as order confirmation. This is deemed to represent the agreement correctly and completely, unless the customer protests in writing within five working days of the invoice date.
3.3 Additions and changes to an agreement only bind MondiParts insofar as they have been confirmed in writing by MondiParts.
3.4 MondiParts is authorized, if it deems this necessary or desirable, to engage third parties for the correct execution of the order or assignment it has been given. The costs of this will be passed on to the customer in accordance with the quotations provided.
3.5 MondiParts uses a minimum order value of €50 per order, below this amount we will charge you €3.99 order costs. Orders that are collected from our warehouse are recalculated at the counter so that there are no order costs.
Article 4. Prices
4.1 Unless otherwise agreed in writing, all prices and rates are in euros, exclusive of VAT and administration costs.
4.2 The prices are based on the prices, exchange rates, wages, taxes, duties, charges, etc. existing during the offer. In the event of an increase in one or more of the cost price factors, MondiParts is entitled to increase the price accordingly. Such a price increase does not entitle the customer to dissolve the agreement.
4.3 The prices are always exclusive of levies, whether or not levied by the government, in connection with the sale or use of goods to be delivered by MondiParts, including environmental taxes, disposal fee and packaging arrangements; MondiParts is entitled to pass on the relevant levies and costs to the customer.
4.4 In the event of an agreement in which there are periodically expiring amounts, MondiParts is entitled to adjust the prices and rates by means of a written notification and with due observance of a term of three (3) months. If the customer does not agree with the changed prices and/or rates, he is entitled to cancel the agreement in writing within seven (7) days after receipt of the notification referred to, against the date stated in the notification on which the price or rate change would take effect. Termination does not affect the obligations of the customer to pay the consideration for the period up to the aforementioned planned commencement date.
Article 5. Complaints procedure
5.1 The customer, or a third party acting on its behalf, must carefully check the goods delivered by MondiParts immediately (after receipt).
5.2 Complaints about defects with regard to the goods delivered in full or in parts must be notified in writing to MondiParts within five (5) working days after delivery thereof, stating the delivery or invoice number of the shipment concerned, failing which any right of the customer in this regard has expired. Goods delivered that have been ordered incorrectly or too much by the customer are at the risk of the customer and will not be taken back by MondiParts.
5.3 The customer will provide all necessary cooperation for investigation of the complaint, including by giving MondiParts the opportunity to investigate all relevant circumstances associated with the complaint. If the customer does not cooperate or if an investigation is otherwise not or no longer possible, the complaint will not be processed and the customer has no claims in this regard.
5.4 The customer cannot derive any rights from handling a complaint. Complaining does not release the customer from its payment obligations towards MondiParts.
5.5 The Customer is obliged to immediately discontinue the use, processing, processing and/or installation of the goods in question and furthermore to do and refrain from doing everything reasonably possible to prevent (further) damage.
5.6 Provided that a complaint has been made in a timely manner, correctly and in accordance with this article and it has been sufficiently demonstrated by the customer that the goods do not correspond to what has been agreed in this regard, MondiParts has the choice either to replace the goods that have proved to be unsound with new goods by returning them. either to properly repair the relevant goods, or to refund the purchase price thereof or to credit the invoiced amount, or to grant the customer a discount on the price to be determined in mutual consultation. If this is not reasonably possible for MondiParts, the customer has the right to dissolve the agreement, unless the shortcoming is not dissolution justifies. By fulfilling one of the aforementioned performances, MondiParts is fully discharged with regard to its obligations. The customer is not free to return the goods before MondiParts has agreed to this in accordance with the provisions of the applicable RMA Conditions MondiParts.
Article 6. Payment
6.1 Unless otherwise agreed in writing, payment must be made by deposit or transfer to a bank account designated by MondiParts within fourteen (14) days of the invoice date. The value date stated on the bank statements of MondiParts is regarded as the day of payment.
6.2 Payment will be made without set-off or suspension for whatever reason.
6.3 Payment must be made at once, unless payment in installments has been agreed, whereby each installment due is deemed to form a separate payment.
6.4 If the customer does not pay the amounts owed within the agreed term, the customer will be in default by operation of law and MondiParts, without prejudice to its other rights, is entitled to pay the customer the statutory interest over the entire amount owed, plus a surcharge of 3% to be charged, from the due date of the invoice concerned up to and including the day of full payment. In addition, all extrajudicial and judicial collection costs to be incurred are for the account of the customer. The amount of the extrajudicial collection costs owed to MondiParts is calculated in accordance with the collection rate of the Dutch Bar Association. The amounts included in the books of MondiParts for the aforementioned costs will provide full evidence with regard to the amount thereof.
6.5 If MondiParts sees reason to do so, MondiParts can demand further security, failing which it may suspend the execution of the agreement.
6.6 Unless otherwise agreed in writing in advance, orders will only be delivered after payment in advance for new business relations.
6.7 In the event that the customer does not or not timely fulfill any obligation arising from the agreement, enters into a debt settlement with its creditors, applies for a moratorium, becomes bankrupt, closes or transfers its business, if attachment is levied against it or in the event that On reasonable grounds, fulfillment by the customer can no longer be expected, any claim of MondiParts against the customer is immediately due and payable in full. In that case, MondiParts also has the right to cancel the agreement insofar as it has not yet been (fully) performed without further notice to dissolve notice of default or judicial intervention and to take back the goods already delivered that have not yet been paid for, all this without prejudice to MondiParts' right to payment or to compensation, and its right to suspend the execution of the agreement.
Article 7. Retention of title
7.1 All goods delivered to the customer remain the property of MondiParts until the moment of full payment of all amounts, including any interest and costs, that the customer owes for the goods delivered or to be delivered or performed or still to be performed under any agreement. services, and/or failure to comply with such an agreement.
7.2 The customer is obliged to take care of the careful handling of the goods and to insure them against the usual risks and does not have the right to encumber, rent out, put into use and/or use the delivered goods other than after written permission from MondiParts. to establish a right of pledge, as long as the customer has not fully complied with its obligations towards MondiParts.
7.3 If and as long as MondiParts is the owner of the goods, the customer will immediately inform MondiParts when the goods are (threatened to) be seized or if any other claim is made on (any part of) the goods. In addition, the customer will (in that case) inform MondiParts where the goods owned by MondiParts are located. In the event of seizure or (provisional) suspension of payment, the customer will immediately notify the attaching bailiff resp. point out to the administrator the (property) rights of MondiParts. The customer guarantees that an attachment on the goods will be lifted immediately.
7.4 If the same type of goods are delivered on one or more unpaid invoices, the goods present at the customer are deemed to have been delivered on the unpaid invoices.
Article 8. Delivery time
8.1 All (delivery) periods mentioned by MondiParts are approximate and have been determined on the basis of the data and circumstances that were known to MondiParts when the agreement was entered into. Stated delivery times can never be regarded as a strict deadline. If a change in the data and/or circumstances, irrespective of the foreseeability thereof, results in a delay, the delivery date will be delayed accordingly, without prejudice to the provisions below regarding force majeure. In the event of late delivery, MondiParts must be given written notice of default, whereby it must still be offered a reasonable term for delivery.
8.2 Exceeding the delivery times specified by MondiParts, for whatever reason, never entitles the customer to compensation or non-fulfilment of any obligation resting on him from the relevant agreement or a related agreement.
Article 9. Delivery and risk
9.1 Unless otherwise agreed in writing, delivery takes place ex warehouse MondiParts. From the moment of delivery, the risk (of loss, decay, damage, etc.), regardless of the cause, is transferred to the customer.
9.2 If it has been agreed that the delivery will take place in phases, MondiParts may postpone the deliveries of the following phases until the customer has approved the delivery in the previous phase in writing and has fulfilled all its (financial) obligations regarding the partial delivery. In the event of partial deliveries, MondiParts is entitled to invoice these separately.
9.3 If delivered goods are available to the customer after the expiry of the delivery time but are not purchased by him, then these will be stored at his disposal at his expense and risk.
9.4 It is possible that unforeseen circumstances mean that we cannot fully deliver an order. You will not see the non-delivered items with the associated costs on your invoice. The part that you have paid too much will be automatically refunded by our payment provider within a few days stating Pay.nl. If the missing item is available within a few days, we will offer you a backorder.
9.5 In the event of a defect on delivery (DOA) or a MANCO delivery, this must be reported to us within 48 hours. This must be done in writing (email@example.com) so that we can solve and administer this as well as possible.
Article 10. Transport
MondiParts determines the method of transport, shipment and packaging. Shipment and transport of goods always takes place at the expense and risk of the customer. MondiParts is only obliged to take out (transport) insurance if and insofar as MondiParts has committed itself to this in writing.
Article 11. Force majeur
11.1 If MondiParts is prevented from (further) performing the agreement due to force majeure of a permanent or temporary nature, MondiParts is entitled to dissolve the agreement in whole or in part without any obligation to pay compensation by means of a written notification to that effect without judicial intervention, without prejudice to the right of MondiParts on payment by the customer for performances already performed by MondiParts, before the force majeure situation occurred, or to suspend the (further) execution of the agreement. In the event of suspension, MondiParts will still be entitled to dissolve the agreement in whole or in part.
11.2 Force majeure includes all circumstances, as a result of which MondiParts is temporarily or permanently unable to fulfill its obligations, such as strikes, transport difficulties, fire, government measures, including in any case import and export bans or restrictions, business disruptions at its or at its disposal. suppliers, as well as shortcomings by its suppliers, as a result of which MondiParts cannot (any longer) reasonably fulfill its obligations towards the customer.
Article 12. Warranty
12.1 Unless otherwise stipulated in the RMA Conditions for MondiParts if agreed, MondiParts guarantees to the customer that the delivered goods comply with the applicable specifications and issued by the supplier for three (3) months after delivery. If the product specifications are neither known nor known to the customer, MondiParts guarantees to the customer that the delivered goods do not show any material or construction defects during the same period. The warranty stated in the previous sentences only applies if the items are used normally and carefully and all instructions given for use and other warranty regulations included in the agreement, the RMA Conditions MondiParts and in the warranty certificate are and are complied with punctually and completely. The guarantee only entails that MondiParts will repair these errors to the best of its ability or replace the goods, such at the discretion and at the discretion of MondiParts. Consumables such as batteries, cables and memory carriers are excluded from this warranty. Products or parts thereof, which are replaced under this warranty, become the property of MondiParts. Defects must be reported to MondiParts in writing in order to be processed. MondiParts is never liable for the recovery of data that has been lost for whatever reason.
12.2 The warranty does not apply if the errors are wholly or partly the result of incorrect, careless or incompetent use, use for other than normal (business) purposes, external causes, such as fire or water damage, or if the goods have been modified by others than MondiParts or have not been professionally and regularly maintained. Nor can the warranty be invoked if any (part) part has been replaced with less compatible and/or qualitatively not at least with the original parts equivalent matters.
12.3 By fulfilling one of the provisions of art. 12.1 of the aforementioned performance, MondiParts is fully discharged with regard to its obligations. The customer is not entitled to claim compensation, nor is the customer entitled to dissolve the agreement in whole or in part.
12.4 If goods are purchased by MondiParts from a supplier, the warranty is limited to the applicable warranty conditions of the supplier. MondiParts will inform the customer at his request about the applicable provisions. In particular, the warranty on Service Pack LCD from Samsung runs through Samsung and the lead time is at least 10 working days. PAY ATTENTION! Important, the Service Pack LCD must be presented complete in its original box for warranty. If the warranty is granted by Samsung, the purchase price will be reimbursed.
Article 13. Liability and Indemnity
13.1 MondiParts is not liable for damage to the delivered goods other than with due observance of the provisions of this article 13. In any case, the contractual and legal liability of MondiParts is at all times limited to the amount of the purchase price of the goods in respect of which that liability has arisen.
13.2 MondiParts is not liable, either by law or by agreement, for so-called consequential damage that the customer or a third party may suffer with regard to (the use of) the delivered goods, including business damage, environmental damage and immaterial damage.
13.3 The provisions of the previous paragraphs do not affect the liability of MondiParts under Title 3, Section 3, Book 6 of the Dutch Civil Code (Product Liability).
13.4 Unless the damage is caused by gross negligence or intent on the part of MondiParts, the customer will indemnify MondiParts against all claims from third parties, directly or indirectly related to (the use of) the delivered goods and will reimburse MondiParts for all damage that MondiParts suffers as a result. of such claims.
Article 14. Confidentiality
14.1 The parties are mutually obliged to maintain complete secrecy towards third parties of mutually provided confidential (company) information. The customer is obliged to take measures to ensure that this confidentiality is observed by its employees.
14.2 The customer is not allowed to copy, reproduce or change documentation, the copyrights of which are vested in MondiParts, both during the term and after the termination of the agreement, without the prior express written permission of MondiParts. He is also not allowed to give third parties permission to do so.
14.3 In the event of failure to comply with the provisions of this article, the customer forfeits an immediately due and payable fine to MondiParts of € 5,000 per violation or per day that such violation continues, whereby any disclosure or communication to third parties or infringement of copyright protected material or reproduction or modification without written permission from MondiParts, is regarded as one violation.
Article 15. Export restrictions
The customer will fully observe national and other (including American) export restrictions with regard to goods obtained under an agreement with MondiParts and will also impose this obligation on these third parties in the event of resale or any form of making available to third parties. The customer indemnifies MondiParts against any disadvantage that it will suffer if the customer should not fulfill these obligations.
Article 16. Disputes
16.1 All agreements concluded between the parties and legal relationships arising therefrom are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.
16.2 All disputes arising from or in connection with the agreement to which these terms and conditions apply or the relevant terms and conditions themselves and their interpretation or implementation, will be settled by the competent court in Rotterdam or the competent court in the place of residence of the customer, at the option of of MondiParts, unless otherwise agreed. If MondiParts provides services for the customer, the following conditions will also apply in addition to the above conditions. In the event of any contradiction, the provisions of art. 1 to 16.
Article 17. Conclusion of the assignment
17.1 MondiParts tries in its offers to give the best possible picture of the work to be performed.
17.2 MondiParts has the right to refuse an assignment without stating reasons and is not liable for damage that arises or will arise directly or indirectly from this refusal.
17.3 MondiParts is only legally represented with regard to orders for the delivery of services by those who are entitled to do so according to registration in the trade register at the Chamber of Commerce.
17.4 As long as an offer by MondiParts has not resulted in an order, MondiParts reserves the right to deploy its capacity elsewhere.
17.5 If, in the opinion of MondiParts or in the opinion of the customer, third parties must be engaged for the order, the customer is obliged to cooperate in all reasonableness.
17.6 All contacts with engaged third parties go through MondiParts. The customer can only involve third parties in the execution of the assignment after consultation with MondiParts and cannot make independent agreements with these third parties about work.
Article 18. Early termination assignment
If MondiParts or the customer is of the opinion that the work cannot be carried out by MondiParts in accordance with the offer, the order confirmation or any further specifications, the parties will enter into consultation. If the parties do not come to an agreement each of the parties has the right to terminate the agreement prematurely with a notice period of one month, with the exception of assignments with a term of less than two months. In the event of premature termination in accordance with the previous sentence, the customer will owe MondiParts the agreed fee for services performed up to the date on which the agreement ends. If the agreement is terminated by the customer, it will also reimburse MondiParts for the costs related to reserved capacity and deployment of personnel during three months after the date on which the agreement ends.
RMA conditions MondiParts BV
These RMA Conditions apply to offers, negotiations and agreements between MondiParts as seller and its customer as buyer (the “buyer”) with regard to hardware products to be delivered by MondiParts. The general terms and conditions of sale and delivery of MondiParts also apply. In the event of a conflict between any provision in these RMA Conditions and the General Conditions, the latter shall prevail. Such a contradiction does not affect the validity of the other provisions in these RMA Conditions. These RMA Conditions include an RMA procedure scheme for: defective products (1) and wrong delivery (2).
1. Returns and RMA arrangement for defective products
1.1. A distinction is made between handling DOA, handling warranty and handling outside of warranty. Always report a defect no later than 5 days after receipt.
1.2. For products from a number of manufacturers, the customer or end user can contact the manufacturer directly for the DOA and/or warranty settlement of a defective product. This is often the simplest and fastest way to repair.
1.3. If the customer wishes to use the RMA service of MondiParts for the repair of defective products from manufacturers mentioned under 1.2, standard administration costs will be charged, in addition to repair and other costs.
1.4. Any manufacturer's warranty applies only to hardware defects. Software is never covered by warranty. MondiParts is not responsible or liable for virus detection, virus prevention or any malfunction or loss of data due to viruses, incompatibility, configuration problems, etc.
DOA (Dead On Arrival)
1.5. DOA handling only applies to products from manufacturers that have a DOA arrangement. This term is generally 5 days, unless otherwise specified by the manufacturer. In case of an accepted DOA, the customer is never entitled to more than an exchange of the defective product for a new product. Products for which there is no DOA regulation or which fall outside the DOA term will be repaired provided that they fall under the warranty conditions of the manufacturer. For all DOA arrangements, DOAs are only accepted if the products are returned complete, including all accessories, and in the original packaging.
1.6. A manufacturer's warranty period starts at the time of delivery (invoice date, delivery note or end-user invoice). With regard to defective products, most factory warranties assume repair within the warranty period; however, certain products are only exchanged for a new product or an equivalent replacement, subject to the manufacturer's warranty conditions. If during inspection it appears that the product is not a DOA or does not show a defect, the customer will be charged an examination fee. Defects caused by software or configuration problems are never covered by any warranty.
1.7. If products fall outside the warranty period or show defects as a result of improper or injudicious use (e.g. fall, moisture damage or damage caused when the defective product is sent to MondiParts), the customer will receive a written quotation for approval before repair is carried out. . If the customer does not agree to the quotation, the aforementioned research costs will be charged. The Service Pack LCD warranty is voided after installation. Test these before mounting.
1.8. To return defective products, please email firstname.lastname@example.org
1.9. With an RMA request, at least the following information must be stated:
- article number and product description, type of warranty handling (DOA, warranty or non-warranty).
- invoice number/delivery note (for DOA/guarantee provision); - Serial Number; - clear complaint description;
- If repair of the article has been agreed in advance with MondiParts, the customer must state the agreed amount of repair.
1.10. Incomplete or unclear forms will not be processed. A proof of warranty must always be enclosed with the product. Defective products that are sent without warranty will be treated as falling outside the warranty. Important: LCD screens are only handled with the box. The warranty of Service Pack LCD screens expires after pasting/mounting. Always test these before assembling. Failure to enclose a warranty card may cause a delay in handling and/or repair. No rights can be derived from the warranty settlement stated on the RMA form; the existence and scope of the possible applicable warranty will be determined as soon as possible after receipt by MondiParts of the defective product. Products can only be returned at the risk of the customer and must always be properly packaged for transport. If MondiParts receives products that are packed incorrectly, the packaging costs for the return transport will be charged. In order to prevent damage, delays in repair and other problems, the customer must take at least the following measures before returning defective products:
- the customer must make a backup of the data (MondiParts is never responsible for possible loss of data);
- the customer must ensure proper transport packaging;
1.11. Defective products must be sent to MondiParts within 7 days, stating: RMA after registration. Sheffieldstraat 39 3047AN Rotterdam.
1.12. The costs for shipping to MondiParts are for the account of the customer. Unstamped shipments are not accepted. The customer is responsible and liable for damage and/or loss during transport to MondiParts. The shipping costs of exchange or return to the customer of the repaired product are at the expense of MondiParts.
- Private label products including Tempered Glass Screen Protector, cables.
- Branded products without packaging.
- Items that can no longer be returned for hygienic reasons, such as earplugs, unless the packaging is still sealed.
- Discounted items
2. RMA arrangement wrong delivery by MondiParts
2.1. Returning products incorrectly delivered by MondiParts to the customer will only take place with due observance of the conditions below.
2.2. An RMA request must be submitted in writing by email within five (5) business days of delivery. The products to be returned must be current and salable as new, in undamaged packaging, unopened and without broken seals. Products ordered, combined or adapted at the request of the customer can never be returned.
2.3. The RMA form must be clearly visible on the outside of the transport packaging.
2.4. Products that are returned to MondiParts without an RMA number will be refused, as will unstamped shipments. After receipt and control of the products in the warehouse, the administrative processing follows and an eventual follow-up. credit note. The amount of the credit depends on the condition of the products, at the sole discretion of MondiParts.
3. Returns ordered incorrectly (as of January 1, 2022)
3.1 Incorrectly ordered products may be returned in their original condition within 2 weeks of purchase date (invoice date). The costs for a return shipment to MondiParts are for the account of the customer. We also charge administration costs of 10% of the purchase price.