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Milectria Oy

General terms and conditions of sale Milectria 06/2015
Definitions and applicability

In these General Terms and Conditions of Sale Milectria Oy is hereinafter referred to as “MILECTRIA”, “Purchase Order” means the Purchase Order confirmed by MILECTRIA and “Purchaser” means a firm or company named as the Purchaser in the Purchase Order and “Products” are the subject of the Purchase Order. A “Quotation” means a fixed offer from MILECTRIA to the Purchaser for the purpose of selling and delivering Products to the Purchaser. MILECTRIA and the Purchaser are hereinafter referred to as the “Party” or “Parties”, individually or collectively. These General Terms and Conditions of Sale shall be applied between the Parties unless otherwise agreed in writing.

Quotation

A written Quotation is valid for 30 days unless otherwise noticed or agreed.

Terms of delivery

Planned delivery time is always based on working days according Finnish calendar business days.
The term of delivery is FCA at the registered warehouse address of Milectria Finland (Incoterms 2010).
The Products are packed in accordance of MILECTRIA’s customary practice.
The Purchaser has no right to deny partial deliveries of the Purchase Order. In case partial deliveries, MILECTRIA shall also be entitled to invoice the Purchaser according to the partial deliveries.
The delivery of Products is considered as received and accepted by the Purchaser unless notified to MILECTRIA within 7 calendar days from the delivery.
In case where the Purchaser has failed to fulfill earlier payments or other duties, MILECTRIA has right to postpone or cancel deliveries of already agreed Purchase Orders.

Delivery time

The delivery time is specified in the Quotation or Purchase Order. MILECTRIA shall not be liable for any damages or losses arising out of delay. The Products can be delivered in one or more installments.

Passing the risk, passing the property

The risk of loss or damage of Products shall pass to the Purchaser in accordance with any agreed delivery term in force at the date of the Purchase Order.
The Products shall remain the property of MILECTRIA as legal and equitable owner and no property in or title to the Products shall pass to the Purchaser until their full price has been duly paid to MILECTRIA. The Purchaser is obliged to store the Products until passing of property in a way that the Products can be identified as owned by MILECTRIA and when needed Products are returnable to MILECTRIA.

Warranty

MILECTRIA warrants that the Products will be free from defects in material and workmanship under normal use. MILECTRIA’s obligations under this warranty shall be discharged, at its option, by repairing, replacing, or giving credit for defective Products. MILECTRIA’s liability is limited to defects, which appear within a period of 12 months from the delivery of the Products. MILECTRIA shall accept the returns only if MILECTRIA has particularly given consent in advance to the Purchaser. All defective Products shall be sent to MILECTRIA. The Products must be packed and protected in a sufficient way against transportation risks. After the defect has been remedied by MILECTRIA, the Products shall be returned to the Purchaser. The warranty shall not extend to Products, which are handled, after their acceptance, in an improper manner, including but not limited to bad maintenance, assembly or disassembly or repairs by the Purchaser, or not in conformity with the instructions recommended by MILECTRIA. In addition the warranty does not cover normal wear and tear or deterioration.MILECTRIA warrants that the Products will be free from defects
in material and workmanship under normal use. MILECTRIA’s obligations under this warranty shall be discharged, at its option, by repairing, replacing, or giving credit for defective Products. MILECTRIA’s liability is limited to defects, which appear within a period of 12 months from the delivery of the Products. MILECTRIA shall accept the returns only if MILECTRIA has particularly given consent in advance to the Purchaser. All defective Products shall be sent to MILECTRIA. The Products must be packed and protected in a sufficient way against transportation risks. After the defect has been remedied by MILECTRIA, the Products shall be returned to the Purchaser. The warranty shall not extend to Products, which are handled, after their acceptance, in an improper manner, including but not limited to bad maintenance, assembly or disassembly or repairs by the Purchaser, or not in conformity with the instructions recommended by MILECTRIA. In addition the warranty does not cover normal wear and tear or deterioration.MILECTRIA warrants that the Products will be free from defects
in material and workmanship under normal use. MILECTRIA’s obligations under this warranty shall be discharged, at its option, by repairing, replacing, or giving credit for defective Products. MILECTRIA’s liability is limited to defects, which appear within a period of 12 months from the delivery of the Products. MILECTRIA shall accept the returns only if MILECTRIA has particularly given consent in advance to the Purchaser. All defective Products shall be sent to MILECTRIA. The Products must be packed and protected in a sufficient way against transportation risks. After the defect has been remedied by MILECTRIA, the Products shall be returned to the Purchaser. The warranty shall not extend to Products, which are handled, after their acceptance, in an improper manner, including but not limited to bad maintenance, assembly or disassembly or repairs by the Purchaser, or not in conformity with the instructions recommended by MILECTRIA. In addition the warranty does not cover normal wear and tear or deterioration.

Prices

Unless otherwise specified, VAT and any other tax or duty payable by the Purchaser shall be added to the price.
The prices shall be expressed and the payments shall be made in Euros unless another currency has been agreed on in writing by the Parties. In case the price is agreed in other currency than EUR and the change in the exchange rate is more than +/- 5 % MILECTRIA reserves the right to correct the price of the Products. Change is determined between the date of delivery and the date of Purchase

Terms of payment

The Purchaser shall pay the Products delivered to it, or which will be delivered to it, against an invoice sent by MILECTRIA or by Credit Card payment via Military Quick Stock (MQS) webstore. Payments shall be made by Credit Card, or within 14 days, or what is written in Quotation, of the date of the invoice.
The interest for the delayed payments from the day on which the payments were due shall be based on the Finnish Interest Act. The Purchaser must do any notices of the invoice within 8 days of the date of the invoice. In case of late payment MILECTRIA may, after having notified the Purchaser in writing, suspend any and all of the subsequent deliveries until it receives the payment in full.
MILECTRIA has right to require a partial or full pre-payment in order to deliver the Products of the Purchase Order.

Purchaser's credit information

Milectria has a right, when making agreement with Purchaser or during contractual period, to check Purchaser’s credit information. If any deficiency or payment defaults will be found upon checking process or during the contractual period, Milectria has a right to change payment terms or to require Purchaser to arrange approvable quarantee or prepayment to secure Milectrias sales incoming.

Payment Service Provider

Paytrail Plc acts as a collecting payment service provider and is an authorized Payment Institution. Paytrail Plc will be shown as the recipient on your bank or credit card statement. Paytrail Plc will forward the payment to the merchant. For reclamations, please contact the website the payment was made to.

Paytrail Plc
Innova 2
Lutakonaukio 7
40100 Jyväskylä
Phone: +358 207 181 830
Business ID 2122839-7

Title to documentation

Copyright and title to all drawings, technical documents and other documentation related to the Products, which have been delivered by MILECTRIA to the Purchaser in whatever form, shall remain to MILECTRIA.
11 Intellectual Property Rights
All intellectual property rights (including trade marks) related to the Products that are the property of MILECTRIA shall remain the property of MILECTRIA.

Force majeure

A Party shall be released from liability arising out of non-fulfilling of a contractual responsibility in case the non-fulfillment is due to an event of force majeure. A ground for relief from liability includes any of the following reasonably unexpected events when it prevents one of the Parties from fulfilling its obligations in whole or in part, account being taken of fires, floods, earth quakes, war, whether declared or not, embargo and any other unforeseen event which temporarily or permanently prevents it from fulfilling its contractual obligations in whole or in part. In such situation the time for the fulfillment of contractual obligation shall be prolonged maximally with the time that the other Party has been hindered from fulfilling its contractual obligation for such a reason as can be proven. Notwithstanding the aforesaid, the due payments for MILECTRIA shall be paid immediately after the force majeure situation has ended.
In case the event of force majeure lasts longer than 3 months both Parties have the right to cancel and terminate the transactions and neither Party has the right to demand compensation from the other Party for such termination.

Limitation of liability

MILECTRIA shall not be liable for any damage to property caused by the Products after they have been delivered and whilst they are in the possession of the Purchaser.
IN NO EVENT WHATSOEVER SHALL MILECTRIA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FROM LOSS OF USE, OR LOST PROFITS.
MILECTRIA’s liability for any claim of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from the sale, repair or use of any Products covered by or furnished hereunder, shall in no case exceed price of the Products or part thereof which gives rise to the claim.

Applicable law and arbitration

These General Terms and Conditions of Sale and any Purchase Order shall be governed by and interpreted in accordance with the laws of Finland without regard to its conflict of laws principle. Any dispute arising between the Parties out of or in connection with these General Terms and Conditions of Sale and any Purchase Order shall be submitted to arbitration by single arbitrator, conducted in accordance with the arbitration rules of the Central Chamber of Commerce of Finland. Any such arbitration shall take place in Tampere, Finland in the Finnish language.
Notwithstanding the foregoing, MILECTRIA shall be entitled at its option and sole discretion to have recourse to the general courts having jurisdiction on claims arising out of matured debts in case the value of the dispute or MILECTRIA’s demand is not more than EUR 50.000. An arbitration clause does not prevent MILECTRIA from requesting interim or conservatory measures from the competent general courts.