Acceptance
The acceptance of your order for a Product is expressly conditioned to the acceptance of the Buyer of all of the terms and conditions included in this document and in any package, commercial invoice, user manuals and or datasheets from dmq that in its whole will constitute a complete contract between parties. In the case of inconsistencies between the terms and conditions established in this document and the contents of any package, user manual or datasheet from dmq, these terms and conditions will prevail. All that has been mentioned herein replaces a purchase order from the Buyer or other forms of purchase, should there be any, and DEMEQ S.R.L. rejects, does not agree and is not subject to any terms and conditions included in the purchase order from the Buyer or other forms of purchase. In the event that dmq does not oppose specific provisions included in the forms submitted by the Buyer this does not mean and will not be considered acceptance of those provisions or resignation of the terms and conditions from dmq. Unless the Buyer notifies dmq in writing within ten days from the invoice date of any objection to the terms and conditions of dmq, acceptance of the buyer for all of the dmq terms and conditions will be assumed.
Title and risk of loss
The title and the risk of loss or damage of the Product will go to the Buyers plant Exworks dmq.
Payment terms
Payment terms are shown in the commercial invoice and will be effective on the date of the commercial invoice. All amounts are expressed in United States dollars. Payments can be made with Master Card, Visa, Discover, American Express, certified check, electronic wire transfer or a company check. Any unpaid amount will result in a 1,5% monthly interest from and after the effective payment due date.
Taxes and fees
When required by law, dmq will charge federal, state and or local taxes as well as other taxes as requested by the Buyer. Taxes are added to the purchase price of the Product that is subject to a purchase order. The Buyer will send the correct tax unless it is tax exempt and dmq gets a signed copy of the tax certificate exemption to be filed. In the event that dmq does not get paid on a required tax, the Buyer will be responsible for payment directly to the corresponding fiscal authority.
Limited warranty and only resource
dmq offer a 5 years limited warranty on Products only against defects in workmanship or components under normal conditions of use from the date of purchase unless otherwise mentioned in user manuals or dmq datasheets. The shipping cost to return the Product is always paid by the Buyer and we do not accept collect shipments. If after inspecting the Product dmq determines, at is sole criteria, that the Product has defects in workmanship o material, the Product will be repaired and or replaced at the sole discretion of dmq. The warranty is null if the Product was opened. In the event that a dmq Product be considered defective, the only resource for the Buyer is to return the Product with proof of purchase to dmq. THIS WARRANY IS ONLY FOR THE BENEFIT OF THE BUYER AND REPLACES ANY OTHER WARRANTY AND REPRESENTATION WHETHER ORAL, IN WRITING, EXPRESS, IMPLICIT OR LEGAL, INCLUDING BUT NOT LIMITED TO ANY IMPLICIT WARRANTY OR OF COMMERCIAL PURPOSE. DMQ DOES NOT OFFER A WARRANTY ON PRODUCTS THAT IT DOES NOT MANUFACTURE AND WHERE IT ACTS MERELY AS A DISTRIBUTOR. SO FOR RESALE PRODUCTS, THE ONLY WARRANTY FOR THE BUYER,IF ANY, WILL BE OFFERED, IF AVAILABLE, BY THE MANUFACTURER OF THE PRODUCT.
Limted responsibility
UNDER NO CIRCUMSTANCE WILL DMQ, ITS DIRECTORS AND OR THE DMQ STAFF BE RESPONSIBLE FOR ANY INDIRECT DAMAGE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY, INCLUDING, WITHOUT LIMITATION, ECONOMICAL LOSSES, BENEFITS LOSSES, LOSS OF CLIENTS, REGARDLESS OF WHETHER DMQ WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FAILURE OF THE SPECIFIC ESSENCE OF ANY LIMITED RESOURCE. THE MAXIMUM RESPONSIBILITY OF DMQ IS FOR THE PRICE OF THE PRODUCT AQUIRED BY THE BUYER REGARDLESS OF ANY FORM OF LEGAL ACTION OR OTHERWISE INITIATED BY THE BUYER.
mascot.