General Terms and Conditions of Sale (GTCS) of Modarc Smart Home
1. Introduction
These General Terms and Conditions of Sale (GTCS) govern the contractual relations between Modarc Smart Home, a company specializing in the research, development, production, and sale of prefabricated capsule homes and container homes, and its customers.
2. Definitions
Modarc Smart Home: Refers to the company Modarc Smart Home, registered under number 55942433453, with its head office located at Smörgatan 1b 41718 Göteborg.
Customer: Refers to any individual or legal entity placing an order with Modarc Smart Home.
Products: Refers to the prefabricated capsule homes and container homes sold by Modarc Smart Home.
3. Acceptance of the GTCS
Any order for Products implies the unconditional acceptance by the Customer of these GTCS. No special condition may, unless formally and expressly accepted in writing by Modarc Smart Home, prevail over the GTCS. Any contrary condition imposed by the Customer will, in the absence of express acceptance, be unenforceable against Modarc Smart Home, regardless of when it may have been brought to its attention.
4. Orders
4.1 Order Process
Orders can be placed in writing, by phone, or via our website. Any order must be confirmed by Modarc Smart Home in writing (email or letter).
4.2 Order Modification
Any request for order modification by the Customer will only be considered if it is received in writing before the shipment of the Products and if it is accepted by Modarc Smart Home.
5. Prices
The prices of the Products are indicated in USD excluding taxes and delivery charges. Modarc Smart Home reserves the right to change its prices at any time, with the understanding that the Products will be invoiced based on the rates in effect at the time of order confirmation.
6. Payment
6.1 Payment Terms
Payment for the Products is made according to the terms defined in the proforma invoice: bank transfer, credit card, or any other payment method agreed upon by the parties.
6.2 Default in Payment
In case of late payment, late payment penalties calculated at a rate of [RATE]% of the total invoice amount including tax will be automatically and rightfully due to Modarc Smart Home, without any formality or prior notice. Moreover, Modarc Smart Home reserves the right to suspend or cancel the Customer's pending orders.
7. Delivery
7.1 Delivery Times
Delivery times are given as an indication and without guarantee. A delay in delivery cannot under any circumstances give rise to penalties or damages.
7.2 Transport and Risks
The Products travel at the Customer's risk, who is responsible, in case of damage or missing items, for making all necessary observations and confirming their reservations by extrajudicial act or by registered letter with acknowledgment of receipt to the carrier within three days of receiving the goods.
8. Reception of Products
The Customer is required to check the condition of the Products upon delivery. In case of apparent defect or non-conformity of the delivered Products, the Customer must submit their claims in writing within [TIMEFRAME] days from delivery. After this period, the Products will be deemed compliant and free from any apparent defect.
9. Warranty
Modarc Smart Home guarantees that the Products comply with the technical specifications described in the contract. The warranty does not cover defects and deteriorations caused by improper use, external accident, or modifications or repairs made by the Customer.
10. Limitation of Liability
Modarc Smart Home's liability is strictly limited to the replacement or reimbursement of non-compliant or defective Products. Under no circumstances shall Modarc Smart Home be held liable for indirect damages, loss of business, or loss of profit suffered by the Customer.
11. Force Majeure
Modarc Smart Home cannot be held liable for the non-fulfillment of its obligations in case of force majeure as defined by the applicable law.
12. Governing Law and Jurisdiction
These GTCS are governed by [Polish] law. In case of a dispute concerning the interpretation or execution of these GTCS, the parties agree to seek an amicable solution. Failing this, the courts of [Gdansk] shall have exclusive jurisdiction.
13. Intellectual Property
All technical documents provided to our customers remain the exclusive property of Modarc Smart Home, the sole holder of the intellectual property rights to these documents. Our customers agree not to use these documents in any way that may infringe on the industrial or intellectual property rights of Modarc Smart Home.
14. Confidentiality
The Customer agrees to maintain the confidentiality of all technical, commercial, or other information obtained in the course of negotiating and executing orders. This information cannot be disclosed to third parties without the prior written consent of Modarc Smart Home.
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For any questions regarding these General Terms and Conditions of Sale, please contact our customer service at: assolochbygg@gmail.com or at +46762018944.