MEC

Terms and Conditions for Projects

INCLUDED IN SCOPE OF SUPPLY

Total Project Design and Engineering
System design and construction according to all applicable CE standards
Full System Integration of all Components
Full testing of all core components at the manufacturing site
Documentation and Manuals including spare part lists (2 sets for each system in English language)
Mechanical and Electrical Drawings (Auto-CAD and E-CAD)

EXCLUDED IN SCOPE OF SUPPLY

All items that are not specifically mentioned in this proposal
Paying all duty and taxes, if applicable
Obtaining all required permits; if applicable
Preparing the site, including demolition, construction, earth work and structural modifications
Off-loading and storing components
Transferring all components to the site
Installing electrical service including power distribution, breakers, disconnects, motor starter, etc.
Delivering electrical power to the specified drops for the components
Supplying compressed air, gases and fuels at the required pressures and flows
Plumbing of air, gas, water and fuel lines to the specified drops for the components
Installing all other water lines and drains; if applicable
Provide the required permits for external workers (from MEC); if applicable

CUSTOMER’S RESPONSIBILITY

Free access to site during specific times and suitable storing area.
Ensuring uninterrupted progress during installation and testing of the equipment according to the contract overall planning.
Availability of cranes, tools and lifting tools.
All of the above customer-supplied utilities, services and activities must be properly installed or otherwise completed in a timely manner and without delays.
If the Customer, through no fault of MEC, fails to complete the site preparation tasks or other items listed above such that the installation is delayed, then MEC will be paid its final payment 45 days after shipment regardless of any prior agreements concerning commissioning of equipment, acceptance tests, or training. Further, if through no fault of MEC, a delay has occurred, then subsequent scheduling of MEC supervisors, workers or trainers will be on a best effort basis and contingent on other commitments and considerations.
Changes initiated by the Customer to drawings, scope of work, delivery schedules; equipment or performance specifications may result in additional charges. MEC will quote all such items on a change order basis subject to approval by the Customer.
MEC reserves the right to change equipment specifications without prior notice (only if these changes result in an improved design or better performance of the equipment).
MEC will specify facility requirements and tools, including materials needed for proper installation of the equipment.

DISPATCH

To ensure trouble-free installation of the equipment we will prepare general arrangement drawings for your approval if applicable. The delivery time cannot commence until we have received your full and final instructions, which includes approval of our drawings.

ACCEPTANCE CRITERIA

MEC will test the functionality of the system components to the degree possible. Special run-off criteria required by the Customer must be agreed upon prior to MEC accepting the order and would be subject to separate quotation. Prior to shipment, a milestone payment (see payment terms) is required.
It is the Customer’s responsibility to issue a formal order with a cash advance payment before MEC will accept the order and begin the commercial process of ordering the system components.
At no time prior to final acceptance are actual production parts to be run on the system. If the Customer chooses to run production parts at any time prior to that point, MEC considers this an act of final acceptance. In this event, final payment is due and payable immediately. This act closes out the installation period and begins the warranty period. Placing an order against this quotation acknowledges this condition and the Customer agrees to comply and be bound by it.
MEC shall under no circumstance be responsible for any loss or damage resulting from any cause other than breach of the stated warranty which is exclusive and in lieu of any statutory warranties.
MEC shall only be liable for damages, payments, losses, costs, expenses and liabilities incurred by Customer as a result of a breach by MEC of its obligations under this Agreement. MEC’s maximum liability arising out of or in connection with this Agreement, whether in contract, tort or otherwise (including damages resulting from product liability) shall be limited to 50 % of the total order value. MEC shall not be liable for any damages, payments, losses, costs, expenses and liabilities which are due to a failure by Customer to comply with MEC’s instructions for storage or use of any product. In no event shall MEC be liable for any consequential, indirect or exemplary damages, including but not limited to loss of profit or turnover, downtime costs or claims from Buyer’s customers for such damages. The above exclusions or limitations of liability apply not only in contract but also in tort or otherwise at law and shall apply notwithstanding any provisions to the contrary elsewhere in the Agreement.

CONDITIONS OF SUPPLY

Prices
- The prices quoted are excluding any taxes, duties and levies to be paid outside the India
- Changes initiated by the customer to drawings, scope of work, delivery schedules, equipment or performance specifications may result in additional charges.

Delivery
- The delivery of the equipment is based on Free Carrier Jodhpur – India

Packing
- Standard packing for sea/air freight included.

Delivery time
- The delivery time for the equipment described in the scope of supply is approx. ………… months after receipt of order, clarification of all technical and commercial details, and receipt of the first payment. The delivery time is counted as the time between order acceptance/receipt of first payment and the time that the system is ready for shipment. The final delivery time will be confirmed at time of order. The delivery time is subject to force majeure clause explained in point # 12

Payment
- …… % of the total contract value as advance payment by T/T alongwith order or letter of intent, whichever comes first.
- …….% paid prior to shipment by transfer of fund to our A/c or by letter of credit opened and confirmed by a reputable Indian bank. Payment is due even if the Customer is unable to accept delivery at that time. L/C terms should be confirmed by supplier.

Supervision of Commissioning / Training
- We will depute our Commissioning Team at your works on chargeable basis (already quoted) PLUS you have to bear TO & FRO AIR TICKET, LODGING AND BOARDING, LOCAL CONVEYANCE OF OUR TEAM.

Warranty
- The supplied system will be subjected to warrantee against all faults arising as a result of deficiencies in material or workmanship, which have been reported to MEC, in writing, 8 days of any such defect becoming apparent, for a period of 12 months from the date of commissioning or 16 months from delivery whichever period expires first.
- The warrantee does not include damages caused by faulty operation or maintenance, and/or normal wear and tear. MEC shall at its option, under this warranty replace or repair at its costs all defective products within a reasonable time after being notified of such defect. To View our detailed warranty clause, please visit MEC Warranties.

Law
- This contract shall exclusively be governed by the law of India. The United Nations Convention concluded at Vienna on 11th April 1980, on contracts for the International Sale of Goods is excluded. All disputes shall be exclusively determined by the competent Indian courts, district of Jodhpur, India.

Inspection
- MEC will give 2 weeks advance intimation for inspection of the equipment once they are ready. Customer should depute their authorized representative for inspecting the goods. If inspection is not carried out within 2 weeks notice period then it is treated that the goods are cleared without inspection and we shall give our inspection certificate.

Full installation of the entire system at the Customer
- Note: After order acceptance, MEC will organize a technical “Kick-Off” meeting with the Customer representatives to clarify all technical details and to discuss and present the final project specifications, lay-out drawings, Customer facility requirements, project planning and Customer pre-installation details.
- System operation and maintenance training; approx. 7 days during or after the system installation at the Customer site. Advance Robot programming training is excluded from the standard scope of supply (if required, it can be arranged on chargeable basis). Alternatively or additionally, MEC can submit a separate quotation for specific advance robot training upon request.
- Final acceptance and commissioning of the installed equipment at the Customer. After this final acceptance the warrantee period starts.
- Further special run-off criteria or development or qualification work required by the Customer must be agreed upon prior to MEC accepting the order and would be subject to separate quotation.

Validity
- This proposal is valid for acceptance up to 60 days from the date of proposal.

Force Majeure

Force Majeure means any circumstances beyond the control of the Parties, as there are for instance:
- act of God, war,(whether declared or not) and other hostilities invasion, act of foreign enemies, mobilization, requisition;
- rebellion, revolution, insurrection, military or usurped power, civil war floods, earthquakes, new serious embargoes imposed after the signing date of the contract, epidemics, quarantine restrictions and explosions
Any delays in or failure of performance by a Party to this CONTRACT shall not constitute default hereunder or give rise to any claims for damage against the said Party if and to the extent caused by any circumstances of Force Majeure, arising without any fault or neglect of that Party and which could not be avoided by reasonable control and measure of the Party claiming Force Majeure.

In the event of Force Majeure, the Party intending to rely of disclaiming liability for any delay in or failure of performance hereunder shall, within 15 (fifteen) days from the occurrence of the Force Majeure event notify the other Party in writing, and both parties shall consult and agree upon appropriate measures to be taken in order to eliminate, mitigate and minimize the unfavorable consequences of such Force Majeure.

If circumstances of Force Majeure shall continue for a period of more than six (6) months, then an extension of another 90 days may be granted to the affected Party if the Party so requires and the event of Force Majeure still exists. Either after the six (6) months time or after the extended period of time has expired, as the case may be, both parties shall meet, within 45 (forty five) days after expiration of the said period of time – but taking into consideration a necessary extension of these 45 days due to the prevailing conditions – at a place to be agreed upon and consult each other how to proceed. If no mutual agreement is reached, either Party shall be entitled to serve upon the other 28 (twenty eight) days notice to terminate the CONTRACT.

METALLIZING EQUPMENT CO.

Prices

Delivery

Packing

Delivery time

Payment

Supervision of Commissioning / Training

Warranty

Law

Inspection

Full installation of the entire system at the Customer

Validity

Force Majeure