Terms and Conditions

These General Terms and Conditions of Sales and Delivery apply to the sale of the products of Oy Mar-Con Polymers Ltd (hereafter vendor). If these Terms and Conditions are referred to at least once in a contract between the parties, they are considered accepted and applicable for any later transaction. If these Terms and Conditions contradict what is specifically agreed elsewhere in a written form, the specifically agreed written contract is adhered to.

• TECHNICAL DRAWINGS
  All the technical drawings for moulds and samples produced by the vendor and all the materials pertaining to them, which the vendor may have given to the buyer before or after the signing of the contract, remain the property of the vendor. If the vendor is sent a sample and a technical drawing pertaining to the business transaction, the drawing is decisive.
  
  
• DESIGNS, MOULDS, OTHER TOOLS and PRODUCT SAMPLES
  If the production of a piece necessitates a mould, a mandrel or similar, the cost of the tool is charged to the buyer. When the tool has been paid, it becomes the property of the buyer, but remains exclusively under the vendor’s control at their premises where it is kept and maintained for the buyer without a separate charge as long as it is being used in production. When the tool, due to natural wear and tear, no longer yields an acceptable level of quality, the cost of repairs is charged to the buyer, as agreed.
  
  If the buyer does not order the product within twelve (12) months of the date the procurement of the tool was agreed, or if three (3) years have lapsed since the product was last manufactured, the vendor has a right to scrap the tool, but has to inform the buyer before doing so.
  If the buyer wants the vendor to keep a mould longer than the period mentioned above, the vendor is entitled to compensation for keeping and insuring the mould. The buyer’s moulds and tools are not used for any work for other parties without the buyer’s consent. The tools are invoiced with the first delivery. Upon agreement, more expensive tools can be invoiced in instalments:
  € 1/3 with the order confirmation
  € 1/3 with the sample delivery
  € 1/3 with the first batch delivery
  Payment must be made in accordance with the payment terms in point 13. Samples sent to the vendor are destroyed two months after their arrival unless the vendor has received written notification requesting their return. If the vendor has delivered samples and the buyer has accepted them, the vendor is not liable to indemnify any delivered goods, as long as they are consistent with the approved samples.
  
  
• PARTS TO BE CONNECTED TO THE PRODUCT
  Metal parts to be gummed must be delivered to the manufacturer freight paid up to 10% over the ordered amount. The metal parts must be made to the agreed measurements with such tolerances that they fit the moulds. The buyer is liable to the vendor for faults or costs arising from delays in the delivery of the metal parts.
  
  
• CONFIDENTIALITY OF INFORMATION
  Regarding products owned by the vendor, all the samples, technical drawings, models and know-how given to the buyer by the vendor pertaining to these products and their manufacture remain the property of the vendor and must not be used, copied, duplicated, transferred or disclosed to a third party. Without prior written consent from the vendor, the buyer has no right to disclose to a third party any technical or commercial information pertaining to these products.
  
  
• ORDER CONFIRMATION AND CONTRACT
  The vendor reserves the right to accept or reject each order. The vendor gives his acceptance with an order confirmation, after which the tender, commitment or contract pertaining to the sale and/or delivery of the products is binding on the vendor.
  
  If the contractual documents contain contradictions, the documents are prioritised as follows:
  
  1) Order confirmation
  2) Order
  3) Tender
  4) These terms and conditions
  
  
• PRODUCT INFORMATION
  Any information contained in brochures and marketing material is only indicative and not binding on the vendor.
  
  
• DELIVERY AND DELIVERY TIME
  Unless otherwise stipulated in the order confirmation, the products are delivered to the buyer Ex Works Äetsä (Incoterms 2000). The delivery time stated in the tender and the order confirmation is binding, except in the case of a force majeure.
  
  Standard products are delivered in accordance with the volumes stated in the packages.
  
  The delivered volume of products manufactured on the basis of the buyer’s technical drawings, models or other criteria, may differ by ten (10) per cent from the volume stated in the order confirmation. Invoicing is based on the actual volume delivered.
  
  The delivery time is considered extended by a period equivalent to the delay, if the buyer has not made payments or provided assurance of payment when requested, or if the vendor has not in good time received the technical information necessary for the delivery period or if necessary licences and permits have not been obtained within the requested period, or the vendor has refused to receive or has not been able to receive the delivery at the time originally agreed or had not made the arrangements or preparations necessary for the vendor to fulfil his obligation or if the buyer requests an amendment to the delivery which causes a delay.
  
  
• DELAYED DELIVERY
  The vendor must notify the buyer immediately if it is evident that the delivery cannot be made within the agreed timetable. Likewise, the vendor must inform the buyer when he expects to be able to fulfil his obligation.
  The buyer is entitled to compensation from the vendor for the immediate costs caused by the delay, not exceeding the agreed value of the delivery. The vendor is not liable for any consequential losses incurred by the buyer. Furthermore, the buyer has a right to terminate the contract if the delay was of material significance to the buyer. Significance is defined as material, if
  
  a) it was expressly stated when the contract was drawn up that the delivery must take place precisely on the agreed date, or
  
  b) if the contract or other circumstances known to the vendor expressly indicate that the buyer has no use for the ordered product after a certain date, and the delivery does not take place before that.
  
  The buyer is not entitled to compensation from the vendor for other additional costs nor has a right to terminate the contract if the delivery was delayed due to deficiencies or delays in the material supplied by the buyer or due to some other reason caused by the buyer.
  
  
• INSPECTING DELIVERY
  The goods are inspected in the standard manner by the vendor, unless otherwise agreed. However, this does not exempt the buyer from his responsibility to inspect the delivery without delay. The buyer must notify the vendor within five (5) days of the receipt in written form of any faults or deficiencies in the goods he has received; otherwise the vendor loses his entitlement to compensation for any fault of deficiency. Any damages during transportation must be immediately made known to the carrier and the vendor.
  
  
• PRICES
  The prices quoted by the vendor are exclusive of VAT, unless otherwise stated in the order confirmation. The prices quoted in the vendor's price list are not binding as they are based on the daily rates of the factory, on exchange rates, customs duties and other import duties at the moment of their ratification, and due to their changing nature and the varying order volumes, the vendor reserves a right to confirm the price of the delivery.
  The validity period of the tender is stated in each tender.
  A tender becomes binding on the vendor only after the buyer’s order has been confirmed. Restrictions or commercial benefits in the order that are contrary to these Terms and Conditions are only valid if the vendor has accepted them in writing. If the buyer does not immediately comment on the vendor's order confirmation, it is considered accepted in its entirety. The realisation of the business transaction presupposes access to the necessary licences and permits. The factory packaging is included in the price. If additional packaging is required for transportation, it is invoiced at cost and the packages are not refundable.
  
  
• GUARANTEE AND RETURNS
  If the product sold has a separate quality guarantee, the vendor will repair, exchange or refund any faulty products within six (6) months of their delivery, unless the fault is partly or entirely due to the buyer, i.e. misuse of the product or similar. The guarantee presupposes that the purchase price has been paid in accordance with the terms and conditions of the contract.
  In situations covered by the guarantee, the vendor will only be liable for the return costs if the mode of transportation used is that indicated by the vendor. In addition to what has been said above, the guarantee does not cover any other potential damages or costs to the buyer arising from the fault or its repair.
  
  
• LIMITATION OF LIABILITY
  The vendor does not assume any liability for faults in the product arising from incorrect use or use in conditions other than those stipulated in the contract. Consequently, the guarantee does not cover faults arising from the buyer’s inadequate maintenance or incorrect installation, alterations made without written consent by the vendor, incorrectly performed repairs and normal wear and tear. The vendor’s liability regarding the faults or deficiencies in the product is limited to repairing these faults and deficiencies, and the vendor is not liable to compensate the buyer for bodily harm or material damages not pertaining to the delivery, nor for lost profit, production downtime or other consequential damage.
  
  
• PAYMENT TERMS
  The buyer must make payment no later than 14 days from the date of the invoice, unless otherwise agreed in written form.
  If the payment is delayed, the vendor is entitled to interest on arrears from the due date onwards, as stated in the contract. If the buyer does not pay the outstanding amount within two (2) months from the due date, the vendor can terminate the contract by notifying the buyer in writing. The vendor is then entitled to compensation from the buyer for the costs and damages caused by the termination of the contract.
  
  

• MINIMUM ORDER VALUE

  The minimum order value to be delivered is € 100 for deliveries in Finland and € 200 for deliveries outside Finland . This term neither applies to trial or sample batches nor the Contract Customers .

  
  
• RIGHT OF OWNERSHIP
  The ownership of all the products remains with the vendor until the entire product has been paid for.
  The vendor has a right to take legal action regarding non-payment after the due date even if the ownership of the goods has not been transferred to the buyer.
  
  
• LIABILITY IN DISPUTES ON INDUSTRIAL PROPERTY RIGHTS
  The buyer alone is liable for making sure that the products he has ordered from the vendor do not infringe any patent rights, trade marks, copyrights of design or other industrial property rights of a third party. In such cases, the buyer is liable for compensating for any costs or damages. For the products marketed by the vendor, the liability rests with the vendor.
  
  
• TOLERANCES, FINISHES, FLASH REMOVAL
  Regarding tolerances of and flash removal from moulded goods, the provisions of ISO 3302-1 are adhered to. The dimensional tolerance classification for moulded goods is M3 and the flash classification X3, unless otherwise agreed.
  
  
• FORCE MAJEURE
  The vendor is not under any obligation to fulfil the terms and conditions of the contract if, after the contract is drawn up, unexpected circumstances beyond the vendor’s control prevent the delivery of the product or a part thereof. Such circumstances include the refusal of a licence or permit, industrial disputes, fire, war, unexpected military costs, requisition, confiscation, exchange restrictions, uprising and civil commotion, lack of transportation, general lack of materials, rejection of large pieces of work, lack of labour, restrictions on power and subcontractors' faulty deliveries.
  
  
• APPLICABLE LAW
  This business transaction is governed by and interpreted in accordance with the laws of Finland.
  
  
• RESOLVING DISPUTES
  Any disputes regarding the business transaction and the interpretation of the terms and conditions of the contract, which cannot be otherwise resolved, are subject to the jurisdiction of the vendor’s forum domicilii, if the vendor so requests.