Scope and application
These Terms and Conditions of Sale ("Conditions") apply to the supply of equipment, spare parts and related services by Maxing Project Ltd to business customers. They apply to the exclusion of any other terms you seek to impose, unless we agree otherwise in writing.
Where we resell products of KNOLL Maschinenbau GmbH or LIQUIDTOOL Systems AG, the manufacturer's warranty and product terms also apply and take precedence for those products where they conflict with these Conditions.
These Conditions are for business-to-business sales. Sales to consumers are governed by mandatory consumer law and are not concluded on these terms.
Quotations and formation of contract
- Quotations are valid for 30 days unless stated otherwise, and are subject to availability.
- A contract is formed only when we confirm your order in writing (order confirmation or invoice).
- The specification, quantity, price and delivery date in our written confirmation prevail over any earlier discussion.
- We may decline an order, or cancel an accepted order if a product is withdrawn or a legal restriction applies, without liability beyond refunding any amount already paid for it.
Prices, taxes and currency
Prices are exclusive of VAT, duties and delivery unless stated otherwise, and are quoted in the currency shown in the quotation. We may adjust prices before we confirm an order to reflect changes in manufacturer prices, exchange rates or taxes.
Payment terms
Unless agreed otherwise, invoices are payable within 30 days of the invoice date. Amounts not paid when due may carry interest at the statutory rate for late payment, and we may suspend further deliveries and require payment in advance.
Delivery, risk and title
- Delivery dates are estimates unless expressly agreed as binding.
- Risk passes when the goods are handed to the carrier or to you, as agreed in the contract.
- Title in the goods passes only when we have received payment in full. Until then we retain title, and you must store the goods so they can be identified as ours.
- You must inspect the goods on delivery and note any visible damage with the carrier.
Warranty and defects
The warranty period and scope are those agreed in your contract and, for KNOLL and LIQUIDTOOL products, those of the manufacturer. To make a claim, notify us promptly in writing with photographs, measurements and the operating conditions.
Excluded from warranty are:
- wear parts and consumables;
- defects caused by improper installation, use, maintenance or unsuitable media;
- damage in transit where risk has passed to you and the carrier was not notified;
- goods modified or repaired by anyone other than us or an authorised party.
Limitation of liability
Nothing limits liability that cannot be limited by law. Subject to that, our total liability for a contract is limited to the value of the goods or services in that contract, and we are not liable for indirect or consequential loss, loss of production, loss of profit or loss of data.
Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural events, war, industrial action, failure of suppliers or carriers, and regulatory action. Delivery dates affected by such events are extended accordingly.
Export control and sanctions
You are responsible for complying with applicable export-control and sanctions laws, including obtaining any required licence. We may refuse, suspend or cancel an order where performing it would breach those laws.
Governing law and disputes
These Conditions are governed by the laws of the Republic of Bulgaria. Disputes are subject to the courts of Plovdiv, Bulgaria. Before starting proceedings the parties will try to resolve the matter in good faith.
Contact
For contractual matters, email office@maxingproject.bg.