General Terms and Conditions of Sale

These General Terms and Conditions of Sale (“Terms”) govern all sales transactions between Mondist doo (“Supplier”) and its customers (“Customer”), including system integrators operating in various countries. By placing an order with the Supplier, the Customer agrees to be bound by these Terms.

  1. Definitions
  • Supplier: Mondist doo, the Value-Added Distributor of IT products and services.
  • Customer: The system integrator or end-user purchasing products or services from the Supplier.
  • Products: IT hardware, software, and related services sold by the Supplier.
  • Agreement: The contract formed when the Supplier accepts the Customer’s order, incorporating these Terms.
  1. Scope

These Terms apply to all sales made by the Supplier unless expressly superseded by a written agreement signed by both parties. Any conflicting terms in the Customer’s purchase order or other documents are expressly rejected.

  1. Orders and Acceptance

3.1 Order Placement: Orders must be submitted in writing, specifying the Products, quantities, delivery address, and any other relevant details.

3.2 Order Acceptance: An order is binding only upon the Supplier’s written confirmation or shipment of the Products.

3.3 Modifications: Changes to confirmed orders are subject to the Supplier’s approval and may incur additional costs.

  1. Pricing and Payment

4.1 Prices: Prices are quoted in [currency] and are exclusive of taxes, duties, shipping, and handling charges unless otherwise stated.

4.2 Payment Terms:

  • Payment is due within number of days stated in invoice, from the invoice date, unless otherwise agreed in writing.
  • Late payments are subject to a 3% monthly interest charge, or the maximum allowed by law.

4.3 Taxes and Duties: The Customer is responsible for all applicable taxes, duties, and levies unless the Customer provides valid exemption documentation.

  1. Delivery

5.1 Shipping Terms: Delivery is made according to Incoterms stated in invoice  [e.g., EXW, FOB, DDP] unless otherwise specified.

5.2 Delivery Dates: Estimated delivery dates are non-binding. The Supplier is not liable for delays beyond its reasonable control, including force majeure events.

5.3 Risk and Title: Risk of loss passes to the Customer upon delivery as per the agreed Incoterm. Title to the Products remains with the Supplier until full payment is received.

  1. Inspection and Acceptance

6.1 Inspection: The Customer must inspect the Products upon delivery and notify the Supplier of any defects or discrepancies within 3 days.

6.2 Acceptance: If no notification is received within the inspection period, the Products are deemed accepted.

  1. Warranty

7.1 Supplier Warranty: The Supplier warrants that the Products will conform to the manufacturer’s specifications at the time of delivery.

7.2 Exclusions: The Supplier makes no warranty beyond the manufacturer’s warranty. The Supplier is not liable for:

  • Damage caused by misuse, improper installation, or unauthorized modifications.
  • Compatibility issues not disclosed by the Customer prior to purchase.

7.3 Warranty Claims: Warranty claims must be submitted in accordance with the manufacturer’s policies and procedures.

  1. Limitation of Liability

8.1 The Supplier’s liability for damages arising from any sale is limited to the purchase price of the affected Products.

8.2 The Supplier is not liable for indirect, incidental, or consequential damages, including loss of profits, revenue, or business opportunities.

  1. Intellectual Property

The sale of Products does not grant the Customer any license or rights to the Supplier’s or manufacturer’s intellectual property beyond those explicitly provided by the manufacturer.

  1. Compliance with Laws

The Customer agrees to comply with all applicable laws and regulations, including export control laws, anti-corruption laws, and data protection laws, in connection with the purchase, use, and resale of Products.

  1. Termination

11.1 The Supplier may terminate any order or agreement if the Customer:

  • Fails to make payment when due.
  • Breaches these Terms or any other agreement with the Supplier.

11.2 Upon termination, all amounts owed by the Customer become immediately due and payable.

  1. Force Majeure

The Supplier is not liable for delays or failure to perform due to causes beyond its reasonable control, including natural disasters, pandemics, acts of government, labor disputes, or supply chain disruptions.

  1. Governing Law and Jurisdiction

These Terms are governed by the laws of the country where Supplier’s company is registered, without regard to its conflict of law principles. Any disputes will be resolved in the courts of Commercial Court of the country where Supplier’s company is registered.

  1. Confidentiality

The Customer must maintain the confidentiality of all non-public information disclosed by the Supplier and use it only for the purposes of the Agreement.

  1. Miscellaneous

15.1 Entire Agreement: These Terms, along with any order confirmation, constitute the entire agreement between the parties.

15.2 Amendments: These Terms can only be amended by a written agreement signed by both parties.

15.3 Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

15.4 Assignment: The Customer may not assign its rights or obligations under these Terms without the Supplier’s prior written consent.

Acknowledgment

By placing an order with the Supplier, the Customer acknowledges and agrees to these General Terms and Conditions of Sale.