General Terms of Sale
Conditions Of Use And General Terms Of Sale
The Agreement between Customer and MTA DISTRIBUTION is subject to availability of the Products to be supplied. No other terms apply to the Agreement unless either agreed in writing or agreed orally and confirmed by a replacement Sales Order delivered to Customer by hand or by electronic mail. For custom made or custom fit Products such as kitchen or closet cabinetry, facades projects or other custom made or custom fit products (“Custom Orders”) a separate agreement may apply.
Price And Payment.
Unless stated otherwise, all prices quoted are exclusive of sales and use taxes which shall be added (if applicable) at the prevailing rate. All prices quoted are also exclusive of freight and delivery fees, unless otherwise stated. The Sales Order sets out the price and terms for payment and the amounts of any deposits. A fifty percent (50%) deposit is required to reserve the items on an order and payment in full must be received prior to scheduling delivery. In case of Special Orders and Custom Orders, unless otherwise agreed, hundred percent (100%) payment shall be required to place an order.
During Annual Sales or other promotional sales, payment in FULL is required for ALL Products to qualify for sale pricing.
A payment shall be considered effected when it is available for MTA DISTRIBUTION. In the case of checks, payment shall be deemed effective when such checks have been cashed. The payment terms are fundamental to the Agreement and any breach of those terms by the Customer terminates the Agreement.
Review Your Order.
Customer shall confirm that the Sales Order contains full and accurate information of the ordered Products, especially Product, price, quantity, payment and delivery information. MTA DISTRIBUTION assistance during the purchase process is based on the information the Customer provides. It is the Customer’s responsibility to provide MTA DISTRIBUTION with accurate information. MTA DISTRIBUTION shall not be liable for any mistake arising from inaccurate or incomplete information provided by the Customer. Customer should verify quantities, dimensions, site conditions and other requirements with its installer before ordering, where necessary.
MTA DISTRIBUTION will provide the Customer with an ESTIMATE of arrival of the Product. Once the Product is ready for delivery, MTA DISTRIBUTION or the delivery company will inform the Customer and provide him/her with the available delivery dates. MTA DISTRIBUTION will make its best efforts to reach the estimated date but the actual delivery date could exceed it due to circumstances beyond MTA DISTRIBUTION’s control. Notwithstanding the above, Customer may always be able to reach MTA DISTRIBUTION for re-schedules and questions about the status of the order. MTA DISTRIBUTION will always do its best to satisfy the Customer.
Customer is responsible to provide MTA DISTRIBUTION with a valid and accurate shipping address. Once delivery is confirmed, any failure by Customer to abide by the delivery schedule will result in re-scheduling fees to Customer. In the event MTA DISTRIBUTION makes a delivery attempt that Customer fails to receive, Customer shall assume the extra cost of the failed delivery in addition to the valid one.
Deliveries are to curbside, driveway or a garage/secured area only if accessible by pallet jack and unless otherwise noted in the Sales Order. If previously required by MTA DISTRIBUTION, Customer shall also be responsible to be equipped with a forklift and a dock. MTA DISTRIBUTION does not clean or remove trash or packaging after delivery.
Delivery fees change depending location. Inside delivery service may be purchased at an additional cost that will be quoted per job.
MTA DISTRIBUTION is not responsible for damages to items that were not properly removed prior to the delivery arrival. The delivery crew is not authorized or insured to move items other than the Product being delivered. The delivery crew is not authorized or insured either to mount or drill any items on your wall, nor to connect or disconnect any media equipment.
Customer is responsible to make sure that the access to the site into which the items are to be fitted is sufficient for the size of the Products purchased and to modify the premises if necessary. If upon delivery the Product does not fit, the customer will still be responsible for the delivery fee. Customer must also provide the delivery vehicle with reasonable access to park and deliver, or give MTA DISTRIBUTION sufficient notice for reasonable arrangements for making deliveries.
Customer agrees to sign a delivery note as proof of delivery.
24 hours’ prior notification is required to schedule a pick-up in MTA DISTRIBUTION’s warehouse.
MTA DISTRIBUTION shall not be liable for any reasonable delay in performance or failure to perform which is attributable to any cause beyond its immediate control, including, but not limited to, acts of God, ﬁre, or other catastrophes, strikes, civil disobedience, military acts fabrication delays, inability to obtain Items, or transportation delays. Hence, MTA DISTRIBUTION shall not be responsible for any labor charges, installation, or other consequential losses or incidental damages arising from such delays.
It is Customer’s responsibility to inspect the Products upon delivery or when picking up to ensure that they are in a satisfactory condition without any obvious damage and delivered in the quantities exhibited on the order. Damages shall be reported as indicated below.
Check Before Installing.
Upon delivery, Customer shall make sure all items are in satisfactory condition before installing them. Any damaged, incorrect or missing merchandise must be reported as indicated below. To the extent permitted by law, MTA DISTRIBUTION will not be responsible for any losses incurred if Customer does not adhere to this.
If a surrogate receives the merchandise on the Customer’s behalf, Customer is still responsible to make sure all items are in satisfactory condition.
Risk Passes On Delivery.
Once the Products have been delivered by MTA DISTRIBUTION to the Customer or its representative, the responsibility for the Products passes from MTA DISTRIBUTION to the Customer including, without limitation, the risk of them becoming lost or damaged.
Some Products have variations of shading, size and finish which shall not be considered defects. Natural Products (made from materials such as marble, wood or stone) have a greater degree of variation than any of MTA DISTRIBUTION’s other Products. This applies not only to shading but also to the pattern that is produced with a Natural Product. The fact that the material is natural means that it may present imperfections inherent in its nature such as knots in wood, different shading, color or different intensity and orientation of veining in marble. It is impossible to get two Natural Products that are the same as each other in shading and/or design. Customer agrees that any Natural Product supplied will not be equal to the ones in the catalogue or showroom, but will be similar. Natural Products require special care, in order to maintain its quality and beauty; Customer must follow all the instructions provided in the Warranty, Maintenance Guideline and Installation Instructions of the Product. Product dimensions as exhibited on quotation, sales order, invoice and other forms are nominal. Please consult the Product data sheet or contact your sales representative for actual dimensions.
All Products should be installed according to the approved industry standards and supplier’s installation instructions and Customer shall provide its installer with the Installation Instructions from MTA DISTRIBUTION. Installation of the Product constitutes its acceptance.
Installation services are not included in this Agreement. In the event MTA DISTRIBUTION provides installation services, a separate written agreement must apply.
Retention of Title.
MTA DISTRIBUTION remains the legal owner of the Product until payment has been received in full. If Customer obtains possession of the Products before then, Customer agrees to hold them on MTA DISTRIBUTION’s behalf until full payment has been received, Customer will then become the legal owner.
Cancelation Of An Order.
Special Orders, Final Sale items orders and Custom Orders may not be cancelled after 24 hours from the Sales Order date. For the rest of orders, Customer may cancel the order within 15 days of the Sales Order but at least 72 hours before delivery. Unless otherwise agreed, the amount already paid will be refunded in full.
In the event MTA DISTRIBUTION cancels, to the extent permitted by law, its liability will be limited to refunding within 10 business days any deposit paid to MTA DISTRIBUTION for the Products to the person who paid us. If payment has been made by somebody else on Customer’s behalf (e.g. a credit card company or a bank), the repayment shall be made to them.
Returns, Exchanges, And Re-Stocking Policy.
Returns or exchanges will not be accepted without prior authorization. Returns or exchanges are not accepted after 45 days from the goods departure date. A 20% restocking fee will be assessed on approved returns within 45 days from the departure date. Product must be returned or exchanged via prepaid freight, in full original cartons, intact and in salable condition. In case of tile, only complete full cartons will be accepted. In case of items sold by piece, they must be returned by the piece. A packing or original invoice and MTA DISTRIBUTION’s return authorization number must accompany all returns.
Special Orders, Final Sale items orders and Custom Orders may not be returned or exchanged.
Purchases above $25.00 made by cash or check will be refunded by check and mailed within 10 business days to the individual or company who appears in the original invoice. Refunds of credit card purchases are refunded to the card used on the original purchase.
All Claims for shortages, damages, or billing errors must be reported upon acceptance of goods and confirmed in writing within 30 days from the invoice date. Claims made after 30 days will be waived and the original billing will be assumed correct and valid.
If Customer claims that defective Products have been provided by MTA DISTRIBUTION, Customer agrees to allow MTA DISTRIBUTION the right and access to inspect them at all reasonable times requested by MTA DISTRIBUTION. Until a claim is fully resolved, Customer agrees to hold the Products in good condition and take all care of them. Please refer to Warranty of the Product for further details.
MTA DISTRIBUTION is an independent contractor. No Customer can be considered the legal representative or agent of, or has the power to obligate MTA DISTRIBUTION for any purpose whatsoever. MTA DISTRIBUTION and the Customer expressly acknowledge that the relationship intended by them is a business relationship based entirely on and circumscribed by the express provisions of this Agreement and that no exclusivity, partnership, joint venture, franchise, agency, fiduciary or employment relationship is intended or created by any reason.
The Customer acknowledges and understands that MTA DISTRIBUTION has the right to sell its products in any area or territory of Madagascar and in the rest of the world and that MTA DISTRIBUTION may sell directly to other Customers, architects, dealers, home owners, etc. at MTA DISTRIBUTION’s own discretion, at any time and territory. MTA DISTRIBUTION reserves the right to refuse to sell or deliver to any Customer at its own will and without notice or reason.
When contracting with trade customers, this Agreement shall be for commercial (non-consumer) purposes only.
*MTA DISTRIBUTION reserves the right to change these terms and conditions at any time without prior notice.
For any cancellation, returns or defects Customer shall provide the following information to MTA DISTRIBUTION: Authorization Number, Invoice Number, Item Number, picture of the product and description of the problem.