1.1 Welcome to the MHE-Demag (P) Inc. (“MDP” or “Owner”) (insert URL that is going to be use) web shop. If you place an order on this site, these Terms and Conditions shall apply upon confirmation of said order. Once said order has been confirmed, a contract of sale has been formed and is governed by these Terms and Conditions and a binding Contract of Sale is formed between the Buyer and MDP. The Terms and Conditions set out hereunder shall apply to all sales contracted by MDP whether or not expressly referred to in other documents of sale, purchase, invoices or delivery notes issued by MDP or Buyer.
1.2 By being a user of this site, you agree to and are bound by these terms and conditions and any amendments made thereof. If you don’t agree with the terms and conditions contained on this page, please do not continue to use the website. MDP would like to highlight that it is your responsibility to read these Terms and Conditions and any amendments made thereof carefully.
All content including but not limited to, text, graphics, interfaces, trademarks, logos, videos, photographs, images, sounds, music and code, including but also not limited to the content’s structure, design, arrangement (‘Content’) that is present on the site is owned by MDP and its affiliates and protected by relevant and appropriate copyright laws and regulations. Except as especially agreed with the MDP, absolutely no part of this website and the Content contained in this website may be copied, republished, reproduced and retransmitted through any means. The Website and the Content contained throughout, is exclusively the sole property of MDP and its affiliate companies.
3. Use of Website
3.1 Your access to this Website grants us your consent to these Terms and Conditions in their entirety including but not limited to any applicable law or regulation that relates to this website and the Internet as a whole. The use of any illegal or unauthorized means to access the website (such as automatic programs/ software like robots, crawler, spider, page scraper and manual methods) are strictly prohibited, and if you are found to be using any methods of hacking and any other unlawful/unauthorized access to the website, MDP reserves the right to cease your access to the site and may proceed with legal action.
3.2 In the event of an impending update, modification, suspension or discontinuation or removal of any part or whole part of the website/platform, MDP, the platform shall not be liable if any events listed above cause you to not be able to access the website or any part of the platform.
3.3 Impersonation, the use of false identities or knowingly providing wrong information of an individual and or organisation is strictly prohibited. The misuse of this Website’s content for any motive that is unlawful or in violation of the entire Terms and Conditions is strictly prohibited.
3.4 MDP has the reserve the right to:
- i) Use our discretion to control any activity, content or information on the Website and investigate any abuse of the Terms and Conditions
- ii) Prevent access for user regardless of whether they are authorised or not.
- iii) Report any action that is unlawful, illegal and/or violates the entirety of the Terms and Conditions.
- iv) Request any data from you in relation to the use of the Platform/Website at our own discretion and at any time.
4. Purchase Terms
Before ordering any products from the Platform/Website please thoroughly and carefully read these purchase terms.
4.1 You agree to these purchase terms when you order anything from our Website and when you accept an offer from MDP i.e. you agree to these terms when an offer and contract that relates to the sale and delivery of our products is present. Please refer to our Terms of Sale for more information (Please link document to these T&Cs.
4.2 Retention of title: MDP would like to highlight that all goods and services are MDP’s property until and only until all amounts due are paid; you may not sell any product before full title has been passed.
4.3 Pricing- All Products are invoiced in Philippine Peso (PHP) and include Value Added Tax (VAT), if applicable. MDP would also like to remind you that we reserve the right to make changes to the price and delivery costs and limit or terminate any promotion codes or discounts at any time.
4.4 Methods of Payment- The user who is buying will be entitled to make payment for goods and/services available on the Platform/Website. Once an offer is accepted by you from MDP, a contract of sale is formed and is governed under these Terms and Conditions and the relevant/applicable laws. All payments will be made to MDP.
4.4.1 Debit and Credit Cards- Visa and MasterCards’ are accepted as payment, whether issued within or outside the Philippines.
4.4.2 Online payments will be made and the full amount will be paid, MDP reserve the right to use their discretion whether or not to refuse payment.
4.4.3 B2B- Standard Payment methods follow the agreed terms between both parties (MDP and customer).
4.4.4 Default: In the event of default in payment from the buyer or the event where the buyer’s creditworthiness has been identified either through an application, commencement of insolvency or bankruptcy, MDP shall be entitled to request any form of payment owed to us through the buyer’s assets and declare the contract of sale voided.
4. Delivery- It is the user’s responsibility to provide an accurate, valid and correct address for the company (MDP) to ship to. Delivery shall be made through a standard sub-contractor. Any Delivery lead times quoted are subject to change due to factors out of MDP’s control, MDP shall not be liable for any delay in delivery or the performance of the delivery.
4.5.1 In the event that the buyer fails to take/receive delivery of the goods, MDP shall:
- i) Keep the goods as their property and sell to another buyer or;
- ii) Terminate the contract of sale and claim damages.
4.5.2 Delivery periods and Dates: Once all details of the contract have been verified by MDP, and all necessary payments, down-payments (if applicable) are made, only then shall the agreed delivery dates apply. Should dispatch of the goods be prevented by reason out of MDP’s control, MDP shall not be liable for late delivery. The delivery periods and dates shall be deemed adhered to if by the dates agreed upon, Buyer is notified via the site, in writing or any other way MDP chooses to communicate this with the Buyer.
4.5.3 Force Majeure: Delivery of goods or performance of services sold hereunder may be delayed or suspended by MDP in the event of an act of God, war, riot, fire, explosion, accident, flood, sabotage, inability to obtain fuel, power, raw material, labour, containers or transportation facilities, breakage of failure of machinery or apparatus, governmental law, regulation, order or action, national defence requirements or any other event beyond the reasonable control of MDP or in the event of labour trouble, strike, lockout or injunction, any of which events prevents the manufacture or dispatch of a shipment of the goods or of a material upon which the manufacture of the goods is dependent. If because of any such event, MDP is unable to supply part or total of the goods or render part or total of the services contracted hereunder, MDP shall be exempted to such an extent from any obligations, hereunder with respect to the particular delivery or performance involved upon giving prompt notice of such event to the Buyer, but this contract shall otherwise remain in force.
4.5.4 Warranty: MDP makes no warranty, whether or merchantability, fitness or otherwise expressed or implied concerning the goods supplied or services rendered other than that they shall be of the specifications stated in the contract of sales. MDP’s warranty does not cover normal wear and tear and is only valid for such periods as is expressly stipulated in the contract of sale but which shall in any case not exceed 12 months (or 6 months in case of a more than one shift operation) after the date of start-up and use of the goods supplied MDP warranty is further predicted on Buyer’s compliance with generally accepted or expressly specified conditions for proper handling and use of the goods. Any recommendation made by MDP concerning the use of the goods is believed to be reliable but MDP makes no warranty of the results to be obtained. Buyer agrees to inspect the goods supplied or the services rendered hereunder immediately after delivery or performance and to give notice in writing of any claim within thirty days of delivery or performance. Failure to give notice in writing as aforesaid within the specified time constitutes an unqualified acceptance of goods or services and a waiver of all claims with respect thereto. In case of substantiated valid complaint concerning the goods supplied or services rendered hereunder i.e. whether the goods have become unserviceable within the period specified above due to a cause demonstrably dating back to the time prior to the transfer of risk e.g. in consequence of faulty design, inadequate material or poor workmanship, MDP shall repair, exchange or take back against reimbursement the rejected goods or the unserviceable part thereof or repeat or reimburse Buyer for the rejected service at MDP’s sole discretion. MDP’s obligations under this warranty shall be CONDITIONAL on Buyer’s full compliance with Buyer’s obligations under the Contract of Sale, especially on full compliance with the purchase terms.
4.5.5 Cancellation: The Buyer may not cancel the order described herein except with the express prior written consent of MDP. In the event of a cancellation by the Buyer, the Buyer agrees to compensate MDP for all work done, expenses incurred and commitments made as of the time of cancellation, except that nothing herein shall limit any other remedies available to MDP hereunder or at law, the minimum cancellation charge to the Buyer shall be twenty percent or the down payment, whichever is higher, of the contract sum.
4.6 Refund/Return Policy:
4.6.1 Buyer shall complete an online contact form to apply for a refund/exchange/return for the purchased good or service. You may apply for return/refund/exchange if:
- i) Wrong goods have been delivered
- ii) Goods are defective:
For Goods to be considered as defective they must at the time of change of title:
Has a clear error or differentiation from the required specifications provided by the buyer and outlined in the Contract of Sale or not fit for the job they’re designed for.
4.6.2 MDP’s liability shall not be applicable for defects that:
- i) are caused by incorrect or inexperienced handling or abuse by the buyer.
- ii) are minor
- iii) form due to factors out of MDP’s Control,
- iv) procure as a result of poor handling and not obeying or ignoring the instructions and manual correctly.
MDP reserve the right to use our discretion whether we accept the return/refund/exchange request or not.
MDP shall not be liable for any loss of any consequential losses including but not limited to profit, revenue, opportunity that occurs from not receiving a refund and or and exchange.
5. Limitation of Liability
5.1 MDP would like to highlight that your use of this website is at your own risk, MDP is not liable for any loss of profit, revenue or indirect, consequential, exemplary or punitive damages even if MDP is advised on the possibility of such damages.
5.2 MDP and its affiliates, employees, contractors etc. shall not be liable to the user for any losses whatsoever that arise directly or indirectly from the:
- i) Access, use of inaccessibility of the Platform/Website
- ii) Reliance on the data or information contained in the Platform
- iii) Any server failure, connection errors, interruption.
There shall be no guarantee by MDP that the site will be:
- i) Available, uninterrupted
- ii) Timely
- iii) Secure
- iv) Accurate
- v) Complete
- vi) Error free.
5.3 Liability and Risk: Upon acceptance by Buyer’s carrier or upon delivery to Buyer’s premises, property, the Buyer assumes all risk and responsibilities and liability for loss and damage resulting from the transportation, handling, storage or use of the goods supplied under this contract. Seller’s liability in respect to goods supplied or services rendered under this contract shall in any case be limited to the purchase price of the goods or services in respect of which damages are claimed. MDP SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTIAL OR OTHER DAMAGES RESULTING FROM DELAYED DELIVERY OR PERFORMANCE, SHORT SHIPMENT, HANDLING, STORAGE, USE, IMPERFECTION OR OTHERWISE GOODS SUPPLIED AS WELL AS FROM DELAYED OR IMPERFECT SERVICES RENDERED HEREUNDER.
6. Data Protection
MDP has full respect for the privacy of any individuals or businesses that access and use this Platform/Website. For more information, please refer to our Privacy Notice. LINK TO PRIVACY NOTICE OR EQUIVALENT.
7. Rental Agreement
7.1 The Buyer (“Hirer”) agrees:
7.1.1 To punctually pay all hire charges as shall be duly invoiced by the Owner in accordance with this Hire Agreement, for the duration of this Agreement as shall be mutually agreed upon between the Hirer and the Owner. Or if this Hire Agreement is terminated by the Owner or Hirer in accordance with these terms and conditions, until the return of the Equipment to the premises of the Owner;
7.1.2 to pay all freight and/or other charges incurred in respect of the additional delivery and return of the Equipment to and from the premises of the Hirer, whether or not such charges shall be incurred by the Owner or the Hirer;
7.1.3 to pay all applicable registration charges, license fees, rates, taxes assessments and other outgoing payable in respect of the Equipment or the use thereof and produce to the Owner on demand the last receipts for all such payments and in the event of the Hirer making default under this Clause, the Owner shall be at liberty to make all or any such payments and to recover the amount thereof from the Hirer forthwith;
7.1.4 to keep the Equipment in good and serviceable conditions (only normal wear and tear is allowed) and replace missing damaged or broken parts with parts of equal quality and value, and in default of so doing, permit the Owner to take possession of the Equipment for the purpose of having repairs carried out and repay to the Owner the full cost of such repairs and the Owner shall have a lien on the Equipment until such repayment but the Owner’s exercise of such lien shall not prevent the accrual of the hire charges hereunder;
7.1.5 to keep the Equipment in the possession and control of the Hirer at all times and not to remove the same from the premises where it is to be installed without the prior written consent of the Owner;
7.1.6 to notify the Owner of any change in the Hirer’s address and upon request by the Owner, to promptly inform the Owner of the whereabouts of the Equipment;
7.1.7 to permit the Owner and any person authorized by the Owner at all reasonable times to enter upon the premises of the Hirer or such other premises where the Equipment shall be installed or located for the purpose of inspecting and examining the condition of the Equipment;
7.1.8 that the Equipment is hired by the Hirer on an ‘as-is-where-is” basis and that the application of any warranty or condition, express or implied, as to the merchantable quality, suitability or fitness for any purpose of the Equipment is hereby expressly excluded.
7.2 Site Surveys
Site surveys will be carried out prior to order execution and from time to time and from these a Service Schedule will be developed for each type of Equipment. These site surveys will form the basis of this Schedule and will be used to review the procedures so that both the Owner and the Hirer know the shifts and running conditions that the Schedule is based on.
7.3.1 The Owner shall ensure that the Equipment identified is maintained to meet Manufacturer’s Performance Specifications. There will be normal wear and tear of parts within the Equipment that will occur over the period of the Hire Agreement but if this does not affect the Equipment’s ability to perform to Manufacturer’s Specifications then these parts shall not be replaced.
7.3.2 It is Hirer’s responsibility to perform daily checks maintenance service of the Equipment such as ensuring there is sufficient battery water in the batteries and that the batteries are charged in a proper manner in accordance to the Owner’s training and specifications.
7.3.3 The Hirer must notify the Owner immediately in the event that the units develop problems and symptoms that may result in major damage to the Equipment. The Hirer is not permitted to operate the Equipment until the Owner has rectified them.
7.3.4 Repairs and replacement of the tyres shall be at the Hirer’s expense except that up to one set tyres can be replaced per year.
7.3.5 Accidental damage and willful negligence on the part of the Hirer resulting in damage to the Equipment shall be at the Hirer’s account.
These can occur if:
- i) The Equipment is used to carry out tasks, for which it is not designed,
- ii) Undue strain is placed on components through operators not using Equipment properly.
- iii) Housekeeping practices allow foreign materials to accumulate which affect the correct operation of the Equipment e.g. twine or plastic accumulating resulting in wheel bearing seizure,
- iv) Equipment is exposed to corrosive environment when they are not manufactured for this purpose,
- v) Inexperienced or inadequately trained operators using the Equipment to effect an operation the Equipment is not designed for e.g. driving the Equipment over pot holes or cracked flooring.
7.4 Maintenance Hours
The Owner shall provide maintenance of the Equipment between 8.30 am and 5.30 pm, on weekdays and 8.30 am and 12.30 p.m. on Saturdays, with Sundays and public holidays excepted. If the Hirer requests maintenance outside the normal working hours the Owner shall endeavour to provide this but without and liability to do so.
7.5 Availability of Times to Maintain Equipment
The Owner and the Hirer should work together to ensure that the Owner, its technicians and/or agents have access to all units under this Hire Agreement so as servicing can take place as required. The allocation of a work area for Equipment maintenance shall be desirable to enable the services to be performed safely and to the Manufacturer’s Specifications. If it has been arranged between the Owner and the Hirer for the Owner to perform preventive maintenance (PM) service and upon arrival the Owner or its servants and/or agents is ‘turned away” with the Equipment unavailable, for any reason, and this happens twice in consecutive attempts, then a charge equivalent to the cost of sending a technician to service the Equipment shall be levied on the Hirer.
7.6 Equipment On Site
The said Equipment will be used within the Hirer’s site facilities located at the address stated in this Hire Agreement.
7.7 Insurance All Risks
The Hirer shall insure the Equipment and keep the same insured throughout the duration of the Hire Agreement against loss or damage by accident fire theft and all other risks usually covered by insurance in the type of business for which the Equipment is for the time being used to the full replacement value thereof with an insurance company to be approved by the Owner under a comprehensive policy of insurance, free from restriction or excess in the joint names of the Owner and the Hirer (or in the name of the Hirer bearing an endorsement recording the Owner’s interest) and starting that no payment is to be made to the Hirer under the policy until the Owner’s interest has been discharged and in default of the Hirer in so doing, the Owner may insure as aforesaid and recover the cost from the Hirer henceforth.
The Hirer acknowledges and agrees that the Owner shall not liable or responsible for any death, injury, loss, claim, damage, or any special, direct, indirect, incidental or consequential damages of any kind, whether based in contract or in tort, suffered or incurred by any person arising from or in connection with the use of the Equipment by the Hirer or whilst the Equipment is being towed.
7.9 Protection of Owner’s Right
The Hirer shall not re-hire, mortgage, charge, pledge, or otherwise part with possession of the Equipment and shall at all times protect the Owner against any distress or execution proceedings against the Equipment and/or indemnify the Owner for any loss or damage resulting therefrom or from any breach by the Hirer of its obligations under the Clause.
7.10 Termination of Agreement
7.10.1 The rights of the Owner under this Clause shall be exclusive of and shall not prejudice the Owner’s right to recover from the Hirer outstanding hire and other charges due but not paid by the Hirer prior to the termination of this Hire Agreement as well as all other damages, cost and expenses for which the Hirer is liable under this Agreement, including but not limited to all repossession and incidental expenses incurred in connection therewith.
7.10.2 Under no circumstances shall the Hirer terminate this Agreement prior to the expiry of the period stated in the Agreement except with the written consent of the Owner. Should a premature termination of the Agreement by the Hirer take place (with or without the owner’s consent) a minimum of one half (1/2) of the remaining hire charges for the hire period not utilized, shall be paid by the Hirer to the Owner.
7.11 Successors Bound
This Agreement shall be binding on and endure to the benefits of the Parties and their respective successor-in-title and assign. Nothing herein shall permit the assignment by either party, of the Agreement and the rights and benefits of the Parties hereto.
7.12 Truck Usage Overtime Charge
The rental rate quoted is computed on the basis of one (1) 8 hours working per day, 7 days per week. The number of work hours is determined from the hour meter which is affixed to the truck.