EXCLUSIVE CONDITIONS FOR PROFESSIONALS
EXCLUSIVE CONDITIONS FOR PROFESSIONALS
Terms and Conditions are subject to change, for the latest version on these Conditions please see it online on our Website. These Conditions can be saved electronically or printed by all users of our Website. Whilst they remain posted on our Website, these Conditions will apply to all transactions carried out via our Website, e-mail or/ and by telephone.
TERMS AND CONDITIONS FOR ORDERS PLACED BY TELEPHONE, E-MAIL OR VIA MainGUILTY’s WEBSITE
VERSION DATED NOVEMBER 2023
All orders are subject to acceptance by the wholesaler (“Seller”) of the Product Line (“Manufacturer”).Buyer (“Buyer”) is defined as the person, firm or company, authority or government department, which purchases the Goods from the Seller.
Acceptance of orders is based on the express condition that buyer agrees to all of the terms and conditions contained herein. Acceptance of delivery by buyer will constitute buyer’s assent to these terms and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying, or otherwise changing the provisions stated herein, shall be binding upon manufacturer unless prior written approval is signed and approved by an officer of manufacturer. No modification of any of these terms will be affected by manufacturer’s shipment of goods following receipt of buyer’s purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
All quoted completion and delivery dates are estimates only. MainGUILTY shall not be liable for delays in completion, shipment, or default in delivery for any reason of force majeure or for any cause beyond Manufacturer’s or MainGUILTY’s reasonable control including, but not limited to, (a) government action, war, riots, civil commotion, embargoes or martial laws, (b) Manufacturer’s inability to obtain necessary materials from its usual sources of supply, (c) shortage of labor, raw material, production or transportation facilities or other delays in transit, (d) labor difficulty involving employees of Manufacturer or others, (e) fire, flood or other casualty, or (f) other contingencies of manufacture or shipment. In the event of any delay in Manufacturer’s performance due in whole or in part to any cause beyond Manufacturer’s reasonable control, Manufacturer shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by Buyer of any goods shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such goods.
3.1. Due to the nature of MainGUILTY manufacturing processes, techniques and selection of materials, certain products may exhibit slight variations, minor marks, pitting, porosity and/or color anomalies. Many wood, stone and metal materials and finishes may vary in color, veining, tone and character. It is considered to be part of their natural beauty.
1. Shipping costs are not covered in the basic price of an item. (Except when an online free shipping campaign is ongoing.)
2. For shipping quotations please contact MainGUILTY.
3. Whenever the Buyer chooses to transport the product(s) by their own method or means, MainGUILTY will be free of any charges or responsibility over events that might occur after the goods come out of the warehouse.
4. If the transportation is arranged by MainGUILTY, it will be charged separately from the products’ value. Please note that all transportation services require the receiver of the good to verify their status with the carrier upon delivery.
5. Shipment arranged by MainGUILTY includes door-to-door, drop off service only. Delivery personnel are limited to delivering to physical shipping address only. The personnel is not permitted to handle, uncrate, or remove any packaging or materials. Should the Buyer request a specific method of shipment beyond the aforementioned shipping method of the Seller, the Buyer is subjected to all additional costs of additional services.
5.1 Additional services would include, but are not limited to: air freight, special handling, and/or white glove services.
6. According to the existing conventions (CMR (1956), Warsaw (1929)/Montreal (1999), Brussels (1924), CIM (1970, the receiver shall verify the goods conditions with the carrier on the receipt and keep the package. POD (Proof of Delivery) must be signed by the receiver. In case of apparent damage, the receiver must open the goods in front of the carrier and mention the damages on POD. The receiver should keep the products in the final destination and save the packages. In case of no apparent damage, the receiver must mention on POD – ‘received the goods but conditions will be checked’.
7. All items must be inspected for damage prior to signing the Proof of Delivery (POD). Therefore, responsibility for damage occurring in transit is the Buyer’s responsibility and all claims for freight damage must be made within 48 hours after reception. MainGUILTY will not accept any claim on merchandise after a 48-hour period. Digital photographs of damaged goods and boxes will be required for replacement of damaged goods. Save all damaged crates/packaging until claim with carrier is settled. Signature of receipt by Buyer’s agent or employee constitutes full acceptance of all packages stated on the bill of landing or electronic clipboard in as is condition. The Buyer is responsible for all shipping and return charges for any shipment that is refused as well as forfeiture of the Buyer’s deposit. The refusal of damaged merchandise in no way relieves the Buyer of responsibility for payment of goods. The Seller shall not be liable for delay in shipment for any cause, nor shall any delay entitle the Buyer to cancel or refuse delivery of any order that has been shipped. MainGUILTY will not honor any claims without a formal written claim and photos of damages of the product, crate and packaging.
8. Damages that are caused by the Freight Carrier and occurred during transit from MainGUILTY to the addressee, are not the responsibility of MainGUILTY. It is the receiver’s responsibility to inspect items received upon delivery to ensure proper measures can be taken to file a claim with the Freight Carrier.
8.1. Every package will come equipped with a TiltWatch that measures the degree of which the package was tilted during transit to the addressee. Excessive tilt, above 30º, is responsibility of the Freight Carrier. The addressee is responsible for opening the package in the moment of the delivery, check the TiltWatch and report it right away in the POD (proof of delivery). Provide photographical evidence within a month of delivery to MainGUILTY so it can solve the delivery damage claim with the Freight Carrier, as well.
9. Should any of these terms not be followed by the Buyer and should MainGUILTY have photographical evidence of the items before shipping in good conditions, claims over such items will not be accepted by MainGUILTY.
10. MainGUILTY will not be liable for any damages resulting from handling, loading or unloading by persons acting on behalf of the receiver. Any transportation of the piece from destination to a second location will forfeit any transportation damage claim.
11. MainGUILTY reserves the right to charge an extra 10% of the transportation price if the Buyer postpones the expedition within 3 days or less prior to the agreed departure date.
12. For orders with a final destination outside the European Union, MainGUILTY reserves the right to issue the DU (export document) which has a cost of 80€/99$ per invoice. Any other transport/export documents must be required by Buyer. MainGUILTY it free of any responsibility if those documents are not required by Buyer in a useful time.
13. Any shipments returned to Seller as a result of Buyer’s unexcused delay or failure to accept delivery will require Buyer to pay all additional costs incurred by Seller including storage fees.
14. When the Buyer’s order is nearing completion, MainGUILTY will notify them so shipment can be arranged.
15. All products are carefully packed and inspected prior to shipment.
16. The refusal of damaged merchandise in no way relieves the purchase of responsibility for payment of goods. MainGUILTY is not responsible for goods loss or damage during the shipping time.
1. Storage fees may be applied up to 120€/140$ per m3 per week if outstanding invoice balance is not paid in full and/or shipping arrangements have not been made within 10 business days after being informed that the order is ready. The charge will be compounding weekly either in Portuguese or in the US warehouse. If the order is not picked up within 1 month, the pieces will automatically pass to the brand’s stock list. From the moment pieces belong to our stock, to recover your order, you have to pay the full amount of the invoice. We don’t garantee that pieces have not been sold meanwhile.
1. MainGUILTY may provide all of the following services for a special fee: Certificate of Origin, Authentication of Invoices, SASO Certificates, Inspections, Storage and Demurrage, Change of Details on Final Invoice. Please contact our staff regarding prices
Double Elle, Unip. Lda
VAT 517 810 786
IBAN PT50-0033-0000-45717827474-05
BIC / SWIFT | BCOMPTPL
Rua Alto dos Grilos 183, Freamunde, Paços de Ferreira
4590-334 Oporto, Portugal