General Terms and Conditions of Sale

These General Terms and Conditions ("Terms") are the commercial terms of purchase of products ("Products") and apply to all offers, orders, agreements and deliveries between MONTI Surface Tech Group B.V. (registered in Amsterdam, the Netherlands, KVK 95233504; a company owned by MontiPower Industries B.V.), together with its subsidiaries and affiliates (collectively "MontiPower"), and any commercial customer that is a business or public-law entity. Acceptance of a delivery or service constitutes acceptance of these Terms; any conflicting terms from the customer are rejected unless agreed in writing.

Contracting entity and the MontiPower group

Depending on your region and order, your contract is with MONTI Surface Tech Group B.V. (Strawinskylaan 1577, 1077 XX Amsterdam, the Netherlands; KVK 95233504), a company owned by MontiPower Industries B.V. In these Terms, "MontiPower" means MONTI Surface Tech Group B.V. together with MontiPower Industries B.V. and its subsidiaries and affiliates, which include: Monti Surface Technologies GmbH; Monti Surface Technologies Inc.; Monti Surface Technologies FTE Ltd; MONTI-Werkzeuge GmbH; Corronation B.V.; MontiPower B.V.; FlakeCoat FTE Ltd; MontiPower Japan; MontiPower Malaysia; MontiPower Brasil; M.Testco Inc.; and Great Lakes Gages Inc.

Acceptance and orders

Orders are subject to written acceptance by MontiPower and are not binding until accepted or shipped. MontiPower will make reasonable commercial efforts to fill orders promptly, but shipment remains subject to applicable export licenses, permits, and regulations.

Payment terms

Invoices are due within thirty (30) days of the invoice date where credit has been established; otherwise, payment or an irrevocable letter of credit may be required in advance. Amounts not paid when due accrue interest at the default rate specified in the full Terms.

Shipping, delivery and risk

Shipping is Ex Works from the relevant MontiPower production or storage location unless otherwise agreed. Shipping dates are estimates only. Risk of loss passes to the customer upon delivery to the carrier. MontiPower is not liable for delays caused by events beyond its control (force majeure, including labor disputes, pandemics, and carrier delays).

Inspection, notification and warranty

Customers should inspect products within three (3) business days of receipt and report any non-conformity in writing within that window; otherwise the product is deemed accepted. MontiPower warrants that products will be free from material defects in materials and workmanship under normal use for twelve (12) months from delivery, subject to proper installation and maintenance per the user manual. Except for this warranty, MontiPower disclaims all other warranties, express or implied, including fitness for a particular purpose.

Limitation of liability

MontiPower is not liable for indirect, incidental, punitive, special, or consequential damages, including lost profits or revenue, arising from the products or related services. MontiPower's total liability for any claim will not exceed the purchase price of the products involved. This allocation of risk is reflected in MontiPower's pricing.

Cancellation

Accepted orders may not be cancelled without MontiPower's written consent and payment of applicable cancellation and restocking charges (up to 20% of the original purchase price). Custom, made-to-order, or specially packaged orders cannot be cancelled or postponed.

Safety standards and export compliance

Customers must comply with all applicable laws, regulations, and industry safety standards where they operate, resell, or distribute MontiPower products, and must not export products in violation of applicable export control laws. Resellers must obtain any required export authorization from MontiPower in writing prior to export.

Proprietary rights

MontiPower retains all rights, title, and interest in its patents, trademarks, trade names, logos, and copyrights. Customers have no right to register MontiPower trademarks or trade names and must cease all use of them upon termination or expiration of the relevant agreement.

Governing law and jurisdiction

These Terms are governed by the laws of the State of New York, USA (excluding the CISG). Disputes are brought exclusively before the courts of the State of New York, County of New York, though MontiPower may also bring claims against a customer in the courts of that customer's place of business.

Addendum: rental conditions

Where products are rented rather than purchased, additional rental-specific conditions apply, covering proper use and care of the rental object, a refundable security deposit, handover and inspection procedures, customer liability for loss or damage, a notification obligation for any damage, and MontiPower's right to terminate the rental agreement without notice for improper use or unpaid rent. Contact us for the full rental addendum applicable to your order.

Full document

This page summarizes MontiPower's General Terms and Conditions of Sale. The complete, legally binding document governs any specific order or agreement; contact your MontiPower representative for the current signed version applicable to your region.