GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY MOMEC AB
Application
These terms and conditions of sale and delivery apply to all deliveries from Momec AB (“Momec”) unless otherwise agreed in writing. Any terms and conditions of purchase of the buyer shall apply only if they have been expressly approved in writing by Momec.
For deliveries to the marine and offshore sectors, Orgalime S 2022 also applies. For deliveries to the commercial construction sector, ABM 07 applies. In the event of any conflict between these provisions and Momec’s terms and conditions, Momec’s terms and conditions shall prevail.
Quotations and Orders
Quotations from Momec are valid for 30 days from the date of the quotation unless otherwise stated.
Orders are binding only once a written order acknowledgment has been issued by Momec.
The buyer is responsible for ensuring that all dimensions, specifications, classifications, material selections, drawings, and other information forming the basis for manufacturing are correct.
The buyer shall, without delay, verify that the order confirmation, drawings, and other documents correspond to the order.
Changes
Changes after an approved drawing or order confirmation may only be made with written approval from Momec.
Momec has the right to charge for all additional costs incurred as a result of the change
Changes may affect the agreed delivery time.
Cancellation
All products are manufactured to customer specifications.
In the event of cancellation after an order acknowledgment has been issued, Momec has the right to charge the full order value or the costs already incurred for design, administration, material procurement, production, and other commitments.
Delivery
Unless otherwise agreed in writing, delivery is Ex Works (EXW) Momec’s factory in accordance with Incoterms 2020.
Stated delivery times are estimates and apply under normal production conditions.
Delays do not entitle the buyer to cancel the purchase or claim compensation unless otherwise agreed in writing.
Inspection upon Receipt
The buyer shall immediately upon receipt verify that the delivery is complete and free from visible damage.
Any discrepancies shall be documented and reported in accordance with Section 7.
Products must not be assembled or put into service if visible defects or damage are discovered.
Transport Damage
Visible transport damage must be noted immediately on the waybill or electronic receipt.
Hidden transport damage must be reported to the carrier and Momec without delay, but no later than seven (7) days after receipt.
If the delivery is signed for without comment, the buyer is responsible for proving that the damage occurred during transport.
Storage
The products must be stored in a dry, indoor environment where the risk of condensation, corrosion, or other harmful effects is minimal.
Damage resulting from improper storage is not covered by the warranty or the right to file a complaint.
Complaints
Complaints must be submitted in writing without undue delay after the defect is discovered or should have been discovered.
Defects that were visible or should have been discovered during the acceptance inspection must be reported no later than seven (7) days after receipt.
A product subject to a complaint may not be repaired, modified, or returned without Momec’s written approval.
Warranty
Momec provides a 12-month warranty from the date of delivery unless otherwise agreed in writing.
The warranty covers defects attributable to material or manufacturing defects.
For the warranty to apply, the following conditions must be met:
- the product must have been installed in accordance with Momec’s instructions,
- the product must be used for its intended purpose,
- service and maintenance must be performed in accordance with Momec’s instructions,
- and performed maintenance must be documented.
The warranty does not cover:
- normal wear and tear,
- improper installation,
- improper handling,
- damage or external influences,
- corrosion resulting from lack of maintenance,
- modifications made without Momec’s approval,
- consumable parts such as weatherstripping, expansion strips, and similar components.
For hardware, locks, door closers, and other components manufactured by third parties, the respective manufacturers’ warranty terms apply.
Limitation of Liability
Momec’s liability is limited to, at its discretion:
- repairing defects,
- replacing defective products,
- issuing a credit for defective products.
Momec is not liable for indirect or consequential damages such as:
- loss of production,
- loss of profits,
- downtime,
- delay costs,
- costs for replacement equipment,
- other financial consequential losses.
Momec’s total liability shall never exceed the value of the delivered product.
Terms of Payment
Payment must be made within 30 days of the invoice date unless otherwise agreed in writing.
In the event of late payment, interest on arrears will be charged in accordance with the Interest Act, as well as statutory fees for reminders and collection.
Momec reserves the right to halt further production or delivery in the event of non-payment.
Retention of Title
Delivered products remain the property of Momec until full payment has been made.
Force Majeure
Momec is not liable for delays or non-delivery resulting from circumstances beyond Momec’s control, such as:
- war,
- government decisions,
- strikes,
- lockouts,
- pandemics,
- fires,
- natural disasters,
- shortages of raw materials,
- energy shortages,
- transportation disruptions.
The delivery time shall be extended by the duration of the impediment.
Disputes and Applicable Law
The agreement shall be interpreted in accordance with Swedish law.
Disputes arising from the agreement shall be settled by a Swedish court of general jurisdiction, with the Växjö District Court as the court of first instance, unless otherwise required by mandatory law or a specific agreement.
Momec AB. 2026.