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Terms and Conditions

General Terms and Conditions of Delivery and Payment Mercurius USA inc.

PDF: General Terms and Conditions of Delivery and Payment

Clause 1. General

  1. These Terms and Conditions are applicable to all offers, quotes and agreements for purchase and sale entered into with: Mercurius USA Inc. • 4323 Anthony Court, Unit 4 • Rocklin, CA 95677 • The United States of America (hereinafter to be referred to as Mercurius USA).
  2. By entering into an agreement with Mercurius USA, the Other Party waives any terms and conditions used by them, referred to by whichever name, so that only the Terms and Conditions used by Mercurius USA are applicable.
  3. Provisions varying from these Terms and Conditions only bind Mercurius USA if they have been agreed explicitly and in writing.
  4. If any provision in these General Terms and Conditions is (partially) null and void or is voided at any moment, the other provisions of these Terms and Conditions will remain fully in effect. User and Other Party will consult with each other to agree new provisions to replace the void or voided ones. In doing so, the purpose and meaning of the original provisions will be taken into account as much as possible.
  5. In these General Terms and Conditions, Other Party is taken to mean: every legal or natural person, who has entered into an agreement with Mercurius USA, or wishes to enter into an agreement respectively and apart from him/her, his/ her representative(s), authorised representative(s), successor(s) and heir(s).
  6. Each agreement entered into between Mercurius USA and Other Party is fully binding for both parties.

 Clause 2. Quotes and Offers

  1. All offers and quotes made by Mercurius USA, in which the contrary is not explicitly stated, are fully without obligation and subject to price change. Slight colour differences and/or interim model changes cannot be excluded.
  2. Mercurius USA has the right to refuse an assignment without stating the reasons.
  3. Mercurius USA cannot be held to its quotes or offers if the Other Party can reasonably understand that the quotes or offers, or part thereof, contain an obvious mistake or error in writing.
  4. Price increases resulting from supplements and/or changes to the agreement are to be paid for by the commissioning party.
  5. In case the Other Party should appear not sufficiently creditworthy for the fulfilment of the agreement in Mercurius USA’s opinion, Mercurius USA shall be entitled to suspend all its contractual obligations, without prejudice to Mercurius USA’s right under the terms of the law or these Terms and Conditions.
  6. The models, images, drawings and dimensions, which were shown with, added to or communicated with the quotes, provide a general representation of the items offered. Changes to the construction, due to which the actual version deviates slightly from the models, images, drawing or dimensions referred to, but due to which no essential change is made to the technical and aesthetic version of the items, do not oblige the seller to any reimbursement and do not give the purchaser the right to refuse receipt or payment of the goods delivered.

Clause 3. Delivery

  1. The delivery period stated by Mercurius USA can never, even after notice of default, give claim to compensation or dissolution of the agreement, the latter except if parties, considering the duration of the transgression, decide on dissolution by mutual agreement.
  2. The delivery takes place to the Other Party’s domicile or warehouse, unless explicitly agreed in writing otherwise. Unless explicitly agreed otherwise, the standard dispatch rates for delivery are charged to the Other Party.
  3. If Mercurius USA needs details from the Other Party to fulfil the agreement, the fulfilment term shall not commence sooner than the Other Party has made these available to Mercurius USA correctly and in full.
  4. Delivery shall take place from one of Mercurius USA’s warehouses. The purchaser is obliged to take delivery of the items at the moment they are made available to him. If the purchaser refuses to take delivery or fails to supply information or instructions that are necessary for the delivery, Mercurius USA is entitled to store the items or have them stored for the purchaser’s account and risk.
  5. Mercurius USA has the right to have particular work performed by third parties.

Clause 4. Prices and Rates

  1. All prices are excluding Tax, any transport costs and other government levies, unless explicitly agreed otherwise.
  2. If Mercurius USA agrees a fixed price with the Other Party, Mercurius USA shall nonetheless be entitled to raise the price at all times without the Other Party in that case being entitled to dissolve the agreement for that reason, if the price increase ensues from a right or obligation as a result of the law or regulation or is caused by a price increase for raw materials, wages etcetera or by other reasons that could not be reasonably foreseen upon entering into the agreement.

Clause 5. Force Majeure

  1. In the event of force majeure, either of a permanent or temporary nature, Mercurius USA shall be entitled to dissolve the agreement in full or in part or to suspend it temporarily without the Other Party and/or third party being able to enforce a claim and/or damages. Force majeure includes: strikes, boycott, interruption of operations, interruptions in traffic or transport, scarcity of raw materials, fire, machine breakdown and any other circumstances, under which full or partial fulfilment of the agreement cannot in reasonableness and fairness be required from Mercurius USA.
  2. If, due to force majeure, the delivery is delayed by more than two months, the Other Party, besides Mercurius USA, shall also be entitled to dissolve the agreement in writing. In this case, Mercurius USA has a right to reimbursement of the costs it incurred.
  3. If the force majeure occurs while the agreement has already been fulfilled in part, the Other Party shall be entitled, if the remaining delivery is delayed by more than two months due to force majeure, to either keep the already delivered part of the goods and to pay the purchase sum due on it, or to also consider the already fulfilled part of the agreement as dissolved, under the obligation of sending all that had already been delivered back to Mercurius USA for the Other Party’s account and risk, if the Other Party can demonstrate, that the already delivered part of the goods cannot be used effectively anymore due to the non-delivery of the remaining goods.

Clause 6. Liability

  1. Mercurius USA is not liable for any damage that could arise for the Other Party or for a third party as a result of using Mercurius USA’s products, unless the applicable statutory regulations and/or these Terms and Conditions explicitly state otherwise.
  2. In all cases, Mercurius USA’s liability is limited to maximum the invoice amount of the items delivered.
  3. Mercurius USA is never liable for any indirect loss, including consequential loss, lost profit, lost savings and damage due to business standstill.

Clause 7. Applicable Law and Disputes

  1. All legal relationships in which Mercurius USA is party are exclusively governed by United States of America law, even if a commitment is performed abroad in full or in part or if the party involved in the legal relationship has its domicile there. Applicability of the Vienna Sales Convention is excluded. The court in Mercurius USA’s place of business has exclusive jurisdiction to take cognizance of any disputes, unless the law imperatively prescribed otherwise. Nevertheless, Mercurius USA has the right to submit the dispute to the court competent according to the law.
  2. Parties shall only appeal to the court after they have made every effort to settle the dispute by mutual consultation.

Clause 8. Complaints and Right of Return

  1. Complaints should be taken to mean all the Other Party’s grievances concerning the capacity of the delivery.
  2. The Other Party is obliged to check a delivery immediately upon delivery for visible damage, and report this to Mercurius USA in writing immediately.
  3. Complaints in connection with visible damage must be made with the carrier by holding them liable within 48 hours.
  4. The Other Party is obliged to check the consignment for accuracy and volumes within 3 working days, and to report any differences to Mercurius USA immediately.
  5. If a defect is reported later, then stated in items 3 and 4, the purchaser shall no longer be entitled to repair, replacement or compensation.
  6. If goods were delivered to the Other Party, not being furniture, and items especially ordered for the Other Party (being items of which Mercurius USA does not keep stocks) with right of return, the Other Party must communicate its wish to exercise its right of return within 5 working days from delivery, in writing or by telephone. Mercurius USA will then communicate how the goods should be returned. The goods to be returned must have been returned at the latest within one calendar month from delivery. The goods not yet returned then shall be considered as having been purchased.
  7. Any complaints about delivered furniture, concerning guarantees, must be reported to Mercurius USA in writing immediately after delivery.
  8. In the event of a justified complaint, Mercurius USA shall be obliged to replace, repair or credit the goods objected to as soon as possible after receipt of the returned goods, without Mercurius USA being able to be held responsible for any damage suffered.
  9. Returned goods are credited at maximum the previously calculated prices.
  10. By lodging a complaint, the Other Party’s payment obligation concerning the disputed goods is not suspended.

 Clause 9. Guarantees

  1. Mercurius USA guarantees the soundness, as well as the quality of the goods delivered and/or processed by it, all this with due regard for the provisions made elsewhere in these Terms and Conditions.
  2. The guarantee period stated by the manufacturer is observed by Mercurius USA.
  3. Claims under guarantee only comprise the replacement or repair respectively of the goods involved. Any loss, both direct and indirect, that has arisen due to the not proper functioning of the goods delivered by Mercurius USA, falls outside the guarantee.
  4. Claims to guarantee are not acknowledged, if the factory instructions were not observed for use of the goods, if the delivered items are used for other than the normal purposes or have been treated, used or maintained in an improper manner.
  5. If the delivered item is repaired or changed by the Other Party itself, Mercurius USA does not acknowledge any guarantee claims.
  6. If the Other Party does not meet its obligations, Mercurius USA shall also be released from its (guarantee) obligations as a result of this.

Clause 10. Payment

  1. Unless explicitly agreed otherwise, payments should be made to a bank account to be designated for this purpose by Mercurius USA, in the same currency as in which Mercurius USA invoiced, without deduction or settlement, within 30 days from invoice date.
  2. Besides the capital sum, Mercurius USA is entitled to claim from the commissioning party all costs, both judicial and extrajudicial, that have arisen due to non-payment or overdue payment.
  3. In the event of partial delivery, the Other Party is obliged to pay the related invoice as if it concerned a separate transaction.
  4. From the day following the day on which the payment term expired, the Other Party owes Mercurius USA for each transgression of the payment term by 30 days interest due to overdue payment to the amount of 1.4% of the payable amount per month.
  5. Mercurius USA always has the right to require security for the payment both before and after the formation of the agreement, such under suspension of the fulfilment of the agreement by Mercurius USA until the security has been furnished; all this without prejudice to Mercurius USA’s right to fulfilment, compensation and/or partial or full cancellation of the agreement, all this without any judicial intervention and without Mercurius USA being obliged to pay any compensation in this connection.

Clause 11. Retention of Title

  1. All delivered goods remain Mercurius USA’s property until they have been paid for in full. The Other Party is fully entitled to sell the goods on and/or process them in a normal manner. However, for as long as the payment for them has not taken place in full, the Other Party shall not be entitled to pledge the goods or furnish them to third parties as security in the broadest sense of the word. The Other Party is obliged to show the goods upon Mercurius USA’s first demand and to return them to Mercurius USA on request in the event of payment default and in the cases referred to in Clause 13 of these Terms and Conditions.

Clause 12. Intellectual Property Rights

  1. Catalogues, calculations, models, specifications and such like supplied by Mercurius USA to the Other Party may not be multiplied or sold to third parties by the Other Party, except with explicit permission from Mercurius USA.
  2. Mercurius USA retains the explicit ownership of the productions referred to in this Clause.
  3. Upon violation of the provision stated in subclause 1 of this Clause, the Other Party shall forfeit an immediately payable penalty which is not open to judicial mitigation of $25,000, without prejudice to Mercurius USA’s right to recover the loss suffered and costs incurred by it from the Other Party

Clause 13. Dissolution

  1. Without prejudice to any other rights belonging to Mercurius USA and the provisions elsewhere in these Terms and Conditions, Mercurius USA can consider an agreement as dissolved, without judicial intervention and without any notice of default being required, in case the Other Party is or remains in default in the settlement of its payment obligations, the Other Party applies for suspension of payment, a petition for its liquidation is filed, the Other Party loses the power to dispose of its capital and/or income in full or in part or if any part of its possessions and/or assets is attached, or in case the Other Party sells or winds up its company.
  2. If the purchaser cancels a placed order in part or in full, the items ordered or prepared for this, plus any related supply, removal and delivery costs and the working hours reserved for the fulfilment of the agreement, shall be fully charged to the purchaser.

Clause 14. Location of Amendment to Terms and Conditions

  1. These Terms and Conditions hare listed on our website www.mercurius-usa.com.
  2. Applicable shall always be the most recently deposited version or the version as was applicable upon the formation of the legal relationship with Mercurius USA.
  3. The English text of the General Terms and Conditions shall always be decisive in the interpretation thereof.

Conditions of Use – Mercurius USA webshops (school, homeschool and retail)

 

Orders

Normal processing time is 3-5 working days. Additional time may be required during our peak season, June-September. Transit time is in addition to our processing time: East Coast 6-7 working days, Central States 3-5 working days, West Coast 2-3 working days.

Payment Terms

All orders must be paid in advance of shipping. You will receive a payment link through the website where you can pay with VISA, MasterCard, American Express and Discover. Request a payment link through Quickbooks if payment will be with a check.

Payment Terms Approved Net 30 Accounts

Approved Net 30 accounts are due in full within 30 days after receipt of supplies.

We accept purchase orders from public schools.

Late payment fee of 1.4% per month may be added to all late accounts.

Delivery Terms

Freight costs are based on national zone rates of the carrier. The costs are visible during check out. Except for orders with furniture and for spring discount bulk orders. For these orders the shipping costs will be calculated and invoiced seperately.

Additional Fees:

  • Rush order $15
  • Failure to notify Mercurius USA of address change will result in forwarding charges (approximately $15 per box) plus any additional shipping charge.
  • Return Label $10 per box (generated at customer’s request)

We ship with UPS, USPS, and sometimes FedEx. Approximate shipping time:

  • 5-6 business days for AK and HI
  • 5-7 business days for the East Coast
  • 3-4 business days for Central Region
  • 2-3 business days for Western Region

Processing time is 1-3 days prior to shipping in addition to actual transit time.
Our packing materials are environmentally friendly.

To ship orders to Mexico, contact Mercurius Mexico at sofia@etreus.com.mx
To ship orders to Canada, contact Mercurius Canada at orders@mercuriuscanada.ca
To ship to other countries check our list of Mercurius partners.

Missing & Damages

An invoice or packing slip is enclosed with orders. Please check your shipment carefully; a missing or damaged item must be reported to Mercurius USA within 5 days after receipt.
Accept boxes with external shipping damage, but sign an exception notice with the delivery driver. Keep the damaged goods until the matter is settled. Please take pictures as well.
Report discrepancies in writing, and include a copy of your invoice (or packing slip) with items in question circled and all pictures. We cannot process verbal claims.

Return Policy

Mercurius USA will accept eligible returns within 30 days of receipt of order. Please notify Mercurius of the invoice number and reason for the return by fax 916.652.5221 or email info@mercurius-usa.com . Contact Mercurius USA for an authorized Return Form; this must be included with all returns.
If the item to be returned is a Mercurius USA error, we will issue a call tag for the return.
If you ordered incorrectly and wish to return items, you can send back by your own shipping method or we will issue the UPS call tag for a $10 fee per box and deduct the shipping cost from your return credit. Returns by customer choice are subject to a 15% restocking fee. All returns for credit must be in good condition to be resold by Mercurius USA. Please pack carefully as we cannot give credit for any items damaged during return shipping.

OPENED FLUTES, CHALK and RUITERTASSEN BAGS CANNOT BE RETURNED FOR CREDIT.

Prices and Policies

All orders shipped to California will be charged the appropriate sales tax.
Note: Prices and policies are subject to change without notice. In general, prices are set for a time period of one year; however we reserve the right to change prices without notice.

 

Contact information

 

Mercurius USA
4323 Anthony  Court, Unit 4
Rocklin, CA 95677
United States

T. 916-652-9696
info@mercurius-usa.com