Terms of sale, delivery and payment

1. General information

Masko Technology sp.z o.o. (hereinafter referred to as Masko Technology) has the right to make changes to these Terms of sale, delivery and payment (hereinafter referred to as the Terms) at any time, while publishing the current version on the Masko Technology website. Orders are subject to the current version of the Terms and Conditions published on the website at the time of placing these orders. Any changes to these Terms and Conditions agreed between Masko Technology and the client must be written.

2. Offers

Offers are valid for 4 weeks from the date they are issued. All offers were submitted in accordance with the relevant PERFAG specifications. The offered prices may change if the customer provides additional data and introduces changes.

3. Orders

All orders are binding for the ordering party from the moment they are placed in writing, while for Masko Technology they are binding after confirmation of the received order in writing. In the Order Confirmation, Masko Technology declares that the products at a specific price can be delivered in quantity and quality consistent with the data received from the customer. The technical specification of the production is PERFAG, but Masko Technology does not undertake to check all data from the customer whether they are consistent with it. All data received are treated as copies of the original customer records and will only be returned if requested by the customer. Drawings, technical documentation and technical information received by one of the parties may not be used for purposes other than those for which they were provided without the consent of the providing party. Masko Technology does not undertake any obligation to store data and is not responsible for it. If the customer changes the order during its implementation, the customer bears the costs of the commenced production. In the event of total or partial cancellation of the order by the customer, Masko Technology reserves the right to claim compensation.

Tolerance of changes in delivery: the difference in the quantity of goods delivered to the order is within + 10% / -0%. Any difference will be included in the invoice and the customer is obliged to pay.

4. Payment terms

The general terms of payment are 14 days net. In the case of late payment without prior notice, interest is charged automatically. The interest rate is stated on the bill. Accrued interest must be paid immediately before any subsequent current debts. The customer is obliged to pay any difference of the delivered goods within the tolerance limits.

5. Initial cost

When starting production with new data, the customer will be charged a one-time production start amount. Also, in the case of data change, the customer will be charged a one-time amount, which is related to the correction of the data used to start production. In case the client wants to make corrections or changes, their costs will be added additionally. The adjusted (changed) data will be sent back to the customer.

6. Prices and currency rate regulation

Product prices are provided to the customer in writing in the form of a current offer. As agreed between Masko Technology and the client, the offered price may be presented in USD, EUR or PLN, however, the price always depends on the current USD exchange rate, which is the basis for preparing offers. If the exchange rate changes after the conclusion of the contract, Masko Technology will have the right to change the price accordingly.

7. Deliveries

Delivery dates and conditions are set individually and are included in each offer. In the event of a possible risk of delay in delivery, Masko Technology will inform the customer about this fact immediately, while providing the planned date of delivery. Masko Technology shall in no case be liable for delay or non-delivery for reasons caused by force majeure or customer actions that affect the delay. In the event of delays due to force majeure or the customer's action, the delivery period will be extended by the time required under the circumstances. Under no circumstances will the customer be entitled to compensation for indirect, consequential or special damages caused or related to the delay.

8. IPC standard

Masko Technology follows the IPC 6012 standard.

9. Warranty and complaints

The customer is obliged to check the condition of the products upon delivery. Complaints and comments should be submitted to Masko Technology in writing immediately from the moment any defects are discovered, but not later than four weeks after receiving the goods. If the customer does not file a complaint within four weeks, he loses the right to complain. Only written complaints will be considered by Masko Technology. Complaints regarding errors or lack of information in production files / documentation or design defects will not be accepted. The return of products must be approved by Masko Technology. Products to be returned must be packed in the same way as they were when picked up. In order to consider the complaint, Masko Technology reserves the right to perform a destructive analysis of the assembled panels that have been returned for testing. If the complaint is accepted, the goods will be repaired or replaced. Transport related to the repair or replacement of defective products will be at the expense of Masko Technology, in accordance with the instructions issued by Masko Technology.

10. Liability and compensation​​​​​​​

Masko Technology is only responsible for the damaged product delivered to the customer. If the complaint is accepted, Masko Technology will deliver to the customer within the agreed time a new product of the same type, version and in the same quantity as the defective products or, if possible, repair the defective products. Masko Technology's liability is limited to the repair or replacement of defective products. Masko Technology's liability is strictly limited to defects that will be disclosed within six months from the date of delivery of the products to the customer, provided that the customer handled and stored the products with due diligence. Masko Technology is not liable for damages to products or products manufactured by the customer, which include the Masko Technology material. It is not possible to pay compensation for assembled components, reprogramming of devices or other costs of rework or repair in an amount greater than twice the price of the defective board, unless otherwise agreed in writing. Masko Technology reserves the right to analyze complaints in its own quality laboratories, without the possibility of covering the costs in external laboratories. Masko Technology under no circumstances is responsible for the loss of the order by the client, for its lost profits and / or other indirect losses. This also applies to costs resulting from delays in delivery and / or delivery errors. Masko Technology's liability will in any case be limited to the amount of EUR 15,000.

11. Force majeure

Each part has the right to suspend the performance of its obligations under the contract to the extent that their performance is difficult or becomes extremely onerous for reasons beyond the control of the parties, such as fire, war, trade disputes, restrictions on the exercise of power, and subcontracted defects or delays in deliveries caused by any of these causes. Circumstances beyond the control of the parties, regardless of whether they occur before or after the conclusion of the contract, entitle to suspend the performance of obligations only if their impact on the performance of the contract at the time of concluding the contract could not be predicted.

12. Transportation costs​​​​​​​

The cost and risk of transport from Masko Technology's premises are borne by the customer.

13. Law

All contracts concluded by Masko Technology with its clients are subject to these Terms. Disagreements regarding deliveries and payments as well as any other misunderstandings will be finally settled in court with the location of the appropriate headquarters of Masko Technology sp.z o.o. The relations between the parties are governed by Polish law.