GENERAL TERMS AND CONDITIONS

1. GENERAL PROVISIONS

1.1. These General Terms and Conditions of Sale apply to all transactions, whether for the sale of products or the provision of services.

1.2. The placing of orders and/or service requests by the Customer implies the unreserved acceptance of and adherence to MOGAMAC's General Terms and Conditions of Sale.

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2. Dealer/Customer
2.1 Applicants for Dealer/Customer status must meet the requirements set by MOGAMAC, which will deny or withdraw such status whenever any of the following verify separately or cumulatively: lack of suitability, breaches of commercial ethics, late payments, lack of commercial interest in MOGAMAC, as well as failure to comply with the requirements for Customer status.

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3. Orders
3.1 All orders shall be placed based on the nomenclature used by MOGAMAC in its Catalogues or Price Lists.
3.2 MOGAMAC shall only be bound by acceptance if the Customer has settled any outstanding debts.
3.3 MOGAMAC assumes no responsibility for incorrect specifications in the order request, particularly with regard to the suitability of the equipment for use. Whenever the Customer has any questions about specific equipment, they should contact our Sales or After-Sales Service, which will provide all the necessary technical clarifications.

3.4 After the delivery date, the customer has up to 15 days to return the equipment. However, returns of equipment that has been modified or equipment that is not part of the current manufacturing range will not be accepted.

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4. Gross Tare Weight of Equipment
4.1 MOGAMAC reserves the right to present a gross tare weight for each piece of equipment with a positive or negative variation of up to 4% of the advertised gross tare weight.​

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5. Sales
5.1 Equipment bearing the ‘MOGAMAC’ brand is sold in accordance with these General Conditions of Sale.
5.2 Sales are made at the prices and under the conditions of the price lists in force on the date of delivery.

 

6. VAT
The prices indicated in the price lists are subject to Value Added Tax at the legal rate applicable to the type of equipment.

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7. Payments
Payments for supplies made by MOGAMAC shall be made in one of the following ways: bank transfer or bank deposit.

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8. Warranty Conditions and After-Sales Service
8.1 In compliance with the provisions of the Machinery Directive, MOGAMAC:
     a) Manufactures its equipment in compliance with applicable safety standards, particularly with regard to the protection           of moving parts;
     b) Always issues a Certificate of Conformity, referring to the standards and regulations complied with;
     c) Issues a User Manual and Parts Catalogue for each piece of equipment.
8.3 This Warranty only includes the supply, for replacement, of accessories or components that are proven to be defective in manufacture or assembly, and never covers the payment of labour or travel expenses.
8.5 The warranty does not cover:
    b) Natural wear and tear of the equipment and obsolescence;
    d) Replacement of any accessory or component with one not manufactured by MOGAMAC or recommended by                      MOGAMAC;
8.6 Components not manufactured by MOGAMAC, such as cardan transmissions, are not covered by the Warranty and are the sole responsibility of their respective manufacturers. In this case, MOGAMAC may only act, when requested to do so, as a mediator between the Customer and the respective manufacturer. The latter's decision will be communicated to the claimant, as well as all its consequences.
8.7 MOGAMAC is not responsible for any period of equipment downtime, and the Customer may not demand payment of any compensation, consequential damages and loss of profits or any other amount for equipment downtime, namely for reasons of repair and/or after-sales service.
8.8 The power ratings indicated by MOGAMAC in catalogues, price lists and other documentation as necessary for any MOGAMAC manufactured equipment may vary according to the different types and conditions of the soil, the capacity and experience of the operator, the condition of the tractor and its grip on the ground where it is working, i.e. they vary with the degree of efficiency in assessing the calculation of the power required.

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9. Complaints
9.1 MOGAMAC has a complaints handling system in place with a warranty that all non-conformities verified in its equipment are properly analysed and dealt with, using procedures created for this purpose. Thus, not only is a computerised record of anomalous situations established and maintained, but also (where appropriate) appropriate corrective actions are taken to prevent further occurrences.
9.2 The deadline for submitting such complaints is fifteen days from the date of occurrence or detection of the non-conformity. If the customer fails to comply with their obligation to verify and complain within fifteen days of receiving the equipment, they forfeit the right to submit a complaint for manufacturing and/or assembly defects under the warranty.
9.3 It is mandatory to send the parts and accessories that are the subject of the complaint for examination by MOGAMAC's Technical Services and Quality Department.