Terms of Service
Please read these terms carefully before using Molytech's services and products
Introduction
Welcome to Molytech. These Terms of Service ("Terms") govern your access to and use of our website, products, and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Definitions
"Company," "We," "Us," "Our" refers to Molytech, an international trading company specializing in conveyor systems and industrial components.
"Customer," "You," "Your" refers to any individual or entity that accesses our website or purchases our products and services.
"Products" refers to all conveyor equipment, components, and related industrial machinery offered by Molytech.
"Services" includes but is not limited to technical consulting, custom design, installation guidance, commissioning support, and after-sales service.
Use of Services
2.1 Eligibility
You must be at least 18 years old and have the legal authority to enter into binding contracts to use our services. By using our services, you represent and warrant that you meet these requirements.
2.2 Account Registration
Certain services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use.
2.3 Prohibited Activities
You agree not to:
- Use our services for any illegal or unauthorized purpose
- Violate any applicable laws or regulations
- Infringe upon intellectual property rights
- Transmit viruses, malware, or harmful code
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt our services
Orders and Payments
3.1 Order Acceptance
All orders are subject to acceptance by Molytech. We reserve the right to refuse or cancel any order for any reason, including product availability, errors in pricing or product information, or suspected fraudulent activity.
3.2 Pricing
Prices are quoted in the agreed currency and are subject to change without notice. The price applicable to your order will be the price stated at the time of order confirmation. All prices exclude taxes, duties, and shipping costs unless otherwise specified.
3.3 Payment Terms
Payment terms will be specified in the quotation or sales contract. Standard payment methods include wire transfer, letter of credit, or other mutually agreed methods. Full payment must be received before shipment unless credit terms have been pre-approved.
3.4 Custom Orders
Custom-designed or non-standard products may require advance deposits and are non-refundable once production has commenced. Specific terms will be outlined in the project agreement.
Shipping and Delivery
4.1 Delivery Terms
Delivery terms will be specified according to Incoterms® 2020 (e.g., FOB, CIF, DDP) as agreed in the sales contract. Delivery dates are estimates and not guaranteed unless explicitly stated in writing.
4.2 Risk of Loss
Risk of loss and title for products pass to the Customer in accordance with the agreed Incoterms. Customers are responsible for inspecting shipments upon receipt and reporting any damage or discrepancies within 7 days.
4.3 Delays
We are not liable for delays caused by circumstances beyond our reasonable control, including but not limited to natural disasters, labor disputes, transportation delays, customs issues, or supplier failures.
Warranties and Disclaimers
5.1 Product Warranty
Products are warranted to be free from defects in materials and workmanship for the period specified in the product documentation or sales contract (typically 12-24 months from delivery). This warranty does not cover normal wear and tear, misuse, improper installation, or unauthorized modifications.
5.2 Warranty Claims
To make a warranty claim, you must notify us in writing within the warranty period and provide evidence of the defect. We will, at our discretion, repair, replace, or refund the defective product. This is your sole remedy under the warranty.
5.3 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOLYTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR PRODUCTS OR SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR PRODUCTS AND SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Intellectual Property
All content on our website, including text, graphics, logos, images, software, and documentation, is the property of Molytech or its licensors and is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from our content without our express written permission. Custom designs and technical drawings provided to you remain our property unless otherwise agreed in writing.
Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of business, including but not limited to technical specifications, pricing, customer lists, and business strategies.
This obligation survives the termination of these Terms and continues for a period of three (3) years unless otherwise agreed in a separate non-disclosure agreement.
Indemnification
You agree to indemnify, defend, and hold harmless Molytech, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use or misuse of our products or services
- Your violation of these Terms
- Your violation of any third-party rights
- Any negligent or willful misconduct
Governing Law and Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
10.2 Dispute Resolution
Any disputes arising out of or relating to these Terms shall first be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Institution], with the place of arbitration being [City, Country].
10.3 Exceptions
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights or confidential information.
Termination
We may suspend or terminate your access to our services at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use our services ceases immediately.
Provisions that by their nature should survive termination shall survive, including but not limited to warranties, disclaimers, limitations of liability, indemnification, confidentiality, and dispute resolution.
Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
If a force majeure event continues for more than sixty (60) days, either party may terminate the affected contract upon written notice.
Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes constitutes acceptance of the modified Terms.
For significant changes, we will make reasonable efforts to notify you via email or prominent notice on our website. It is your responsibility to review these Terms periodically.
General Provisions
14.1 Entire Agreement
These Terms, together with any sales contracts, quotations, or other written agreements, constitute the entire agreement between you and Molytech regarding the subject matter herein.
14.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.3 Waiver
No waiver of any term or condition shall be deemed a continuing waiver or a waiver of any other term or condition. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
14.4 Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.
14.5 Language
These Terms are prepared in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
Questions About These Terms?
If you have any questions, concerns, or comments regarding these Terms of Service, please don't hesitate to contact us. Our team is here to help clarify any aspects of our terms and ensure you have a clear understanding of our policies.