Special expenses such as consular and legalization fees, surcharges for congestion, etc…, will be charged extra at cost.
By placing their order with us, the buyer accepts our conditions of sale. We do not accept any deviating conditions stipulated by the buyer unless we have confirmed their acceptance expressly in writing.
Delivery times are estimated to the best of our ability, but these estimates are not binding. We reserve the right of part-shipments. In the case of force majeure or unforeseen delivery difficulties on our part, or on the part of our suppliers, we shall consider ourselves free to renounce order acceptance wholly or partially, or to delay delivery. Claims arising from delays of deliveries will not be accepted. Items listed in our catalogues and leaflets are subject to alterations. We must reserve the right to deviate from listings and also to use alternative materials. We reserve the right to correct mistakes in our catalogues, price lists, leaflets, offers, order confirmation, pro-forma invoices or invoices.
Dispatch is made without exception at the risk of the buyer and – if not stipulated otherwise – by the cheapest method.
Justified claims must be submitted in writing within 8 days of receipt of merchandise. If the claims are justified, we shall supply replacements free of charge. We cannot however, accept claims for damages beyond such replacements, nor claims on account of third parties. No merchandise is to be returned to us
unless our previous consent has been obtained in writing. Claims for consequential damage are not admitted. Confirmations of specifications must be designated as such specifically, and in writing. Where this does not apply, claims for damages, including claims for consequential damages are excluded, as are
also such claims based on unsuitability or deficiency if the agreed scope of application and suitability is exceeded.
Buyer may terminate the Order, in whole or in part, for convenience or cause, upon written notice to Supplier. Upon termination, Supplier shall cooperate to minimize costs and return any Buyer property.
Payment of our invoices has to be effected at the terms stated on the invoices. On expiry of the due term of payment, the Company reserves the right to apply the usual commercial rates of invoice.
Goods supplied remain our property until payment of all our demands under the business contract with the customer has been received. If goods supplied under reservation of ownership are sold, the customer will immediately relinquish to us, to their full extent all claims for payment(s) to which they become
entitled from the resale of the goods, as a safeguard of our payments demands.
The place for acceptance of goods and settlement is Malta.
Any dispute irrespective of the amount involved comes under the exclusive jurisdiction of the Maltese Courts.
Purchasing conditions of the customers are not legally effective, even though such conditions are specifically mentioned by the customer in correspondence.
Subject as provided below, we warrant all products supplied by us to be free from defects in material and workmanship for a period of twelve months from delivery (verified to our satisfaction). But our sole liability under such warranty shall be limited to replacing or issuing credit at our option, for any products
which have been returned to us, within 40 days of discovery of the respective defect, but always within the aforementioned twelve month period, carriage paid, so however that no merchandise shall be returned to us unless our prior consent has been obtained in writing.
– For any products not returned in the time and manner and subject to the conditions set out above.
– For any products in which the alleged defect is found upon examination to have been caused in whole or in part by misuse, neglect, overload, unsuitable lubricant, improper installation or repair, alteration or accident.
– For any products which are used in any form of motor competition or for performance improvement.
– For any transport, installation, removal, labour or other consequential costs.
– For any claims based on unsuitability of the product.
– For any claims made on behalf of third parties. We shall not be liable for any consequential damages or for any loses or damages of whatsoever nature, whether direct or consequential, or to whomever or howsoever caused, arising out of or through the use of any of the products supplied by them.
16. Applications
All information pertaining to specific vehicle applications, which are contained within catalogues, price lists and leaflets are based on the latest specifications available at the time of printing. Some applications may differ due to changes in the field. Whenever in doubt, the customer should follow the original equipment manufacturer’s recommended part number and procedure.
Any recommendations, suggested or advice which may be offered by us in technical literature or otherwise, is given in all good faith but we shall not be liable for any loss or damage arising there from and it is for the buyer to satisfy themselves as to the suitability of the respective products supplied by us for his own particular purpose and shall be deemed so to have done.
1.1 These Terms and Conditions (“Terms”) apply to all purchase orders (“Orders”) issued by Merit Malta Ltd (“Buyer”) to the supplier (“Supplier”).
1.2 Acceptance of the Order constitutes acceptance of these Terms unless otherwise expressly agreed in writing.
1.3 Supplier shall not subcontract performance of its obligations without Buyer’s prior written consent.
2.1 Supplier shall comply with ISO 9001, IATF 16949 (where applicable), relevant automotive industry standards, and all statutory and regulatory requirements.
2.2 Supplier shall maintain valid ISO 9001 certification and, where applicable, IATF 16949 certification. Supplier shall notify Buyer immediately of any suspension, withdrawal, or downgrade of such certifications.
2.3 Supplier shall maintain and continually improve a documented Quality Management System (QMS), ensuring traceability of products, and effective corrective and preventive actions.
2.4 Supplier shall provide certifications, inspection records, and test reports upon request.
2.5 Buyer reserves the right to conduct audits, inspections, and assessments of Supplier’s facilities, processes, and records with reasonable notice.
2.6 Supplier shall notify Buyer immediately of any product or process changes, deviations, or non-conformances that could affect product quality or delivery.
3.1 Supplier shall confirm acceptance of the Order in writing within 3 business days.
3.2 Failure to acknowledge the Order within the stipulated time may be interpreted as acceptance or may lead to cancellation at Buyer’s discretion.
4.1 Deliveries shall be made according to the agreed delivery schedule and shall comply with Buyer’s packaging requirements to ensure product protection and compliance with transportation regulations.
4.2 Supplier shall immediately, after becoming aware, notify Buyer in writing of any actual or potential delay or issue affecting delivery. Supplier shall specify the cause, duration, and proposed corrective actions.
4.3 Supplier shall, at its own cost, take all necessary measures to prevent production line stoppages, including premium freight, expedited transport, or alternative sourcing.
4.4 All shipments shall be accompanied by complete and accurate documentation, including packing lists, certificates of conformity, test reports, and any other documents required by the Order or applicable law.
4.5 Failure to provide timely notice of delivery issues may render Supplier liable for all resulting damages, including but not limited to production downtime, line stops, and recovery costs.
Buyer reserves the right to request changes to the Order, including quantity, delivery dates, specifications, or packaging. Supplier shall promptly notify Buyer of any implications such as changes in cost or delivery timeframes.
6.1 Buyer reserves the right to reject any products that do not conform to specifications. Nonconforming products may be returned or require Supplier to undertake corrective actions at Supplier’s expense.
6.2 Supplier shall establish and maintain a documented process for handling nonconforming products, including identification, sorting and evaluation.
6.3 Supplier shall investigate the root cause of nonconformities and implement effective corrective and preventive actions to prevent recurrence.
6.4 Supplier shall notify Buyer within 24 hours of discovering any nonconforming product already delivered.
6.5 Supplier shall maintain records of nonconformances and corrective actions and make them available to Buyer upon request.
7.1 All intellectual property rights related to Buyer’s designs, specifications, processes, and confidential information remain the exclusive property of Buyer.
7.2 Supplier shall not disclose, use, or reproduce Buyer’s confidential information except as expressly authorized.
7.3 Confidentiality obligations shall survive termination of the Order.
Payments shall be made in accordance with the terms specified in the Order or in a separate agreement.
Buyer may terminate the Order, in whole or in part, for convenience or cause, upon written notice to Supplier. Upon termination, Supplier shall cooperate to minimize costs and return any Buyer property.
These Terms shall be governed by and construed in accordance with the laws of Malta (EU). Any disputes arising shall be resolved by the competent courts located in Malta (EU).
11.1 Supplier commits to sustainable practices, including minimizing environmental impact, reducing waste, and promoting efficient use of resources throughout the supply chain.
11.2 Supplier shall comply with all applicable environmental laws and regulations and maintain certification to ISO 14001 where required.
11.3 Supplier shall provide information regarding the environmental impact of products and processes upon Buyer’s request and cooperate in sustainability initiatives.
11.4 Supplier shall work towards reducing carbon footprint and participating in circular economy initiatives.
12.1 Supplier shall adhere to ethical business practices, including compliance with labour laws, human rights, anti-corruption, and anti-bribery regulations.
12.2 Supplier warrants that all products supplied are produced in compliance with fair labour practices, including the prohibition of child labour, forced labour, and discrimination.
12.3 Supplier shall provide a safe and healthy working environment in line with ISO 45001 or equivalent standards.
12.4 Buyer reserves the right to audit Supplier’s compliance with these ethical standards and expects prompt corrective action if any non-compliance is identified.
12.5 Supplier shall maintain transparency and cooperate fully with Buyer in any investigations related to ethical sourcing.
13.1 Supplier warrants that all goods and services supplied under the Order shall conform to the agreed specifications, drawings, samples, and applicable standards.
13.2 The warranty period shall be 12 months from the date of delivery, unless otherwise agreed in writing.
13.3 During the warranty period, Supplier shall promptly repair or replace defective goods or re-perform defective services at no cost to Buyer.
13.4 The warranty period shall restart for repaired or replaced goods.
13.5 Supplier shall bear all costs associated with warranty claims, including removal, reinstallation, labor, and logistics.
14.1 Supplier shall be liable for all direct and indirect damages caused by defective products, delays, or failure to meet contractual obligations, including but not limited to costs arising from recalls, rework, premium freight, or production downtime.
14.2 Supplier shall maintain adequate insurance coverage to cover liabilities arising from the supply of goods and services to Buyer.
14.3 Neither party shall be liable for indirect or consequential damages except in cases of gross negligence, willful misconduct, or where damages result from Supplier’s failure to prevent Buyer’s production line stoppage.
15.1 Both parties shall comply with applicable data protection laws, including the General Data Protection Regulation (EU 2016/679) (“GDPR”).
15.2 Supplier shall implement appropriate technical and organizational measures to protect Buyer’s data against unauthorized access, loss, or misuse.
15.3 Supplier shall only process personal data as necessary to fulfill its obligations under the Order and shall not transfer such data to third parties without Buyer’s prior written consent.
15.4 Upon termination or expiration of the Order, Supplier shall return or securely delete all personal data received from Buyer, unless otherwise required by law.
Contact Us
tel: + 356 23603211
fax: +356 23603333
email: info@meritmalta.com
Merit Malta Ltd
KW9, Corradino Industrial Estate
Paola PLA 3000 – Malta
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