Mesera Parts can be accessed by anyone. However the supply of goods and services to private persons and end-customers is limited. Crane structures and crane specific items are only accessible to duly existing companies that are registered users of Mesera Parts.
In case you cannot find the needed spare part in the online listing of Mesera Parts you can always contact us or your local Mesera dealer directly with your spare part inquiry.
1. Scope / General
These terms and conditions (as they may be unilaterally amended and/or updated from time to time by the Seller) are the exclusive terms and conditions applicable to the use of this Mesera Parts and the purchase of spare parts via Mesera Parts. The seller of the spare parts is Mesera Cranes Finland Oy (“Seller”). The Seller’s contact information is the following:
Visiting/postal address: Mesera Cranes Finland, Wattitie 2, 21530 Paimio, Finland
Registered address: Wattitie 2, 21530 Paimio, Finland
Business identity code: 2270336-4
VAT code: FI22703364
When registering into or using Mesera Parts and/or purchasing spare parts via Mesera Parts, the Customer accepts these terms and conditions. The use of any other terms and conditions, such as those of the Customer, is expressly excluded. By registering into Mesera Parts the Customer waives the use and applicability of any other terms of sale and/or purchase, including without limitation the Customer’s own terms and conditions, despite any potential reference into such terms in the Customer’s order documents.
2. Offers and confirmations
All offers by the Seller are non-binding as to pricing and shipping availability. All orders placed by the Customer become valid and binding at the moment the Seller’s written (email) confirmation has left the Seller’s e-mail system to Customer’s e-mail address as registered by the Customer. The Seller makes no warranties, express or implied, as to the veracity or accuracy of illustrations, drawings, diagrams, weights or other technical data or electrical values given in Mesera Parts.
3. Delivery times
The applied delivery term and the related delivery time is normally given as CPT to the shipping address as provided by the Customer (Incoterms® 2010). The given delivery times are not binding and are estimates only. Unforeseen hindrances such as force majeure, industrial disputes, malfunctions of any kind, transport difficulties, entitle the Seller to rescind the Seller’s delivery obligation either in whole or in part. The Customer’s right to claim damages or compensation of any kind in such cases is expressly excluded.
Product prices as listed in the Mesera Parts are not binding and are given in euros ex-works Paimio, Finland excluding VAT and shipping charges. In case VAT is applicable to an individual delivery it shall be added to the price in Mesera Parts at the checkout. The Seller expressly reserves the right to change the prices given in Mesera Parts without notice at any time. Price for the shipping is calculated by the system in the Mesera Parts at the checkout, after the Customer has selected the products, shipping address and other delivery options. The final price for the products and shipping to the selected shipping address will be shown at the checkout.
Deviations in stock may appear and therefore the Seller does not guarantee the availability of spare parts quoted in Mesera Parts.
6. Order value / Surcharges
In orders under 100 euros excluding VAT and shipping charges there will be added 50 euros as a small order fee.
The price for the shipping is shown at the checkout and the Seller does not make any guarantees that the quoted shipping method is the lowest cost shipping method available. The Seller uses well known shipping companies (for example TNT or DB Schenker). Shipped products are packed in accordance to the recommendations of the used transportation company.
Packing cost will be added to the order as following:
In orders packed to a pallet(s) there will be added 40 euros/pallet as packing and handling costs.
In orders packed to a container other than pallet there will be added 25 euros/package as packing and handling costs.
Shipment is at the Seller’s discretion and no guarantee of the cheapest available method being used is given. Normal well known shipping companies are used (for example TNT or DB Schenker). DB Schenker is used for most of the shipments inside Finland. The orders are shipped at the Customer’s risk.
9. Limitation of liability
To the fullest extent allowed by applicable law, the Seller shall in no event be liable for any loss of profit, loss of use, loss of contracts, loss of business, loss of customers, loss of good will, contractual liabilities of others or for any indirect or consequential loss or damage or punitive, special or incidental damage suffered by the Customer due to or otherwise arising out of or in connection with the purchase by the Customer of spare parts via Mesera Parts. In addition, Mesera Cranes Finland Oy shall in no event be liable for any type of loss, expense or damage whatsoever, including without limitation any direct damage, caused by or associated with
(i) the Customer’s use or inability to use Mesera Parts;
(ii) any information given on Mesera Parts, including without limitation any inaccuracies in such information and/or the Customer’s reliance on or any other use of such information;
(iii) any delay in the delivery of spare parts; and/or
(iv) any information provided and/or submitted by the Customer or any lack thereof.
The Seller has no liability to notify or otherwise inform the Customer about any changes and/or updates in the information, data or services contained or provided via Mesera Parts. Unless the Seller expressly informs otherwise in connection with such an individual change or update, any such changes and/or updates shall become applicable as of the moment these become visible on Mesera Parts and the Customer may not rely on any previous information, data or service provided.
In any case, Mesera Cranes Finland’s liability for any and all damage, cost and/or expense arising out of or relating to Mesera Parts and spare parts sold and delivered through Mesera Parts is limited to the price of the individual spare part to which such damage, cost and/or expense relates to.
All spare parts sold by the Seller have a warranty as stated in Term of Warranty of Mesera Cranes Finland or the warranty of the supplier of Mesera Cranes Finland. Under the Warranty the Seller warrants that the spare parts are free from defects in material or workmanship during the warranty period. Any possible remedy of the defect is made, at the option of the Seller, by either repairing the defects or faults or by supplying the respective correct parts to the Customer.
The Customer shall bear the risk and cost of transportation of the returned spare part to the Seller. Any and all costs arising out of or in connection with the installation of any repaired or replacement parts or dismantling or uninstalling any defective parts are expressly excluded under the Warranty.
The Warranty shall not cover and is exclusive of normal wear and tear, improper or negligent use or installation of spare parts, theft, accident, vandalism or tampering of the spare part in question or the equipment where such spare part is installed to.
Any possible warranty claims shall be sent by the Customer to the Seller in accordance with the RMA process.
11. Returning spare parts
Customer must contact the Seller prior to the actual return of the spare parts to indicate the Customer’s wish to return the spare parts. Costs and fees associated with the return are agreed upon separately. The spare parts to be returned must be received by the Seller within thirty (30) calendar days from the date when the Seller confirmed to the Customer the possibility to return the part in accordance with the RMA process.
Return shipment is at the risk and expense of the Customer. All return shipments must be accompanied by the Seller’s delivery note or invoice.
Notwithstanding the foregoing, electronic components exposed to the risk of static electric shocks, including without limitation printed circuit boards, which have been sealed by their manufacturer or by the Seller, can only be returned if the seal of their original antistatic packaging is unbroken.
12. Payment conditions
As a standard procedure the Seller requires a 100% down payment with a credit card or by wire transfer. Seller may, upon its discretion, agree on a case-by-case basis with any customer that they will be invoiced for their purchases instead of 100% down payment and in these cases the payment is due and payable in full within 30 days or agreed amount of days of the date of the Seller’s invoice. Upon its discretion, the Seller may at any time require a 100% down payment for future purchases from any customer or change the payment terms otherwise.
In cases where down payment is required and the customer has not paid the down payment within 30 days or agreed amount of days from the date of the pro forma invoice, the Seller has the right to cancel the respective order and the same offer and price may not apply anymore.
All invoices are being emailed from Seller’s e-mail system to the Customer after the respective order is created. In order to make sure that all invoices reach the correct contact person of the Customer, it is the responsibility of the Customer to inform the Seller immediately of any changes in contact details for emailing invoices in electronic format.
13. Intellectual Property Rights
The Seller and/or Mesera Cranes Finland Oy (as applicable) shall retain title and ownership of all intellectual property rights owned by such entity and relating (whether directly or indirectly) to the spare parts sold or provided by the Seller, including but not limited to software, firmware, drawings, technical documentation or other technical information delivered by the Seller to the Customer. The Customer shall not copy, modify or reverse engineer any spare parts, or any software, firmware, drawings, technical documentation or other technical information supplied by or on behalf of the Seller in connection with the spare parts for any purposes whatsoever or allow third parties to do the same. The Customer shall have a non-exclusive limited license and right to use the software, firmware, drawings, technical documentation or other technical information delivered with or related to the particular spare parts supplied by or on behalf of the Seller in connection with the use and maintenance of the particular equipment into which such particular spare parts were incorporated. In case the spare part is sold or otherwise transferred further to a third party the limited license as granted herein shall follow with the spare part to such transferee.
The Customer acknowledges that different license terms may apply to spare parts, where the related intellectual property rights are not owned by the Seller and/or Mesera Cranes Finland Oy. In case any license terms are delivered with the spare parts to the Customer, the Customer is deemed to accept these by taking the spare part into use.
14. Export control and trade sanctions
The Customer assumes responsibility for and guarantees its compliance with all applicable export/import provisions, as well as with any associated embargo provisions, trade embargoes and sanctions. The Customer guarantees that products purchased from the Seller will be not sold to parties subject to the United Nations sanctions programs, or similar regional and national programs. Seller assumes no liability for any damages, costs or expenses that the Customer or any other party may incur as a result of the Seller being unable to deliver products due to any export control regulations, sanctions, restrictive measures or embargoes.
15. Applicable law; Place of jurisdiction
Mesera Parts, these terms and conditions of business and all orders placed and purchases executed via Mesera Parts shall be governed by the laws of Finland. Any dispute, controversy or claim arising out of or relating to Mesera Parts, these terms and conditions of business and all orders placed and purchases executed via Mesera Parts contract, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce by one (1) arbitrator appointed in accordance with the said rules. The arbitration shall take place in Helsinki, Finland in English language.
Notwithstanding the foregoing the Seller is at its sole discretion entitled to recover any unpaid payments, whether disputed by the Customer or not, from the Customer in any competent court of law and such court selected by the Seller shall have full jurisdiction to settle the Seller’s claim.
By accepting these terms the Customer agrees and thus parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the sale and purchase of spare parts between the Seller and the Customer. Similarly the Finnish Sale of Goods Act (Kauppalaki; 27.3.1987/355) shall not apply to the sale and purchase of spare parts between the Seller and the Customer.