M&M Global LLC — equipment procurement and project solutions

TERMS & CONDITIONS

Effective date: [TO BE COMPLETED]
Last updated: [TO BE COMPLETED]

1. Scope and application

These Terms and Conditions govern the commercial relationship between M&M Global LLC ("M&M Global", "we", "us" or "our"), a limited liability company organized under the laws of the State of Wyoming, United States, and the client ("you") for sourcing, procurement, project management, logistics coordination, turnkey and custom equipment engagements.

They apply to every quotation, order confirmation and engagement, unless a signed agreement between the parties provides otherwise. They do not govern your use of this website, which is covered by our Terms of Use.

Your own purchase order terms, general conditions or portal terms do not apply to an engagement unless we accept them expressly in writing.

2. The parties

  • Registered legal name: [TO BE COMPLETED]
  • Employer Identification Number (EIN): [TO BE COMPLETED]
  • Office address: 1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, United States
  • Email: contact@metm-global-llc.com
  • Telephone: [TO BE COMPLETED]

These terms are intended for business clients. By entering into an engagement you confirm that you are acting for business purposes and that the person accepting the engagement is authorized to bind you.

3. Our role

We act as an intermediary and coordinator. Unless a written agreement expressly states that we sell equipment as principal, we are not the manufacturer, the seller, the carrier or the customs broker. The equipment is manufactured and sold by third-party suppliers, transport is performed by third-party carriers, and customs formalities are performed by licensed brokers.

Our obligation is to perform our services with reasonable skill and care: to search and verify suppliers, to negotiate and document commercial terms, to follow production, to coordinate freight and documentation, and to report accurately to you. We do not guarantee the performance of a third party, and we do not underwrite the obligations of a supplier or a carrier.

4. Quotations and formation of contract

A quotation is an invitation to proceed, not a binding offer, and it is valid only for the period stated in it. Prices are based on the specification, quantities, currency, freight rates, duty position and supplier terms known at the date of issue.

An engagement is formed when you accept a quotation in writing and we confirm that acceptance, or when both parties sign an agreement. No contract is formed by an enquiry submitted through this website.

Where a quotation and these terms conflict, the quotation prevails for the matter it addresses. Where a signed agreement and these terms conflict, the signed agreement prevails.

5. Specification and your information

Our work is driven by the specification agreed with you, including the technical requirement, the destination, the electrical supply, the site constraints and the standards the equipment must meet.

You are responsible for the accuracy and completeness of the information you provide, and for confirming that the equipment specified is suitable and lawful for its intended use at its destination. Where you approve a drawing, a technical sheet or a proforma invoice, that approval is the basis on which the order is placed.

Changes to the specification after an order is placed are handled as variations. We will obtain the supplier's position on feasibility, cost and schedule and implement the change only once you confirm it in writing.

6. Orders and supplier terms

We place orders with suppliers on your behalf and on your instruction. Each order is subject to the supplier's own terms of sale, which we negotiate but do not write. We will bring to your attention the terms that materially affect you, in particular deposit requirements, cancellation charges, warranty scope, tolerances and delivery terms.

Payment milestones are tied to production stages wherever the supplier will accept it. We do not release a payment that has not been approved by you.

7. Fees and cost structure

Every proposal separates the cost lines so that you can see what is being bought and what is being charged for:

  • Equipment cost, being the supplier price of the equipment
  • Sourcing and consulting fee, for identifying, verifying and comparing suppliers
  • Project management fee, for coordination of suppliers, schedule, documents and inspections
  • Shipping and logistics, covering freight, insurance where arranged, handling and clearance
  • Additional services, quoted only where you request them

Amounts depend on the project and are confirmed in writing before any order is placed. Unless the quotation states otherwise, prices exclude import duties, taxes levied in the destination country, port and terminal charges, storage, demurrage, unloading, installation and commissioning.

8. Payment terms

Invoices are payable in the currency and within the period stated on the invoice. Payment is made by bank transfer to the account named on the invoice, and bank charges, intermediary bank fees and currency conversion costs are for your account.

We do not change our bank details by email in the course of a project. If you receive a message purporting to change our payment details, do not act on it and contact us using the telephone number or address published on this website.

Where an invoice is not paid when due, we may suspend work, suspend the release of documents, and decline to place or progress an order, and interest may be charged at the rate permitted by applicable law. Amounts committed to suppliers, carriers and brokers on your behalf remain payable regardless of any dispute over our fees.

9. Delivery, risk and customs

Transport, incoterms, documentation, customs clearance, duties and taxes, and the transfer of risk are governed by our Shipping and Delivery Policy, which forms part of these terms. Unless the written agreement expressly states otherwise, the buyer is the importer of record and bears all duties and taxes levied in the destination country.

Production lead times and transit times are estimates provided by suppliers and carriers. They are not guaranteed by us and do not constitute a commitment on which a claim can be based, unless a written agreement expressly makes a date binding and states the consequence of missing it.

10. Inspection, warranties and claims

Equipment carries the warranty granted by its manufacturer or supplier, on the terms and for the period stated in the order documentation. We pass those warranty rights through to you and assist you in exercising them. We give no independent warranty on third-party equipment, and we do not extend, enlarge or replace a manufacturer's warranty.

You must inspect the equipment on arrival, record any shortage or damage on the delivery documents before signing, and notify us in writing without delay. Claims for loss or damage in transit are governed by the carriage conventions and the cargo insurance policy, and are subject to short notice periods.

11. Limitation of liability

To the fullest extent permitted by applicable law, and except in the case of fraud, willful misconduct or any liability that cannot lawfully be limited:

  • Our total aggregate liability arising out of or in connection with an engagement is limited to the amount of the fees we have received from you for that engagement
  • We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, revenue, production, business opportunity, contracts, goodwill or data, however arising
  • We are not liable for the acts, omissions, insolvency, delay or defective performance of a supplier, manufacturer, carrier, forwarder, inspection body, customs broker or public authority
  • We are not liable for loss arising from information provided by you that is inaccurate or incomplete, or from a decision you take against our written advice

Each party bears responsibility for maintaining insurance appropriate to its own risks.

12. Force majeure

Neither party is liable for failure or delay in performing an obligation, other than an obligation to pay money already due, where the failure results from an event beyond its reasonable control. Such events include natural disasters, epidemics, war, civil unrest, terrorism, strikes and labor disputes, port or terminal closures, carrier schedule failures, cyber incidents, embargoes, sanctions, changes in law, and acts of a government or customs authority. The affected party will notify the other without delay and take reasonable steps to mitigate the effect.

13. Compliance, sanctions and anti-bribery

Each party will comply with applicable export control, sanctions, customs, anti-money laundering, anti-bribery and anti-corruption laws, including the United States Foreign Corrupt Practices Act.

You confirm that you are not, and are not acting for, a person or entity subject to sanctions, and that the equipment is not intended for a prohibited end use, end user or destination. We may screen counterparties and may suspend or terminate an engagement, without liability, where compliance requires it.

14. Confidentiality

Each party will keep confidential the non-public information disclosed by the other in connection with an engagement, use it only for the purposes of that engagement, and disclose it only to those who need it, including suppliers, carriers, brokers and advisers involved in the project, and where disclosure is required by law or by a public authority. Personal information is handled in accordance with our Privacy Policy.

15. Intellectual property

Each party retains ownership of the intellectual property it held before the engagement. You retain ownership of the specifications, drawings and documents you provide, and grant us a license to use them for the purposes of the engagement. Reports, comparisons, schedules and other documents we produce remain our property and are licensed to you for use in connection with the project for which they were prepared.

16. Term, suspension and termination

An engagement runs until the agreed services have been performed. Either party may terminate it in accordance with our Refund and Cancellation Policy, which forms part of these terms and distinguishes the cancellation of our services from the cancellation of an equipment order placed with a third-party supplier.

We may suspend or terminate an engagement where an invoice remains unpaid after a reminder, where information provided to us is materially inaccurate, or where continuing would breach applicable law. On termination, fees for work performed and commitments made on your behalf remain payable.

17. Notices

Notices under these terms are given in writing to contact@metm-global-llc.com and to the office address stated above, or to the address and contact person named in the engagement. A notice sent by email is effective when acknowledged by the recipient.

18. Assignment and subcontracting

You may not assign or transfer an engagement without our prior written consent. We may subcontract parts of our services to suppliers, forwarders, brokers and inspection bodies, and we remain responsible to you for the coordination we have agreed to perform.

19. Governing law and dispute resolution

These Terms and Conditions, and any dispute arising out of or in connection with them or with an engagement, are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties will first attempt to resolve any dispute in good faith through discussion between their representatives. Failing resolution, the state and federal courts sitting in the State of Wyoming have exclusive jurisdiction, and each party submits to the personal jurisdiction of those courts and waives any objection based on venue or forum non conveniens.

20. General provisions

If any provision of these terms is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary and the remainder will continue in full force. A failure to enforce a provision is not a waiver of it. No third party has any right to enforce these terms. These terms, together with the quotation, the order confirmation, our Shipping and Delivery Policy, our Refund and Cancellation Policy and our Privacy Policy, constitute the entire agreement between the parties in relation to an engagement, and supersede any prior discussion or representation.

21. Contact

M&M Global LLC
1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, United States
Email: contact@metm-global-llc.com
Telephone: [TO BE COMPLETED]

This document is a template prepared for the operator of this website. It has not been reviewed by an attorney, it does not constitute legal advice, and it may not reflect the commercial, trade or consumer protection rules that apply to your business or to your clients' jurisdictions. Have it reviewed and adapted by qualified legal counsel before publishing it or relying on it.