Selling conditions

These conditions as well as other special conditions agreed in the contract apply to all deliveries and services. The clients´ sales conditions which are different from those established in this document will not make up part of the contract while accepting orders. Contracts are signed, except in the case of disagreement, where a written confirmation letter is provided by the salesperson.

The salesperson reserves the right to ownership and copyright of specimens, estimations, designs and information. Access of a third party is forbidden.

PRICES AND PRODUCTS OFFERED

Costs include, except stated otherwise, the loading of merchandise from our warehouse, however, packaging, transport and delivery costs are not included– neither are taxes, which will always be the responsibility of the buyer as well its installation.

Estimations only include specified materials, goods and services. Suggested prices are those in effect during the validity of the offer.

In case of delivery after the specified delivery date, prices will vary and all materials will be invoiced with a new price for the new delivery period. Prices do not include, except stated otherwise, the assembly and installation of delivered materials, recommended fluids for carrying out technical services by manufacturers, containers, as well as advice on the installation of  materials.

DOCUMENTATION, DRAFTS AND DESIGNS

Information related to the products offered such as plans, designs, sketches and catalogues and/or other technical documents are only informative ones and aim at giving a general image of equipment described, these are not considered in the contract, unless there is some written agreement otherwise. The salesperson will not be responsible for the inaccuracy or omission of details in the latter, except in cases of a down payment and according to the nature of inaccuracy on the value of the product. The only case where the return of equipment will be accepted is if the product does not match the certified delivery documents.

Before purchasing a product the client should verify its compatibility and it’s assembling in his facilities and only the client will be responsible for its installation which should comply with rules and standards.

WORK SITE
Work estimations performed on customers’ work site are only estimations and a transaction cannot take place except if an agreement is reached by both parties.

REPARATION OF EQUIPMENT

Reparation will not begin until a written letter of acceptance is received from the customer of the estimation and the conditions applied.

In the case where the estimation is not accepted by the customer within a period of one month, the costs related to assembling, storage, and transport will be the responsibility of the latter.

If the client demands the reparation of equipment before accepting estimation, reparation will be performed as soon as possible and, the latter will have to accept the reparation costs.

In the case of new equipment being delivered instead of their reparation, the client will have to accept all costs related to their delivery if it is out of warranty.

The company is not held responsible for the malfunction of equipment repaired, due to fault on the clients’ behalf especially if the new case of malfunction has nothing to do with the original product or the reparations performed.

We guarantee the good operation of the repaired product.

Upon the client’s request a certified bench test will affirm the correct operation of equipment. In such a case an invoice of the cost of the mentioned proof or certificate will be sent to the client.

The company will only be held responsible if the customer proves that the new malfunction of equipment is due to faulty or incorrect repairing.

TERMS OF DELIVERY

The salespersons has the right to refuse an order depending on the product availability. In such a case, the client will be informed as soon as possible.


The delivery delays will be agreed on by both parties on the contract. It will be calculated from the reception date on the order confirmation form; the salesperson will be able to carry out transactions without interruption. The salesperson will not be held responsible for delays in the provision of all or some of the merchandise, such as natural disasters, legal restrictions, strikes, etc, or any other reason beyond our control. In the case where one of the problems previously mentioned occurs, the delivery delay will be extended to the same period of time as that of the problem which caused the delay. However, if the time period exceeds six months, the salesperson can choose to cancel the part of the contract not yet fulfilled; a written notice should be previously given to the buyer.


We always try our best to meet delivery delays indicated on our confirmation order forms. However, sometimes it is impossible to meet certain delays as the company depends on its suppliers and sometimes unexpected circumstances may arise, which are beyond our control. For such reasons the company will not accept any fines for delivery delays. When it concerns equipment manufactured by our company such as hydraulic power stations or their assembling, the time delay indicated on the estimations or order confirmation forms will always take into account the fact that the finished product will be delivered to us by our suppliers on the expected date. In order to meet this delivery delay and with the customers’ permission we can substitute whichever product by another of a greater value. We will thus have the right to modify the selling price.

OWNERSHIP RIGHTS

The salesperson maintains the ownership of the product until the buyer pays in full. It will be the responsibility of the buyer to take the necessary measures to keep the products in a good state until he has settled his payment as well as to guarantee payment to the salesperson even in the case where the equipment has been sold to a third party.

RETURNS AND REIMBURSEMENTS

We will not respond to any claims that are not carried out within 15 days of the expedition date of merchandise. Return of equipment is exclusively applied to equipment that isn’t specifically manufactured to suit the buyer. Our company will not accept any equipment returned without previous written authorization. All returned equipment will have to be accompanied by a written authorization, a copy of our delivery note and will bear an extra fee of 20 % of the cost of the returned equipment. All transport costs are the client’s responsibility. All returned equipment Ex-work will be returned to the sender.

WARRANTY TERMS

With the exception of other written clause or clauses established by law the warranty period will always be established by the manufacturer of the product at hand. Generally, for our products, our warranty period lasts 12 months from the date of its installation or 13 months from the delivery date or before 1200 hours of operation. No claims will be taken into consideration if one of the stated cases is no longer valid. For other supplies the warranty period is 6 months.

Minute defects due to assembling are not included in the warranty. We will not respond to any claims that are not written or that are made after the warranty period.

In the case of defects on delivered equipment, the seller will only accept responsibility or agree to replace or repair the defective equipment or parts, on condition that goods have been handled with care and that the damages occurred are due to faulty material or manufacturing.

The warranty only applies to defective equipment stored in our warehouses. Costs and risks associated to the transportation of equipment are the responsibility of the customer.
The salesperson puts a warranty on his goods and is not responsible for defects or damages which may be caused to these products in machines or in their facilities. In no case will the salesperson be held responsible for personal accidents, or production losses.

Advice given before and after signing a contract is done with the best intentions and in the best of our knowledge. However the salesperson takes no responsibility concerning this and will not respond to any direct or indirect damages or harm which may occur.

The buyer cannot request a warranty if he has not agreed on payment obligations.

WARRANTY PAYMENT

Unlike warranty conditions of other companies, we will not accept delayed payments of a specified percentage only in circumstances of reserved warranties except when an agreement is written.

TRANSPORT

Goods are always recuperated from the geographical location of the seller, including transactions where the delivery is the final destination place. Costs and risks linked to the transportation of goods are the responsibility of the buyer. Additional insurance of goods and possible authorizations are the responsibility of the client.

URGENT DELIVERIES

Whatever the means of transport used (airplane, post, messages, special agencies etc,), the buyer will be responsible for all costs linked to the transportation of goods. This cost should not be inferior to a total of 60 €.

SPECIAL ORDERS

All special equipment orders bears the related contract between the buyer and the seller, which should clearly state the conditions in which the transaction should be carried out. A down payment should always be made with each order, usually a third of the total price, which the buyer could keep as a means of indemnity in case of cancellation on his part.
 

MINIMUM SALES

The salesperson can request that the first transaction as well as all orders inferior to a total of 60 euros be paid in cash.

DISCOUNTS ON ADVANCED PAYMENT

Cash payments ,cash on delivery, advanced payments or the delivery of goods after payment is received, can undergo a maximum discount of 3%.

Advanced payment, payment upon receipt of invoice, or payment by cheque, or any other means of payment by which the customer pays for goods after having received them is not considered as a cash payment.

PAYMENTS

Payments are settled for the latest, 60 days after the invoice date and on receipt of a credit authorization, except when there is another agreement between the parties involved. If the buyer does not pay for all the goods, the salesperson has the right to stop all future deliveries until the customer has settled the amount owed.  All bank charges linked to the payment of equipment, as well as costs related to equipment returned will be the responsibility of the customer. In case of payment delays, without imposing on the rights of  the buyer by the current legislation, the buyer should pay the salesperson an interest of 2 % for delays each month as from the expiry date of the invoice.

POSTPONED PAYMENTS

Payments will not be accepted if paid 30 days after the date of the invoice.

BILLS OF EXCHANGE PAYMENT OR THE RETURN OF DEFERRED RECEIPTS

Bank transfers are always done by bills of exchange and standing orders.
Late payments superior to 60 days will be subjected to an additional fee for the latest 90 days from the invoice date, with a fixed payment date. An increase of 1 % per month will be effected, the corresponding VAT should be paid in its totality either in the first delay period or for the latest 90 days after the invoice date.

PAYMENTS OF BILLS OF EXCHANGE OR RETURNED OR DEFERRED RECEIPTS

The drawer of the Bill of Exchange will be responsible for the following:
Costs of merchandise returned

An interest of 1 % paid per month from the day exceeding the maturity date up to the final date of payment.

The costs involved in the creation of new documents

Insurance premiums.

RETURNED MATERIALS

Provided that our terms of payment with our  regular suppliers compel us to take into account expiry dates reached during vacation periods, postponement of payment will not be accepted for such reasons. The client will be able to choose amongst the following options:

a) Settling his payment during the holiday period, by means of an accepted letter and a standing order.

b) Postponing the payment to the month after the vacation period, the payment will include an additional fee of 1 %; however this percentage will depend on the interest at the specified time.

c) Settling his payment prior to the vacation period, in this case he will receive a 2 % discount.

d) Paying 50 % of his payment the month before the vacation period and 50 % after the vacation period, without any additional fee.

DUTIES
Acceptance of the delivered merchandise includes acceptance of the salespersons’ sales conditions except if some written agreement has been established otherwise.
 

APPLICABLE RIGHTS AND JURISDICTIONS

Juridical matters between the salesperson and the buyer are subjected to Spanish law.

In the case of judicial proceedings, the court most adept will be that of the salesperson. However, the salesperson can choose to submit to legal action at the buyers’ geographical location.