1. INTRODUCTORY INFORMATION
- 1.1 The equipment supllied by DISEÑOS Y MONTAJES MECANICOS S.L. is offered under these TERMS AND CONDITIONS and documentation attached to the offer. Any modification made by the buyer, may lead to modification of our offer, except in cases where the buyer had previously notified DISEÑOS Y MONTAJES MECÁNICOS S.L. in their request for offer.
- 1.2 The SPECIAL CONDITIONS indicated in our offers will prevail over these TERMS AND CONDITIONS
2. VALIDITY OF THE OFFER
- 2.1 The period of validity of our offers is thirty (30) calendar days starting on their respective dates.
- 3.1 No order will be considered in firm until its acceptance in writing and according to the terms notified in the ORDER ACKNOWLEDGEMENT .
- 4.1 The prices indicated in our offers refer to material placed in our workshops, including normal packaging, unless otherwise is indicated in writing.
- 4.2 These prices will be firm and not revisable until the full completion, as long as the order is completed within the period of validity of the offer, and the delivery time initially offered or agreed upon in the order acknowledgment is not delayed, for cause attributable to the buyer.
5. DELIVERY TIME
- 5.1 The delivery period is understood as of the date of receipt of the order and clarification of all technical and commercial issues. This period must be confirmed in the acknowledgment of the order receipt.
- 5.2 It may be extended without penalty in cases of force majeure.
- 5.3 The supply will be considered delivered at the time when DISEÑOS Y MONTAJES MECÁNICOS S.L. informs the buyer that the material is available to them in our workshops.
- 6.1 No penalty will be accepted if this clause has not been included in the corresponding request for an offer.
- 6.2 In all cases where penalties apply, these may not exceed 5% of the value of the delayed supply, or 0.5% per week.
- 6.3 The penalty can only be applied when the delay in delivery causes the buyer a demonstrable economic loss.
- 7.1 Our equipment is guaranteed for a period of ONE YEAR from the delivery date in our workshops.
- 7.2 This guarantee will cover the shipment of those parts recognized as defective, as soon as possible, and that are not caused by improper use or incorrect assembly of the extinguishing system when the assembly is carried out by the customer.
- 7.2 If specified by the buyer, we can send a certificate together with the delivery note or the invoice, stating that the FOGMAKER extinguishing systems meet the stipulated conditions and that they have such guarantee.
8. TRANSPORTATION AND INSURANCE
- 8.1 By request of the buyer, DISEÑOS Y MONTAJES MECÁNICOS S.L. can be in charge of managing both transportation and insurance of the material, travelling at the buyer’s risk.
9. ORDER CANCELLATION
- 9.1 In case of order cancellation , the buyer is obliged to satisfy DISEÑOS Y MONTAJES MECÁNICOS S.L. the total amount of the sale value of the works and acquisitions made. In no case may this amount be less than 10% of the value of the order.
10. PAYMENT TERMS AND CONDITIONS
- 10.1 The payment terms will be those established in our offers and agreed upon in the acknowledgment of the order receipt.
- 10.2 If the delivery period indicated in the acknowledgment of the order receipt is delayed for reasons attributable to the buyer, DISEÑOS Y MONTAJES MECÁNICOS S.L. will be entitled to invoice for the total amount of the supply, based on the agreed delivery date, and according to point 5.3 of these conditions.
- 10.3 Claims of any kind do not justify the withholding of payments and noncompliance of their commitments by the buyer. When these claims are appropriate, they will be estimated, valued and liquidated regardless of the price contracted.
- 10.4 In case of any delay in payments, the buyer will have to compensate DISEÑOS Y MONTAJES MECÁNICOS S.L. for the economic loss caused.
11. RESERVATION OF TITLE
- 11.1 DISEÑOS Y MONTAJES MECÁNICOS, S.L. will retain full ownership of its supplies, even in front of third parties, not transferring this property by the mere fact of delivery, while the reciprocal condition of total payment of the amount is not fully and satisfactorily fulfilled.
- 12.1 Both parties expressly submit themselves to the ZARAGOZA Courts
13. AFTER-SALES SERVICE
- 13.1 The FOGMAKER extinguishing systems and ARAHIDRA hydraulic couplers that arrive at the facilities of DISEÑOS Y MONTAJES MECÁNICOS S.L. to offer the repair estimate, will be sent pre-paid. Once the estimate sent to the customer by DISEÑOS Y MONTAJES MECÁNICOS, S.L., it will have a validity of 6 months, after this period, if the customer does not accept the estimate,they will be offered the possibility of sending those items freight collect. If the customer declines this possibility, it will be considered that the merchandise becomes the property of DISEÑOS Y MONTAJES MECÁNICOS S.L.