Terms of sale
SANDE Y DÍAZ reserves the right to reject orders received on the basis of justified criteria.
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With the delivery to the first carrier, if the contract includes freight.
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In other cases, since it makes available.
Unless expressly agreed to the contrary, the payment period shall not exceed 60 calendar days from the invoice date. The buyer shall provide the seller the agreed payment document (check, promissory note, draft or other validly admitted) within 30 days of the invoice date. Notwithstanding the above restrictions, the following conditions are stipulated for payments:
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First operation: CASH to acceptance of the order (payment prior to delivery).
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Orders less than 100 €: CASH, check or promissory note at delivery.
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Orders between € 100 and € 10,000: 100% upon deliveryof supply or installation execution using accepted and domiciled bank draft, to a maximum of 60 days from invoice date which may be replaced by another document of payment accepted.
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Orders over € 10,000: 30% upon acceptance of the order, 70% upon delivery / installation using accepted and domiciled bank draft, to a maximum of 60 days from invoice date, which may be replaced by another document of payment accepted.
In case of delivery and assembly on behalf of SANDE Y DÍAZ will be performed by the customer, unless otherwise stated in the particular conditions :
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Accessibility to the location for trucks and/or cranes
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Permits and/or licenses of any condition
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Civil works and development, including pipelines
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Aids masonry necessary for assembly
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Control water samples, water analysis
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Electric connection, and connection to utility company
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Cranes and lifting equipment
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Transport of material from factory to the installation location
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Collective protection means, such as scaffolding, etc
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Studies and projects
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Maintenance
The goods supplied have the warranty period offered by the manufacturer, which will be at least 12 months from the delivery or provision of supply. The seller warrants that the goods shall at the time of delivery to the agreed characteristics lacking any physical defect in materials or processing. The seller undertakes to replace or repair any defective part or component as a result of a manufacturing defect or poor quality of the material.
Seller shall not be responsible for any additional damage due to the lack of conformity of the goods supplied. The warranty does not cover transportation costs or shift or personnel work, unless otherwise expressly agreed.
Seller shall not be liable for defects in the goods arising from abnormal use of it, misuse, lack of maintenance, willful damage, abnormal working conditions or installation, poor electrical connections, mounting defects, failure to observe the instructions given by the vendor and repair or improper handling of the goods without seller approval or anyone othernot authorized by SANDE Y DÍAZ. It does not cover water damage due to negligence of the purchaser or parts subject to normal wear. The warranty is void if there is a failure on payment, even partially, when there are changes on the original equipment executed by anyone other unauthorized by SANDE Y DÍAZ, or at expiration of the period specified.
In the case of goods which, under these conditions the seller is liable, SANDE Y DÍAZ may freely choose to replace the defective goods or the part affected by the defect, or refund the price of defective goods or the corresponding price portion affected by the fault.
In case of non-payment by the customer the price of the good or performance of any work or service provided by SANDE Y DÍAZ , the amount due shall accrue from the date of maturity interest at EURIBOR + 7 percentage points, as provided in Article 7 of Spanish Law 3/2004 laying down measures to combat late payment in commercial transactions, without the need of demand for payment or prior notice.
Seller's rights shall not be deemed waived by the granting of deferments or other indulgences, or lack of exercise of shares arising therefrom.
When customer default occur, SANDE Y DÍAZ shall be entitled to choose between demanding the payment of the outstanding amount with interest and appropriate penalties or terminate the contract with a simple notice by certified, return receipt requested, and can, in this case, claim back in perfect working order and without use of the property provided, regardless of compensation could rightfully entitled. SANDE Y DÍAZ shall be entitled to charge the customer all accredited costs, including legal fees, arising from the payment of amounts due or the termination the contract, with legal limits.
SANDE Y DÍAZ
reserves the right to require payment in full in cash , prior to the provision if the buyer initiated, or if other initiated against him, any arrangement with creditors, or if at the time the supply is found ready to the provision, the buyer's financial situation do not offer, in appreciation of the seller, certainty as to the payment terms set. In this case, if payment is not received within 15 calendar days after notification of availability,
SANDE Y DÍAZ
may terminate the contract.
SANDE Y DÍAZ is responsible for the custody of the materials to supply both remain in our facilities or those of our suppliers. Once delivered the material to the customer or the carrier, custody of them is the sole responsibility of the customer, which shall be provided with adequate means of surveillance and security. This applies even in the case where the supplies are to be installed by SANDE Y DÍAZ in agreed location, even if it is not completed.
The seller reserves the right to terminate the contract or seek its resolution in case of default by the buyer of the provisions in it or in these general conditions, with the right in both cases to be compensated for the damages suffered as a result of breach, without prejudice to the applicable penalties provided here in. In case of termination of contract by the buyer once the stockpiles started, it will have to pay the seller the works done until the date of the written notice, liquidated the equipment supplied or in the manufacturing stage, and as sembly works done. If any provision of these Terms is held invalid or is impossible to apply as opposed to standards required by law, the contractual relationship shall continue for the rest of the conditional.
SANDE Y DÍAZ reserves the right to not accept returns of materials provided, except in case of a warranty claim. In this case, only unused, packaging and in perfect condition materials will be accepted , and will be for the account of client transportation to the seller's warehouse. SANDE Y DÍAZ will charge to the buyer, the 15% of the order value in return expenses.
The terms and conditions that govern these General Conditions of Sale as well as the relationships that may arise the refrom, are protected and subject to the provisions of Spanish legislation. For the resolution of any controversy, dispute or disagreement that may arise between the client and SANDE Y DÍAZ will be submitted for resolution there of, to the jurisdiction of the Courts of A Coruña (Spain), waiving the privilege that client, if any, might be appropriate.
If any provision of these General Conditions is declared fully or partially invalid or unenforceable, such invalidity or unenforceability will affect only that provision or part thereof that is invalid or ineffectual. The remaining conditions shall remain valid. Only that provision or part that is affected, will be removed, unless, as being essential to the general conditions, should therefore affect in a holistic manner.