General terms and conditions of sale

I. GENERAL CONDITIONS

1. These Conditions of Sale will be applicable and will prevail over other previous ones that the Buyer may have. Any modification of the present General Conditions as well as the use of General Conditions different from the present ones, must be signed by a legal representative of Sistemas Técnicos de Manufacturas, S.L. The acquisition by the buyer of our products and services implies the acceptance of these conditions of sale and supply.

II. ORDERS

1. By placing an order, you acknowledge and accept our general terms and conditions of sale.
2. The cancellation by the client of any order will only be admissible in writing, indicating the reasons for the cancellation and must be accepted by Sistemas Técnicos de Manufacturas, S.L.
3. All orders become legally valid through the acceptance of the delivery.
4. Sistemas Técnicos de Manufacturas, S.L. will manufacture according to specifications

III. PRICES

1. The prices in force on the date of delivery (excluding VAT) shall apply. Any change in prices shall not affect orders pending delivery and which have been placed prior to the change.
   

IV. DELIVERIES AND CARRIAGE

1. Delivery times are estimates, and penalties for delays in supply will not be accepted if they have not been previously agreed in the order. Even so, under no circumstances shall the Company be liable for delays in the dispatch of products when this is due to causes beyond its control or force majeure. If it is delayed for reasons attributable to the Buyer, the Company may hold the goods in storage at the Buyer’s risk and expense, with delivery and acceptance being understood to have taken place and consequently, payment shall be considered due.
2. The Company reserves the right to contract the services and mode of transport it deems appropriate.
   
   

V. GUARANTEES, RETURNS

1. The Company guarantees the quality and proper functioning of its products against any manufacturing defect, provided that it has not been caused by improper installation, negligence in use, force majeure, such as fire, flood, storm, overvoltage or unforeseeable events or any other phenomenon not directly attributable to the product. In no event shall the Company accept charges for repairs to its products made by the Buyer without the express written consent of the Buyer.
2. The guarantee and/or return of products that show signs of internal manipulation, improper use, inadequate maintenance, that have been installed by unqualified personnel, materials that show signs of deformation, marks, burnt or loose components, deterioration, breakage, etc., as well as articles that are missing any component or accessory, shall be void.
3. Only the Buyer who receives our invoice and honours it is entitled to make a warranty claim for a defective product, claims made by a third party are not admissible.
4. In the event that defects are found in the delivered products, the Buyer must make a written complaint within seven days of the invoice date, giving a detailed description of the defect in question. Otherwise the delivery shall be deemed to have been accepted.
5. In the event of defects or hidden defects, the guarantee period is that established in accordance with the law on guarantees for the sale of consumer goods, counted from the date of the delivery note.
6. The products may only be returned with the prior approval of the Company, being, at home, the returns subject to the following conditions:

            a. It is essential to present the original of the sales receipt (copy given to the customer).

            b. Any damage to the article, derived from poor packaging, during transport will be the responsibility of the customer.

7. No returns will be accepted after thirty days from the date of receipt. Returns of special materials (differentiated from normal materials by the asterisks printed on the sales delivery note, followed by the amount of the material on the corresponding line) will not be accepted; in the event of being accepted, the credit will be subject to a minimum depreciation of 25% of the value of the product.

VI. TRANSPORT DAMAGE
In order to be able to claim damages due to mishandling of the packages by the carrier, it is essential that the following conditions that SISTEMAS TÉCNICOS DE MANUFACTURAS, S.L. has established are met:Anotar en el conforme de entrega, antes de firmar la recepción, cualquier anomalía visible en el embalaje.

1. In the event of not being able to inspect all the packages received, indicate “goods not inspected” on the carrier’s delivery note.
2. Once the goods have been received, you must inform us immediately of any anomaly that you have observed within 48 hours of delivery of the goods.

VII. PAYMENT TERMS

1. SISTEMAS TÉCNICOS DE MANUFACTURAS, S.L. will establish a payment method and a credit limit for each Buyer, reserving the right at any time to modify them when, in the opinion of the Company, the financial situation of the Buyer or previous payment history so advises.
2. In the case of Buyers whose credit has been exceeded or is not open, payment shall be required in cash or even in advance when requesting delivery of the material.
3. In the event of non-payment of an invoice by the purchaser, we shall be entitled to immediately suspend any outstanding deliveries and block the open receivables and to take legal action against the purchaser.
4. Any bank charges incurred as a result of non-payment shall be borne by the purchaser (ACCORDING TO LAW 3/2004 OF 29 DECEMBER).
5. Any delay in payment shall automatically give rise to accrual of interest (ACCORDING TO LAW 3/2004 OF 29th DECEMBER).
6. Claims made by the Buyer do not extend the payment period.

VIII. RESERVATION OF TITLE
The materials supplied shall remain the property of the Company until they have been paid for by the Purchaser, without the draft or acceptance of bills of exchange or promissory notes presupposing actual payment until these documents have actually been honoured at the bank.

In the event of suspension of payments, insolvency or bankruptcy proceedings, the Buyer is obliged to record this reservation of title on those materials that have not been paid for and therefore do not belong to him.

In the event of seizure by third party creditors, the Purchaser is obliged to record this reservation of title in the proceedings to be carried out and to inform the Company of this situation.

IX. JURISDICTION
In the event of litigation in which both parties may be involved and which cannot be resolved amicably, the Purchaser will submit to the courts of Molina de Segura, renouncing any other jurisdiction that may correspond to him.

CLAUSE – CONCRETE SUBMISSION AGREEMENT
Through this clause, the parties, expressly waiving the jurisdiction that may correspond to them, agree to submit to the Courts of the Judicial District of Murcia, Spain, and to Spanish law, for any dispute that may arise due to the this contract, including its validity, interpretation and fulfillment.

This company is an ASNEF Empresas customer. In the event of non-payment of this invoice, this company reserves the right to include you in the ASNEF Empresas default file. We inform you that in the event that you do not meet your payment obligations, your personal data may be communicated to the ASNEF Empresas credit and financial solvency file.