General Conditions for Supplies and Sales.
DEXIBÉRICA SOLUCIONES INDUSTRIALES, S.A.U.
These General Conditions for Supply and Sales are attached to the offer made by DEXIBÉRICA SOLUCIONES INDUSTRIALES, S.A. (hereinafter, DEXIBÉRICA). The Client, by placing the order, accepts the present General Conditions for Supply and Sales. The Client’s refusal to accept the present General Conditions for Supply and Sales must be made in written form, irrefutably and, in any case, prior to placing the order.
The Client and DEXIBÉRICA may modify these General Conditions for Supply and Sales in writing and through mutual agreement. Notwithstanding, DEXIBÉRICA may unilaterally modify the offer, as well as the corresponding technical information by way of mere notification to the Client prior to receiving the order. In this case the Client may, with reason, cancel the order at no cost whatsoever for the same.
2. Prices, Delivery and Orders
Save express agreement to the contrary, the prices included in the offer that is attached to the present General Conditions for Sales are prices corresponding to DEXIBÉRICA’s warehouses in Spain. The offered prices do not include taxes or applicable fees, which will be borne by the Client.
The risks pertaining to theft, loss, deterioration, etc. during transport pass over to the Client once the Product has been delivered to the Client, or to the agent or carrier that is designated, save agreement to the contrary in relationship with the delivery conditions. In the supposition that transport is made to the account of DEXIBÉRICA, the same will duly comply with said obligation, with delivery of the merchandise to the carrier, without incurring in any liability as of that moment, without detriment of the carrier’s responsibility before the client for any delay, loss or deterioration of the transported merchandise.
Partial delivery of the articles requested in the order is allowed, unless the contrary was to be agreed-upon. There are no minimum order amounts, save express agreement, duly adapting to the packing multiples of DEXIBÉRICA.
3. Delivery Periods
Unless otherwise indicated, the delivery period will be that stipulated in DEXIBÉRICA’s offer. The delivery period for non-standard products and/or products that are made-to-measure to the needs of the Client by certain suppliers of DEXIBÉRICA, will appear on the offer made by the same and that is attached to the present General Conditions for Sales. DEXIBÉRICA is not responsible for delays or failures in the delivery due to causes that are external to its organization, in particular, those attributable to the corresponding supplier.
4. Terms of Payment; Client Solvency
Unless otherwise agreed-upon in writing, the terms of payment are those stated in DEXIBÉRICA’s offer.
The Client will guarantee his/her solvency to DEXIBÉRICA, that is to say, that he/ she is capable to cover the payments of the requested merchandise. DEXIBÉRICA may, at any time, put an end to its obligations by way of written notification if the Client does not comply with the payments within the agreed-upon period. Termination of DEXIBÉRICA’s obligations does not affect the Client’s obligations with regard to the payment of the merchandise that has been delivered or that is pending delivery.
Should the Client fail to pay, the same will be liable for all the damages caused and will assume all the expenses generated by the same, including costs and expenses pertaining to attorneys, solicitors, etc. relative to possible claims and lawsuits. Furthermore, in case of delay in payment on the part of the Client, the same must pay a delay interest consisting in the legal interest of the money increased in the percentage outlined in DEXIBÉRICA’s offer.
5. Delivery, Inspection and Non-Compliance
The Client must inspect the merchandise that is received at the time of its delivery and, in any case, prior to its delivery to the final user client. Should the Client, at the time of delivery, find any physical damage to the merchandise or if the same does not comply with the order, he/she must notify it in detail and in writing to DEXIBÉRICA within a maximum period of 7 days as of reception of the merchandise. In this case, DEXIBÉRICA may proceed, upon its choice, to repair the merchandise, replace it or return the payment made for the same.
DEXIBÉRICA guarantees all products distributed by the same during the period of time that is outlined in the offer and, lacking express mention, during one year to be counted as of the date of its delivery. The warranty exclusively applies to free repair or replacement of the products or its components that due to a defect in the material or a manufacturing defect were to be unserviceable. In order to file a claim, the products or its components must be sent to DEXIBÉRICA’s warehouses or to any other place that is designated, so that the product can be examined to determine if the defect or failure is covered by the warranty or, if that is the case, whether it is to be repaired or replaced.
Only those returns previously authorised by DEXIBÉRICA will be accepted. The merchandise that is object of return must be in a perfect state of conservation and in its original packaging.
Returns of products that have been specially manufactured are not admissible.
In order to process a return, the merchandise must be sent to us under carriage paid/charges prepaid modality, indicating the delivery note number and date of supply.
Under no circumstance whatsoever is DEXIBÉRICA liable before the Client or before third parties for any damages caused by the products sold to the Client, with the exception of those foreseen in Law 22/1994, dated July 6, on Civil Liability for damages caused by defective products.
9. Jurisdiction and Applicable Law
The present General Conditions for Sales will be exclusively governed by Spanish Law. The Courts and Tribunals of Zaragoza will be competent for the resolution of any lawsuit or controversy that may arise regarding the same.