Page 559 - PUJADAS · Sanhotel

GENERAL SELLING CONDITIONS
ENGLISH

osmarc.es All sales by PUJADAS – A Vollrath Company (“Seller”) are subject to Under no circumstances shall claims concerning the condition of the
4. CLAIMS, DELAYSAND FORCEMAJEURE
1. GOVERNING PROVISIONS
merchandise or regarding shipping mistakes be accepted once 15
these terms and conditions, and are expressly conditioned upon
workdays have elapsed since the reception thereof.
assent to these terms and conditions. No additional or different
terms or conditions will be binding upon Seller unless specifically
agreed to in writing. Seller hereby objects to any such additional or
Claims for shortages or other errors in delivery must be made in
different terms, and notifies buyer that Seller is unwilling to sell on any
writing to Seller within 15 working days after receipt of shipment; and
terms other than these terms and conditions. Eachcontract of sale,
a waiver of all such claims by buyer. Claimsfor lossof or damage to
including these terms and conditions shall constitute the entire
agreement between Seller and buyer, and shall be governed failure to give such notice shall constitute unqualified acceptance and
goodsin transit must be made to the carrier, and not to Seller.
by, construed and interpreted according to the laws of Spain, OUR RESPONSIBILITY FORSHIPMENT CEASESWITH ACCEPTANCE
without reference to Principles of Conflicts of Laws. The rights BY CARRIERS.
and obligations of the Parties hereunder shall not be governed All delivery dates are approximate. Delay in delivery of any shipment
by the 1980 U.N. Convention on Contractsfor the International shallnotrelievebuyerofitsobligationstoacceptremainingshipments.
Sale of Goods;and both parties hereby expressly submit to the Further, Seller shall not be liablefor any losses or damages as a result
jurisdiction of the Courts of Barcelona (Spain),in respect of any of any delay or failure to deliver due to any cause beyond Seller’s
proceedings arising out of or in connection with the present reasonable control, including but not limited to any act of God, act
General Selling Conditions. There are no conditions affecting the of buyer, arrest or other governmental act, regulation or request,
parties’ agreement which are not expressed in these terms and fire, accident, strike, slowdown, war, act of terrorism, riot, delay in
conditions. transportation, or inability to obtain necessary labor, materials or
manufacturing facilities. In the event of any such delay, the date of
2. TAXES AND OTHER CHARGES delivery shall be extended for a period equal to the time lost because
Any manufacturer’s tax, occupation tax, use tax, sales tax, excise of the delay. Buyer’s exclusive remedy for other delays and for Seller’s
tax, value added tax, duty, custom, inspection or testing fee, or any inability to deliver for any reason shall be rescission of its agreement
other tax, fee, interest or charge of any nature whatsoever imposed to purchase.
by any governmental authority on or measured by the transaction
between Seller and buyer shall be paid by buyer in addition to the 5. CHANGES
prices quoted or invoiced. In the event Seller is required to pay any Seller may at any time make such changes in design and
such taxes or other charges, buyer shall reimburse Seller therefore construction of products, components or parts as Seller deems
on demand. appropriate, without notice to buyer. Seller may furnish suitable
substitutes for materials unobtainable because of priorities or
3. DELIVERYAND FREIGHT regulations establishedby govern-mental authorityor non-availability
All items are delivered FCA point of origin (Incoterms 2010). of materials from suppliers.
Except as provided below, orders made from the area of the
Peninsula and the Balearic Islandswith a value over 500 € (1,400 6. WARRANTIES
€ in Canary Islands) or more shipping to one location will be Seller warrants any smallwares provided hereunder to be free
shipped PREPAIDbySeller. Orders with a value below 500 € will from nonconformity to any attached specifications, and free
be assesseda 20 € freight charge. (55 € in Canary Islands). For of defects in materials and workmanship, appearing within 60
ultimate destinations outside of Spain, all items are FCASeller’s days. Seller also warrants any equipment provided hereunder
loading dock (as the latter shippingterm is defined in Incoterms to be free from nonconformity to any attached specifications,
2010). Delivery of products to the carrier shall constitute delivery to and free of defects in materials and workmanship, appearing
buyer; and regardless of shipping terms or freight payment, buyer within 18 months from date of shipment or 12 months from
shall bear all risk of loss or damage in transit. Seller reserves the right date of purchase by the end user, whichever ends earlier. If
to make delivery in multiple shipments, unless otherwise expressly within such periods any such applicable goods shall be proved
stipulated herein; all such shipments to be separately invoiced to Seller’s satisfaction to be defective, the affected part will be
and paid for when due per invoice, without regard to subsequent repaired or replaced free of charge, FCA buyer’s original destination,
deliveries. or Seller will refund the purchase price of the affected part. Such
Seller reserves ownership rights over all the materials supplied until repair, replacement or refund (whichever Seller determines, in its
full payment of the same. discretion, to provide) shall be Seller’s sole obligation and buyer’s
exclusive remedy for any deficiency in goods furnished hereunder,
a. Minimum Order Amount and Drop ShipOrders and shall be conditioned upon buyer’s return of such goods to Seller,
A 6 € minimum order charge will apply to orders less than One ., DDP Seller’s loading dock (as the latter shipping term is defined in
Hundred Euro (100 €) NET. Seller reserves the right to refuse Incoterms 2010). Any parts repaired or replaced under this warranty
requests to drop ship orders for the same products to one or are warranted only for the balance of the warranty period on the part
multiple locations. that was repaired or replaced. Seller gives no warranty on any goods
b. Quantity damaged by accident, carelessness, improper installation, lack of
The materialswill besupplied incomplete packagingcontaining the proper setup or supervision (when required) or installed or operated
quantity indicated in our rates. in any manner contrary to the installation and operating instructions.
c. Custom Smallwares Seller gives no warranty on any repair services performed by
Custom Smallwares orders are completed with over/under unauthorized personnel or unauthorized service agencies.
shipments, not to exceed plus or minus 10% of the original order THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL
quantity. OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED; AND SELLER EXPRESSLY DISCLAIMS AND EXCLUDES
ANY IMPLIED WARRANTYOF MERCHANTABILITY ORFITNESSFOR
ANY PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING
FROM COURSEOF DEALING OR USAGEOF TRADE.

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