Page 560 - PUJADAS · Sanhotel

GENERAL SELLING CONDITIONS
ENGLISH

osmarc.es No order may be cancelled or altered by buyer except upon terms Seller’s liability with respect to the goods or services sold hereunder
9. CONSEQUENTIALDAMAGESAND OTHERLIABILITY;INDEMNITY
7. CANCELLATIONS AND RETURNS.
shall be limited to the warranty and indemnity provided in sections
and conditions acceptable to Seller, as evidenced by Seller’s written
7 and 9 of these terms and conditions of sale and, with respect
consent.
to any other breaches of its contract with buyer, shall be limited
Return Authorizations must be requested for all returns. Product
returned without prior authorization from Seller’s Santa Coloma de
to the contract price. SELLERSHALL NOT BE SUBJECTTO ANY
Farners office WILL BE REFUSED.PUJADAS if free to authorize the
OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT
return and can decide refuse the return by its free criterion.
NEGLIGENCEAND STRICTLIABILITY) OR UNDER OTHERTHEORIES
a. Requests for returns of merchandise (other than defective OF BREACH OF CON- TRACT, WARRANTY, TORT (INCLUDING
OF LAW OR EQUITY, WITH RESPECTTO GOODS OR SERVICES
merchandise) must be made within 90 DAYS of the PUJADAS SOLD BY SELLER,OR ANY UNDERTAKINGS, ACTSOR OMISSIONS
INVOICE DATE. PURCHASE ORDER NUMBER or PUJADAS RELATING
INVOICE NUMBER MUST BE PROVIDED when requesting the THERETO. Without limiting the generality of the foregoing, Seller
authorization. NO RETURN AUTHORIZATION will be issued specifically disclaims any liability for property damages, penalties,
unless Purchase Order Number or PUJADASInvoice Number special or punitive damages, damages for lost profits or revenues,
is provided. down-time, lost good will, cost of capital, cost of substitute goods or
b. Arestocking charge applies as follows: services, or for any other types of loss of economic advantage, or for
1. Merchandise less than 50 € value – 10 € restocking charge. claims of buyer’s customers or any third party for any such damages,
2. Merchandise more than 50 € value - 20% restockingcharge. costs or losses.
c. The returns or shipments of materials to the facilities of PUJADAS SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL
whether for payment, replacement or repair should always be CONSEQUENTIAL, INCIDENTAL, INDIRECT AND CONTINGENT
made by prepaid freight. DAM- AGESWHATSOEVER.
d. Return Authorization Number must be marked on all returned Buyer shall indemnify and hold harmless Seller from and against any
cartons. and all losses, liabilities, damages and expenses (including but not
e. Returns accepted only on current merchandise found in limited to attorneys’ fees and other costs of defense) that Seller may
originalcarton and innew and saleablecondition.Merchandise incur as a result of any claim by buyer or by buyer’s customers or
returned that is used, obsolete or shelf-worn will be disposed by any third party arising out of or in connection with the goods or
of and credit WILLNOT be issued. services sold hereunder, , unless such losses, liabilities, damages or
1. The return of SHELVING shall only be performed in complete expenses are ultimately determined to be attributable solely to the
packaging, on pallets if it is more than one packaging and with willful misconduct of Seller.
plastic film protection over the same.
2. The return of TROLLEYS shall be made on pallets and with 10. PRICES
complete protective packaging. The selling prices are those specified in our rates, in reference to the
f. The following items may not be returned: (1) Custom Smallware, (2) merchandise in our warehouse of Santa Coloma de Farners with non-
Personalized flaps or clips, (3) Custom Equipment returnable cardboard packaging.
Neither shall the return of materials be admitted in which PUJADAS
has performed some specific adaptation to comply with the order. 11. PHOTOS, DATA AND MEASUREMENTS
The photos, data and measurements in the Seller’s catalogue
8. PATENTS, TRADEMARKSAND COPYRIGHTS are subject to change, without prior notice, due to technical or
Seller will, at its own expense, defend any suits that may be instituted production requirements.
by anyone against buyer for alleged infringement of any European
Union patent, trademark or copyright relating to goods or services 12. PERSONALDATA PROTECTION
provided by Seller, and pay any final damage award therein, provided In accordance with the provisions of current legislation on the
buyer shall have made all payments then due hereunder, shall give Protection of Personal Data, VOLLRATH PUJADAS, S.A.U informs
Seller immediate notice in writing of any such suit, shall transmit to the buyer that the personal data collected during the commercial
Seller immediately upon receipt all processes and papers served relationship will be processed and incorporated into the seller’s files,
upon buyer, and shall permit Seller, through its counsel, to defend with the aim of being able to provide the services requested, as well
or settle the same either in the name of buyer or in the name of as to keep the buyer informed of new products and services. The
Seller, giving Seller all needed information, assistance and authority data provided will be kept as long as the commercial relationship is
to enable Seller to do so. Further, if the result of any such suit is a maintained and, once it has ended, to meet those requests required
determination or acknowledgement of infringement, Seller shall, at under tax legislation. The buyer may, at any time, exercise the rights
Seller’s option (a) obtain for buyer the right to continue to use the of access, rectification or erasure, restriction of processing, data
goods or products of the services purchased from Seller, or (b) portability and opposition by means of a written request to info@
replace the same with non-infringing goods or services, or pujadas.es, accompanied by a photocopy of your DNI/NIF (National
(c) modify such goods or services so that they are non-infringing, or Identity Document/Tax Identification Number). You can also contact
(d) remove such goods or products of services and refund to buyer the competent Control Authority to submit any complaint that you
the undepreciated portion of the purchase price, determined on the consider appropriate.
basis of a five-year useful life.
To the extent that any goods or services that Seller furnishes to All rights reserved to make changes, without prior notice to
buyer are manufactured in accordance with drawings, designs or articles that appear in this catalogue, particularly in relation to
specifications proposed or furnished by buyer, Seller shall not be coloursand/or prices.
liable, and buyer shall indemnify and hold harmless Seller from and
against any and all losses, liabilities, damages, claims and expenses Photographs do not form part of the contract.
(including but not limited to Seller’s reasonable attorneys’ fees and
other costs of defense) incurred by Seller as a result of any claim
of patent, trademark, copyright or trade secret infringement, or
infringement or any other proprietary rights of third parties.

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