Terms of delivery and payment

Terms of delivery and payment

The present conditions will regulate the operation of the sales service of ELITE Sharpening Machines, SLU (hereinafter: ELITE) and the customer (hereinafter: CLIENT). These conditions are available at http://www.elite.es/legal.

All supplies and services as well as any special contractual arrangements are based on these conditions. Any modification of these conditions must be authorized in writing by an authorized representative of ELITE.

The conditions of the supplier also apply to all successive orders.

1. Offers

1.1. ELITE offers are without obligation. The order is considered as accepted once ELITE has confirmed in writing to the CLIENT. This can also be done by means of a delivery note or invoice. In case of an offer of ELITE with concrete validity and accepted within the deadlines, this is determinant if there is no confirmation of the order established in time. In case of an order for immediate delivery, the oral agreement will also be valid, the delivery note or invoice will be considered as order confirmation. The previous modifications will only be valid if they have been confirmed in writing by ELITE. Opposition to confirmation must be made immediately.

1.2. The documents that are part of the offer, such as figures, plans, weights, measures, etc. Are only determinant in an approximate form as they are not expressly declared as binding. The same applies for data such as power and consumption. ELITE reserves the unlimited property and author rights in budgets, plans and similar of physical or electronic type, should not be made available to third parties. ELITE undertakes to make available to third parties the plans or data declared as confidential by the CLIENT only with its authorization.

2. Prices and payment

2.1. Except for special agreement, the prices are considered from the factory, including factory loading, without packaging, transport and unloading costs and the corresponding taxes. The latest ELITE price list is always applied.

2.2. The maximum term of payment will be 60 days from delivery within Spanish territory.

2.3. The CLIENT can only withhold payments or compensate them with eventual counterclaims if they are not contradicted by ELITE.

2.4. Acceptance of bills of exchange is only done if agreed in advance, it is only considered as payment once these have been met. All expenses are borne by the CUSTOMER. Any extension of payment granted does not affect the obligation to pay interest.

2.5. If, after signing the sales contract, ELITE is aware of a significant deterioration of the CLIENT’s financial situation, ELITE will be authorized to request payment in advance, to retain deliveries and / or cancel the contract, even if financing is in progress.

3. Delivery time, delivery delay

3.1. The delivery period begins with the issuance of the order confirmation by ELITE, but not before the input of the documents and indications to be made available by the buyer in terms of technical details, authorizations or payments on account agreed.

3.2. The deadline is fulfilled if at the time of expiration, the merchandise is ready for shipment.

3.3. In all cases in which it is not possible for ELITE to comply with the deadlines for reasons not attributable to it (eg force majeure, strike, shortage of raw materials, etc.), the delivery period may be extended prior CLIENT.

3.4. In the event that ELITE exceeds the indicated delivery time, ELITE will only be in arrears within 30 days of the indicated period. If a claim can be demanded for damages, this amount is limited and amounts to 0.5% for each week of delay up to a maximum of 5% of the total value of the supply.

3.5. In case of non-acceptance at the time of delivery, ELITE may claim compensation for non-compliance.

3.6. If after an extension of four weeks after the notice of the disposition of the merchandise for the shipment the CLIENT is still in delay with the receipt of the ordered merchandise, ELITE will be able to desist from the contract and demand compensation of damages with a quantity Of 15% of the value of the order. ELITE reserves the right to claim a higher damage. The CLIENT has the right to verify that no damage has occurred or that the indicated total quantity is correct.

4. Transfer of risk, reception and assembly

4.1. The risk goes to the CLIENT at the latest with the delivery of the supplied parts, even if partial deliveries are made or if ELITE is in charge of other services (eg shipping or transport costs and placement). At the request of the buyer, we will ensure the shipping on your account against theft, breakage, transport damages, fire, water, as well as other insurable risks.

4.2. If the expedition is delayed due to circumstances attributable to the CLIENT, the irrigation passes to the CLIENT from the day the merchandise is ready for shipment. ELITE is authorized to invoice the merchandise.

4.3. Partial deliveries are allowed as long as it does not require an exaggerated cost for the CLIENT.

4.4. Assembly, commissioning and demonstration work will be paid separately. The preparation, shift and wait times are invoiced as working time. Before the arrival of the technicians, the necessary structure for the equipment must be prepared and be prepared in its place of installation.

If necessary, our technicians must have free of charge the necessary means of elevation, personnel, auxiliary, etc.

The agreed labor prices do not include holidays.

5. Reservation of property

5.1. The merchandise supplied by ELITE will remain on your property until the full payment of all debts, including any bills of exchange.

5.2. ELITE is authorized to demand the insured goods against theft, breakage or damages by CUSTOMER until the full payment of the debt.

5.3. The CLIENT can not assign or sell the merchandise until the full payment is complete. In case of embargo, confiscation or other dispositions by third parties, the merchandise will be held by ELITE until the end of the payment of the debt contracted by the CLIENT.

5.4. In case of anti-contractual behavior on the part of the CLIENT, particularly in case of late payment, ELITE is authorized to collect the merchandise, and the CUSTOMER is obliged to deliver it.

6. Claims for defects

6.1. All parts that prove to be defective as a result of a circumstance occurring prior to the transfer of the risk must be repaired or replaced, at ELITE’s option. The finding of such defects shall be communicated immediately to ELITE in writing. The replaced parts will become the property of ELITE.

6.2. The CLIENT, after agreement with ELITE, must grant the necessary time to make all the improvements and substitute supplies that seem necessary to ELITE. Otherwise, ELITE is exempt from liability for the consequential consequences.

6.3. The expenses caused by the repair or replacement will be borne by ELITE as soon as the claim proves to be justified.

6.4. The CLIENT has the right to withdraw from the contract, within the framework of the legal regulations, if ELITE (taking into account the legal cases of exception) leaves without result an adequate term to mark for repair or replacement due to a defect in material . If the defect is only irrelevant, the CLIENT only has the right to reduce the contractual price.

6.5. No guarantee is provided in the following cases:

Improper or improper use, improper installation or commissioning by the CLIENT or third parties, normal wear and tear, improper or negligent handling, improper maintenance, improper service products, chemical, electromagnetic or electrical influences. Provided they do not occur because of ELITE.

7. Responsibility

7.1. ELITE is liable for damages arising not from the same object supplied – for whatever legal reasons – only if:

to. In case of intentional fault

B. In case of guilty transgression for life or health

C. In case of defects which he has maliciously concealed

Other claims are excluded.

8. Provision of warranty, prescription, return policy

All claims of the buyer, whatever their legal basis, prescribe within 12 months of delivery of the merchandise. These are also applicable to the defects of a work or of supplied objects that have been used for a work.

In case of request of return of the merchandise, the CLIENT must contact previously with ELITE. Returns of products manufactured or designed expressly will not be accepted.

9. Software use

If software is included in the supply, the CLIENT is granted a non-exclusive right to use the supplied software including its documentation. It is forbidden to use in more than one system.

The CLIENT can only copy the software for backup. Other modification or use is not permitted without the express permission of ELITE.

10. Applicable legislation

The relationship between ELITE and the CLIENT shall be governed, for all purposes, by Spanish legislation.

ELITE Sharpening Machines, SLU. – January 2017. -
Printing version.