- 1. Offers
- 2. Prices and payment
- 3. Delivery time, delivery delay
- 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. -