Conditions of supply and payment
These conditions shall govern the operation of the sales service between ELITE Sharpening Machines SLU (hereinafter: ELITE) and the customer (hereinafter: CUSTOMER). These conditions are available at www.elite.es/en/saleterms.
All deliveries and services as well as any special contractual agreements are based on these conditions. Any changes to these conditions must be authorised in writing by an authorized representative of ELITE.
ELITE's terms and conditions shall also apply to all subsequent orders.
1.1. ELITE offers are without obligation. The order is considered accepted once ELITE has confirmed the CUSTOMER in writing. This can also take place by means of a delivery note or an invoice. In the event of an ELITE offer with concrete validity and accepted within the deadlines, this is decisive if there is no confirmation of the order established in time. In the event of an order for immediate delivery, the oral agreement, the delivery note or the invoice will also be considered as order confirmation. Previous modifications will only be valid if they have been confirmed in writing by ELITE. The opposition to the confirmation must be done immediately.
1.2. Documents which form part of the offer, such as drawings, plans, weights, dimensions, etc. are only approximately decisive insofar as they are not expressly declared to be binding. The same applies to data such as power and consumption. ELITE reserves the right of ownership and copyright without restriction on quotations, drawings and the like in physical or electronic form, which must not be made available to third parties. ELITE is obliged to make available to third parties the drawing or data declared as confidential by the CUSTOMER only with the CUSTOMER's permission.
2. Prices and payment
2.1. Unless otherwise agreed, prices are considered ex works, including loading at the factory, excluding packaging, transport and unloading costs, plus applicable taxes. The latest ELITE price list always applies.
2.2. The maximum term of payment will be 60 days from delivery within the Spanish territory.
2.3. The CUSTOMER may only withhold payments or offset them against any counterclaims if these are not contradicted by ELITE.
2.4. Bills of exchange are only accepted if agreed in advance, they are only considered as payment once they have been honored. All costs shall be borne by the CUSTOMER. Any payment extensions granted do not affect the obligation to pay interest.
2.5. If after signing the sales contract, ELITE becomes aware of a significant deterioration in the CUSTOMER's financial situation, ELITE shall be entitled to request advance payment, withhold deliveries and / or cancel the contract, even if financing is in progress.
3. Delivery time, late delivery
3.1. The delivery period begins with the dispatch of the order confirmation by ELITE, but not before the provision of the documents and information to be made available by the purchaser regarding technical details, approvals or agreed payments on account.
3.2. The time limit is met if the goods are ready for dispatch at the time of expiry.
3.3. In all cases in which it is not possible for ELITE to meet the deadlines for reasons not attributable to it (e.g. force majeure, strike, shortage of raw materials, etc.), the delivery period may be extended after prior notification to the CUSTOMER without incurring a penalty.
3.4. If ELITE exceeds the specified delivery period, ELITE shall only be in default after 30 days of the specified delivery period. If a claim for damages can be asserted, 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 delivery.
3.5. In the event of non-acceptance at the time of delivery, ELITE may demand compensation for non-performance.
3.6. If the CUSTOMER is still in delay with the receipt of the ordered goods after an extension of four weeks after the notification of readiness for dispatch, ELITE may withdraw from the contract and claim damages in the amount of 15% of the order value. ELITE reserves the right to claim higher damages. The CUSTOMER has the right to verify that no damage has occurred or that the overall amount stated is correct.
3.7. If ELITE anticipates that the order cannot be supplied within a reasonable time from the delivery date provided, or the product cannot meet the characteristics offered in the order, ELITE may cancel the order, refunding the total amount paid or anticipated for the client without the possibility for the client to claim compensation or interest on the payment or the good.
4. Transfer of risk, reception and assembly
4.1. The risk shall pass to the CUSTOMER at the latest upon dispatch of the delivered parts, even if partial deliveries are made or if ELITE is also responsible for other services (e.g. shipping cost or transport and installation). At the purchaser's request, we shall insure the shipment at the CUSTOMER from the day on which the goods are ready for dispatch. ELITE is authorized to invoice the goods.
4.2. If dispatch is delayed due to circumstances attributable to the CUSTOMER, the risk passes to the CUSTOMER from the day on which the goods are ready for dispatch. ELITE is authorized to invoice the goods.
4.3. Partial deliveries are permitted as long as they do not require an exaggerated cost for the CUSTOMER.
4.4. Installation, commissioning and demonstration work shall be charged separately. Preparation, travel and waiting times are invoiced as working time. Prior to the arrival of the technicians, the necessary structure for the equipment must be prepared and ready at the place of installation.
If necessary, our technicians must be provided with the necessary lifting equipment, personnel, auxiliary equipment, etc., free of charge. The agreed working prices do not include public holidays.
5. Reservation of ownership
5.1. The goods supplied by ELITE shall remain property ELITE's property until full payment of all debts, including any bills of exchange.
5.2. ELITE is authorized to demand the goods insured against theft, breakage or damage at the expense of the CUSTOMER until full payment of the debt.
5.3. The CUSTOMER may not assign or sell the goods until the full payment has been made. In the event of seizure, confiscation or other dispositions by third parties, the goods shall remain the property of ELITE until the payment of the debt incurred by the CUSTOMER has been completed.
5.4. In the event of non-contractual behavior on the part of the CUSTOMER, particularly in the event of late payment, ELITE is authorized to collect the goods, the CUSTOMER being obliged to deliver them.
6. Claims for defects
6.1. Any parts which prove to be defective as a result of a circumstance occurring prior to the passing of risk shall be repaired or replaced at ELITE's discretion. ELITE must be notified immediately in writing of any such defects. The replaced parts shall become the property of ELITE.
6.2. The CUSTOMER, after agreement with ELITE, shall allow ELITE the necessary time to carry out all the improvements and restitutive supplies that appear necessary to ELITE. Otherwise, ELITE shall not be liable for the consequences thereof.
6.3. The cost of repair or replacement shall be carry out by ELITE as soon as the claim proves to be justified.
6.4. The CUSTOMER is entitled to withdraw from the contract, within the framework of the legal regulations, if ELITE (taking into account the legal cases of exception) allows an appropiate period of time for repair or replacement to elapse without results due to the material defect. If the defect is only irrelevant, the CUSTOMER is only entitled to a reduction of the contractual price.
6.5. No warranty is provided in the following cases:
Improper or inappropriate use, incorrect assembly or commissioning by the CUSTOMER or third parties, normal wear and tear, incorrect or negligent handling, improper maintenance, unsuitable service products, chemical, electro-magnetic or electrical influences. provided that they are not the fault of ELITE.
7.1. ELITE shall only be liable for damage not caused by the delivered item itself - irrespective of the legal grounds - if and only if:
- in case of intentional fault
- in the event of culpable violation of life or health
- in the case of defect which he has maliciously concealed
Other claims are excluded.
8. Warranty, prescription
All claims by the purchaser, irrespective of their legal basis, become time-barred 12 moths after delivery of the goods. This also applies to defects of an intervention or of delivered objects that have been used for a construction site.
9. Return policy, right of withdrawal
The CUSTOMER has the right to return the products purchased if, having acquired a product in stock, the return is notified within 14 days of receipt of the merchandise by the CUSTOMER. In this case the return, shipping and handling costs will be deducted from the total value of the product.
Exceptions to the right of withdrawal: In the case of products made to order or expressly designed for the customer, the return will not be allowed.
10. Use of software
If software is included in the delivery, the CUSTOMER is granted a non-exclusive right to use the supplied software including its documentation. Its use on more than one system is prohibited.
The CUSTOMER may only copy the software for backup purposes. Any other type of modification or use is not permitted without the express permission of ELITE.
11. Applicable law
The relationship between ELITE and the CLIENT shall be governed, for all purposes, by Spanish law.