Conditions of supply and payment
These conditions will regulate the operation of the sale service of ELITE Sharpening Machines SLU (hereinafter: ELITE) and the client (hereinafter: CLIENT). These conditions are available at www.elite.es/en/terms.
All supplies and services as well as any special contractual agreements are based on these conditions. Any modification of these conditions must be authorized in writing by an authorized representative of ELITE.
The supplier's conditions also apply to all successive orders.
1.1. ELITE offers are without obligation. The order is considered accepted once ELITE has confirmed the CLIENT 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. The documents that are part of the offer, such as figures, plans, weights, measures, etc. They are only approximate determiners insofar as they are not expressly declared as binding. The same applies for data such as power and consumption. ELITE reserves unlimited property and copyright rights in estimates, plans and the like of a physical or electronic type, they should not be made available to third parties. ELITE undertakes to make the plans or data declared confidential by the CLIENT available to third parties only with their authorization.
2. Prices and payment
2.1. Unless special agreement, prices are considered ex factory, including factory loading, without packaging or transport and unloading costs and plus the corresponding taxes. The latest ELITE price list always applies.
2.2. The maximum payment period will be 60 days from delivery within Spanish territory.
2.3. The CLIENT can only withhold payments or compensate them with eventual counterclaims if these are not contradicted by ELITE.
2.4. The acceptance of bills of exchange is made only if it is agreed in advance, it is only considered as payment once they have been attended. All expenses are borne by the CLIENT. Possible payment extensions granted do not affect the obligation to pay interest.
2.5. If after signing the sales contract, ELITE becomes aware of a considerable worsening of the CLIENT's financial situation, ELITE will be authorized to request advance payment, withhold deliveries and / or cancel the contract, even if financing is in progress.
3. Delivery time, delay in delivery
3.1. The delivery period begins with the issuance of the order confirmation by ELITE, but not before the provision of the documents and indications to be made available by the buyer regarding technical details, authorizations or agreed payments on account.
3.2. The term is fulfilled if at the time of its expiration, the merchandise is ready for dispatch.
3.3. In all cases in which it is not possible for ELITE to comply with the deadline for reasons not attributable to it (eg force majeure, strike, shortage of raw materials, etc.), the delivery period may be extended prior communication to the CLIENT.
3.4. In the event that ELITE exceeds the indicated delivery period, ELITE will only become delinquent after 30 days of the indicated period. If a claim for damages can be enforced, this amount is limited and rises to 0.5% for each week of delay up to a maximum of 5% of the total value of the supply.
3.5. In the event of non-acceptance at the time of delivery, ELITE may demand compensation for non-compliance.
3.6. If after an extension of four weeks after the notice of the disposition of the merchandise for shipment, the CUSTOMER is still in delay with the receipt of the ordered merchandise, ELITE may withdraw from the contract and demand compensation for damages with an amount 30% of the order value. ELITE reserves the right to claim greater damage. The CLIENT has the right to verify that no damage has been caused or that the global amount indicated 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 passes to the CUSTOMER at the latest with the dispatch of the supplied parts, even if partial deliveries are made or if ELITE also takes care of other services (eg shipping or transport and installation costs). At the request of the buyer, we will insure the shipment at its own expense against theft, breakage, transport damage, fire, water, as well as other insurable risks.
4.2. If the expedition is delayed due to circumstances attributable to the CLIENT, the risk passes to the CLIENT from the day the merchandise is ready for dispatch. ELITE is authorized to invoice the merchandise.
4.3. Partial deliveries are allowed as long as it does not demand an exaggerated cost for the CLIENT.
4.4. Assembly, commissioning and demonstration work will be paid for separately. Preparation, travel and waiting times are billed as working time. Before the arrival of the technicians, the necessary structure for the equipment must be prepared at its installation site.
If necessary, our technicians must have the necessary means of lifting, personnel, auxiliary, etc., free of charge. The agreed labor prices do not include holidays.
5. Reservation of ownership
5.1. The merchandise supplied by ELITE will remain property of ELITE until the full payment of all debts, including eventual bills of exchange.
5.2. ELITE is authorized to demand the merchandise insured against theft, breakage or damage by the CLIENT until the full payment of the debt.
5.3. The CLIENT cannot assign or sell the merchandise until the full payment has been completed. In case of seizure, confiscation or other provisions by third parties, the merchandise will remain the property of ELITE until the end of the payment of the debt contracted by the CLIENT.
5.4. In the event of anti-contractual behavior on the part of the CLIENT, particularly in case of late payment, ELITE is authorized to collect the merchandise, the CLIENT being obliged to deliver it.
6. Claims for defects
6.1. All parts that are revealed as defective as a result of a circumstance that occurred prior to the transfer of risk must be repaired or replaced, at the decision of ELITE. The finding of such defects must 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 carry out all the improvements and substitute supplies that seem necessary to ELITE. Otherwise, ELITE is exonerated of responsibility for the consequences derived from it.
6.3. The expenses caused by the repair or replacement will be paid by ELITE as soon as the claim is justified.
6.4. The CUSTOMER has the right to withdraw from the contract, within the framework of legal regulations, if ELITE (taking into account legal cases of exception) misses an adequate period of time for repair or replacement due to a defect in the material. . If the defect is only irrelevant, the CLIENT is only entitled to a reduction in 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, electromagnetic or electrical influences. As long as they are not produced by ELITE's fault.
7.1. ELITE is liable for damages originating not from the supplied object itself - whatever the legal reasons - only if:
- in case of intentional fault
- in case of wrongful transgression for life or health
- in case of defects maliciously concealed
Other claims are excluded.
8. Provision of guarantee, prescription
All claims by the buyer, whatever their legal grounds, expire 12 months after delivery of the goods. These also apply to defects in a work or supplied objects that have been used for a work.
9. Return policy, right of withdrawal
The CLIENT 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 CLIENT. 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 supply, the CLIENT is granted a non-exclusive right to use the supplied software including its documentation. Its use in more than one system is prohibited.
The CUSTOMER may only copy the software for its backup. Any other type of modification or use is not allowed without the express permission of ELITE.
11. Applicable law
The relationship between ELITE and the CLIENT will be governed, for all purposes, by Spanish law.