GENERAL CONDITIONS OF SALE (19.09.2011)
These conditions form an integral part of all quotations and contracts for the supply of goods and services, including those for current and future business relations. Agreements to the contrary, in particular conflicting terms and subsidiary agreements, require our express confirmation in writing.
Contracts do not come into effect until we have given written acceptance of orders received, or have supplied the goods ordered by the customer.
All data (e. g. analysis data) made available to customers contain only approximations except stated otherwise in the relevant contract specifications. We reserve the right to modify such documents, data and the goods themselves, in so far no fundamental alterations are made and the alterations are reasonable. In the case of goods conforming to a standard specification, the admissible tolerances apply.
We retain tittle and copyright in all documentation made available to customers and may not be used elsewhere in any way without our permission.
Agreed trading clauses apply in the latest version of incoterms at anytime.
If nothing agreed to the contrary all prices are stated in Euro, exw or delivered, depending on particular customer agreement; taxes and custom expenses which could apply in certain countries are always excluded.
In case there should be increases in costs during the period between signature and performance of the contract, we are entitled to demand a corresponding adjustment in our reasonable discretion.
All amounts due are to be paid without deduction at the time agreed in the contract. We reserve the right to charge the corresponding interests in case of unaccepted delays.
In case of insolvency or deterioration of the customer financial situation our company is allowed to cancel any outstanding orders or ask payment before delivery and further guarantees.
Deadlines and fixed dates are binding only in so far as they are stated in writing.
Force major and extraordinary circumstances such as industrial disputes, disruption to transport, lack of raw materials, fire, etc, release us from our supply/performance obligations and from payment of any sort of indemnity.
Partial deliveries are admissible.
According to trade practices and depending on the production batch delivered quantities may vary by plus or minus 10% from the quantity indicated in the order confirmation. The price will be determined by the delivered quantity.
5.DISPATCH AND TRANSPORTATION
According to our conditions our sales shall be invoiced on the date of dispatch.
Methods of dispatch and means of transportation are, in the absence of specific agreement left to our choice.
In case of EX Works deliveries the delivery time is considered to be met if the goods are ready for dispatch on the agreed dispatch time and information on date of dispatch readiness has been sent. Time for goods collection is 14 days since the confirmed day of dispatch readiness. After ineffective expiration of this time, an invoice shall be issued and the goods shall be kept in warehouse at cost of the Buyer. Warehousing costs shall be charged separately.
Containers or packaging, other than one-way character, are to be returned immediately after emptying, free of freight and expenses, to the redelivery address specified by us. In the event of incomplete emptying, any goods remaining will not be compensated for. Any possible damage at the customer side or during transportation will be at his cost.
The risk in all cases passes to the customer on acceptance (EXW) or when delivery is taken, in case of goods supplied; however the risk passes at the latest as soon as the goods leave our premises, even when we have undertaken other services such as transport.
6.1. Cancellation of order by the Buyer can only be accepted after prior negotiation and agreement with ACTEGA Artística, but never later than 14 days before dispatch. Cancellation cannot be accepted for any items ordered or manufactured specially for Buyer’s order. In case of order cancellation, the Buyer shall be liable to compensate ACTEGA Artística for any stock of materials, tools and finished or partly finished products.
7.RETENTION OF TITLE
Our company shall retain the ownership of the goods until the full payment of the sale price and in any case till all claims arising under this contract, or out of our business relationship, have been settled in full.
As the buyer of our goods, the customer shall insure them from their receipt into storage against all risks being his responsibility to be informed of the regulations existing in his territory.
The customer is entitled to resell, process or dispose of the delivered goods only if this takes place in the normal course of business. This right can’t be exercise in case of open claims regarding the terms of the contract.
Any processing or conversion by the customer of goods subject to retention of title shall be undertaken on our behalf, acquiring co-ownership in the new processed product or recovering invoiced value from re-sale operations.
If the customer defaults on his payment obligations, we are entitled at any time to demand return of the goods subject to retention of title.
In the case of defects for which we are responsible we commit ourselves to remedy the defect or to deliver replacement goods as soon as possible. The customer is entitled to rescind the contract or reduce the amount payable only if replacement or remedy is not possible or has repeatedly failed.
Our warranty obligations are voided if the goods supplied are altered, improperly handled, treated or processed or mixed with other goods or materials.
All claims concerning the quality of the goods must be formulated in writing within the eight days of delivery by us, or in case of hidden defects, within eight days of their discovery.
In order to establish the quality of the goods, reference samples from each delivery are kept in our premises.
Claims for remedy of defect or replacement of goods as well as any other for rescinding the contract, reducing the price or damages expire after six mouths counted from delivery/acceptance of the goods or services.
In case of litigation the place of jurisdiction is Vigo, (the courts of the city of Vigo).
The laws of Spain shall apply with the exception of United Nations Convention for the International Sale of Goods.
10. DATA PROTECTION
10.1 All data provided to this company will be included in the respective file. The individual has the right to object, access, ammend or cancel the foresaid data by sending a written letter to ACTEGA Artística S.A.U., Parque Empresarial A Granxa, rua F, 36475 Porriño (Pontevedra), Spain.