General

The proposed supply only includes the materials specified in the Offer. The acceptance of our offers implies the acceptance of all the conditions detailed here, other than those special conditions agreed to in writing, particularly, in the same Offer. Our prices are based on current prices on the date the offer is made and should the price levels be revised due to changes in the cost of materials, labour or any other cause, the prices to be applied shall be those in force on the date of supply, unless the offer is accepted within the validity period established in same.

The industrial and/or intellectual property of the equipment sold, as well as any elements, drawings, plans, etc., included or relating to these, belong to DIMEC S.L. or to the suppliers of same and therefore the use by the Buyer in a manner other than that authorised by DIMEC S.L. or its total or partial copying or cession of use in favour of third parties without the prior consent of DIMEC S.L., represents a breach of such rights and is liable to prosecution.

Price

LPrices are understood to be net, without taxes.

All operations of transport, insurance, handling and delivery are at the cost and risk of the Buyer, unless the offer should specify otherwise.

Carriage, packaging and insurance.

These shall be borne by the Buyer.

LThe unloading and positioning of machines shall be borne by the Buyer. The Buyer is obliged to check the goods before signing the transport documents and shall report any incident. DIMEC S.L. shall be exempt of any responsibility.

Others

• Oils:Should oils be required, these are not included in the price. (The transport of oil is forbidden and forwarding agents do not wish to carry this.)
• Tooling required:Not included unless indicated in the offer.
• Material for conducting tests: This shall be supplied by the Buyer, carriage to be borne by the Buyer. In the case of orders for machinery, which is to be subjected to tests, it is IMPERATIVE for the Buyer to send material. DIMEC S.L. may block the order should it not receive material for the established trials.
• Repairs and spare parts: These shall be paid in cash.
• Assembly and start-up: Not included unless specified in the offer. If requested, assembly and start-up shall be invoiced according to our price lists, and you shall place the appropriate personnel at the disposal of our engineers for training purposes and to aid our engineer. The supply of power to the machine's electrical cabinet, the additional refrigeration of the hydraulics unit (if required), anchoring and positioning of the machine shall be at the expense of the Buyer.
• Water: The welding machine requires water for cooling, the installation of which is not included in this budget.
• Colour:Unless otherwise indicated by the Buyer, the machine shall be given in the standard colour of the manufacturer.
• Maintenance:DIMEC S.L. has qualified technical personnel so that, should the client be interested in contracting the maintenance of the machines, we can carry out this work under the conditions established for living expenses, travelling and hours of work.

Claims

Any claims due to defects in the amount or quality of the packaged goods received by the Buyer, must be submitted within five calendar days following the date of their reception, otherwise the period fixed for making claims shall be considered as having expired. Should the Buyer observe any fault or defect in the goods supplied, he shall make a note of this at the time of delivery, on the corresponding note.

Delivery terms

To be specified on placing the Order. The delivery period shall begin as of the moment DIMEC S.L. receives the initial PAYMENT of the order. Delivery periods must be considered to be estimations and are subject to multiple factors and, unless otherwise expressly agreed, no delay in delivery shall be considered justification to claim any compensation. The company undertakes to comply with all the delivery terms agreed to with the client. However, these may be modified, after providing prior warning, due to production motives or for reasons beyond its control. The client recognises and accepts this situation and will therefore not enforce any penalisation. DIMEC shall not accept any penalisation under any circumstances, unless agreed upon contractually by DIMEC and the client.

Payments

The goods shall be paid in accordance with the conditions accepted in each offer. In the case of any delay in payment beyond the stipulated due dates, DIMEC S.L. reserves the right, without detriment to any other right applicable, to charge interest for late payment, in accordance with those established in current legislation.

In the case of non-payment due to the failure to honour a draft, the corresponding bank charges shall be borne by the Buyer.

In the case of any delay or failure to pay any invoice, claims shall be submitted for any debt that the purchasing company may have established at that time with DIMEC S.L. DIMEC S.L. reserves the control over the goods consigned in this document until these have been paid for completely and the Buyer undertakes to make this circumstance known to the corresponding authorities in order not to prejudice the interests of the Seller in any way.

Warranty

This shall be for 12 months for the mechanical, electrical and electronic part, for all defects detected in the elements supplied by us. The warranty shall be limited to the replacement of faulty parts manufactured by us or to the presentation of the corresponding claim to the supplier of the aforementioned parts. Under no circumstances may responsibilities be claimed for the consequences of the defect in the part in question.

• Tooling, dies, consumables, etc., are not subject to warranty. Parts shall be sent cash on delivery.
• Travelling and labour are not covered and should these be requested, will be invoiced in accordance with our price lists.
• For the warranty to be effective, any malfunction in the products or equipment shall be notified to DIMEC S.L., in writing and within two days counted as of the moment such an anomaly appears. The following points are excluded from the warranty:
  • When the products are used contrary to the Seller's instructions or the manuals provided by him.
  • The inadequate use of installations or negligence on the part of the Buyer, his employees or agents.
  • When the anomaly has not been notified within two days and in general, when the Buyer has aggravated the malfunction in any way due to his action or omission.
  • When the personnel of the Buyer or of a third party, not previously authorised by DIMEC S.L., have intervened in the repair of the product or equipment. Under no circumstances will invoices or charges for the repair of the equipment installed by DIMEC S.L. be accepted, and in all cases the warranty will consist of the repair made by this company.
  • The natural wear of the material through use.

The warranty shall be rendered null and void should the Buyer have failed to comply with any of the contractual conditions, especially should he have failed to meet any of his payment obligations.

Jurisdiction

For all questions arising from the material dealt with in this Sales Contract, the Courts and Tribunals of Alava shall have exclusive jurisdiction, irrespective of the sales conditions and payment methods agreed upon.