Sales General Conditions - Hicoman
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SALES GENERAL CONDITIONS

1.- ACCEPTANCE OF THESE GENERAL CONDITIONS

The conditions of sale herein are considered as an integral part of our offer and supply documents and any other commercial or contractual document of which they form part. The Buyer therefore, may not allege ignorance or dissent of them. Any variation or modification that is agreed or that alters these general conditions should be certified in writing and authorised by the signatures of the Seller and Buyer.

2.- PRICES

The prices of our rates are reflected in euros and do not include the corresponding taxes according to the law.

In the absence of any other agreement, the prices should be understood as ex-works. (Incoterm CCI 1990).

Hicoman, S.L. reserves the right to modify prices without forewarning, respecting the prices of the goods included in orders that have already been confirmed.

3.- ORDERS

Orders may be made by telephone, fax or email. In the case of telephone orders, apart from complying with the conditions herein, they should be confirmed by fax or email. Hicoman, S.L. is exempt from any responsibility in the case where the Buyer fails to comply with this procedure.

The orders made by the Buyer will be considered as definitive purchases to all effects, and subsequent cancellation is not permitted, except in the case of force majeure and through the express written authorisation of Hicoman, S.L.

4.- DELIVERY AND SERVICES

Hicoman, S.L. will endeavour to fulfil the agreed terms of delivery, but does not assume the definitive commitment with respect to the terms of delivery of the goods, except where it accepts expressly and in writing the proposed delivery date.

Any delays arising in delivery will never be subject to penalties or compensation for damages, nor will they authorise the Buyer to cancel the order.

5.- TRANSPORT

All of our goods are transported at the expense of the Buyer. The transport will be organised and paid for by the Buyer.

However, if it is agreed, the Seller may hire the transport on behalf of the buyer and include the transport expenses in the invoice.

In the case of loss or damage, the Buyers must certify this upon the receipt of the goods and present a claim to the carrier.

6.- INSURANCE

All of our goods are transported at the Buyer’s risk.

The cost of the insurance of transporting the goods will be assumed by the Buyer. However, if it is agreed, the Seller may take out the insurance on behalf of the buyer and include the insurance costs in the invoice.

In the case of loss or damage, the Buyers must certify this upon the receipt of the goods and present a claim to the carrier.

7.- CURRENCY OF INVOICING

The currency of invoicing will always be EUROS.

8.- PAYMENT

In the first period, the payment of the goods will be made by the Buyer after placing the order and before the Seller dispatches the goods to the carrier.

Subsequently, after the satisfactory running of activities and after a favourable study of customer risk, other methods of payment may be considered, where the maximum payment period is 60 days as from the date of the invoice. All delays in payment of the price over the stipulated term will generate a monthly interest of 2% and in the concept of conventional penalty.

All legal and extrajudicial expenses incurred, including banking, notary, lawyer, solicitor costs, etc, for non-payment will be assumed by the Buyer.

9.- GUARANTEE

All products manufactured and marketed by the Seller shall be free of any material or factory defect.

The guarantee does not cover any responsibility that does not exclusively concern the product of the Seller.

This guarantee does not cover incidents due to accidental circumstances beyond human intention, use and normal wear and tear of products or to deterioration or accidents due to negligence, lack of due care or misuse of the products.

10.- RETURNS

The return of goods is not permitted. However, Hicoman, S.L., for a period of 30 days after the delivery of the goods, will accept to replace goods that have factory or material defects or faults with respect to type, quality or quantity.

The goods will be replaced with the same type, quality, quantity and amount requested in the order corresponding to the goods.

11.- PROPERTY RIGHTS

The Seller reserves the ownership of all the rights of the goods sold until the complete payment of all the amounts owed by the Buyer are paid.

12.- COMPETENT JURISDICTION

The contract of sale signed in Spain, will be governed by Spanish Law in all that is not provided in these general conditions of sale.

Any dispute arising as a consequence of the established contract of sale, must be resolved in the competent Courts and Tribunals of Alicante (Spain), whose jurisdiction will govern the Buyer and Seller, who expressly renounce those which may correspond to them.

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