TERMS OF SALE
Under no circumstances, the General Conditions and / or Purchasing Conditions of the Buyer, will cancel or replace these General Conditions of Sale.
The acceptance of our offers implicitly implies that of all the conditions detailed here, except the special ones agreed in writing. , particularly in the same Offer or detailed in our acknowledgment of receipt of order, only documents that bind us before the Client.
COVASA reserves the right of ownership and the right of intellectual property of samples, budgets, plans and information in material or immaterial form as well as in electronic form; the access of third parties to these must be prevented.
OFFERS AND ORDERS
The prices are understood, if not express otherwise for merchandise located in our warehouse, including the loaded of this, but not including transport to the place of receipt, or taxes -which will always be borne by the buyer-, as well as the start-up at the site. All transport, insurance, maintenance and delivery operations are at the Buyer's risk and account.
The offers include only the materials and articles specified therein available in stock, except for exhaustion and for the period of validity determined in them.
The studies or offers of material are based on the prices in force on the date of their realization, and if, due to alterations in the cost of the materials, modification of tariffs or any other cause, the price level is revised, the prices that would apply would be those that apply on the date of supply, unless the offer is accepted within the period of validity that is established in it.
Prices do not include, except express notification, assembly and commissioning
of the materials supplied, the fluids recommended by the technical services of the manufacturers, the rigid and elastic containers of the materials, as well as the study of the implementation of the different materials.
COVASA may vary the price, as a consequence of any law that affects materials, salaries or hours of work and also to possible changes in currency parity, in import elements.
Orders will not be taken into consideration unless accompanied by the amount on account provided in our Offer, if so established.
The acceptance of the Offer will also imply unreserved acceptance of these
General Conditions of Sale.
COVASA reserves the right to refuse an order based on the availability of the products. In this case, it will be communicated to the buyer as soon as possible.
The delivery period will be agreed by the contractual parties. Delivery times will be calculated from the date of receipt of the order confirmation, COVASA can proceed without any interruption. COVASA will not be responsible for delays in the supply of all or part of the merchandise in the case of force majeure, such as natural catastrophes, legal limitations, strikes, etc., or any other cause beyond our control. In the case of any of the reasons mentioned above, the delivery period will be extended to the same period of time that the cause that caused the delay lasts.
We strive with the greatest interest, to meet the delivery deadlines indicated in our offers or in our order confirmations, although it is materially impossible to fully respond to such compliance, to depend on other suppliers and unexpected circumstances totally outside our possible control .
Hence, penalties will not be accepted for delayed delivery.
We will not be liable for any claim that is not made within 12 months after the delivery of the goods, nor will returns be accepted without prior authorization or after 15 days from the delivery of the goods. In any case, any return must be accompanied by a copy of our authorization and, provided it is not for reasons attributable to COVASA.
In relation to the defects that appear in the products supplied, COVASA will accept, as sole responsibility or obligation, to pay for the defective part or parts provided that the merchandise has been properly treated and that the defects arisen are due to material or manufacturing defects.
The guarantee includes the replacement or repair of the defective items to be made in our workshops.
The guarantee is always understood with the presumably defective material deposited in our facilities, with transport costs and risk borne by the buyer.
The advice and advice given before and after the contract is concluded with the best intention and according to our maximum knowledge, however COVASA does not assume any kind of responsibility in this regard, nor will it be liable for any direct or indirect damages that may arise, who, where and why they may occur.
COVASA will not be responsible for any consequence or any indirect damage caused to the Buyer or to third parties, including the damages of loss of opportunities, business or income.
COVASA guarantees exclusively its materials excluding any responsibility for the effects or damages that these may cause in facilities, machinery or circuits. In no case will be responsible for personal or material accidents and production losses.
Faults caused by misuse or deficient installation, faults caused by subjecting the equipment to abnormal efforts for experimental purposes, adjustment or testing are excluded from the guarantee. The total responsibility of COVASA for the damages caused, regardless of the type of action or theory of responsibility, shall not exceed the amount of the work, installation or materials that has been the subject of an order to COVASA. Any amount that exceeds this amount and that COVASA is forced to support either by judicial decision, arbitration or similar, will be repeated to the buyer to obtain indemnity.
Are excluded from this guarantee:
• The use of facilities or services that deviate from COVASA instruction manuals or specifications
• The improper use of facilities or negligence of the Buyer, his Assistants or Agents.
• The parts supplied by the Buyer.
The goods are always understood to be deposited at the address of COVASA, even in operations conditioned upon delivery at the destination. COVASA will send on the same day all orders received before 3 pm or until 5 pm on web orders, within the capacity and volume of orders, as well as orders that do not require special handling of assembly, cutting or packaging .
COVASA will send the merchandise through the agency of its choice or previously agreed upon. The cost of the postage of the order will be paid by the client, except in previously agreed conditions and / or specific offers and promotions.
Free shipping on web orders: it will be sent postage on behalf of COVASA provided that the minimum order amount will be equal to or greater than € 100. The transportation agency will be chosen by COVASA. Promotion applicable only for domestic shipments and within the Iberian Peninsula.
Any request for special material will entail the advance payment of 50% of the amount of the order, as an essential condition for acceptance. This amount will always be in favor of COVASA as compensation in any case of cancellation by the buyer, without prejudice to claims that by law may be entitled.
In certain articles, COVASA will apply a minimum order quantity, not being able to subdivide said article in quantities or parts smaller than said minimum order. In hose, the quantity will be adjusted to the closest quantity available in our warehouse, except for special requests of a fair amount and previously accepted by our order department.
Payments will be made as a maximum and unless express agreement between the parties, 60 days from the date of the invoice and upon receipt of positive credit reports. If the buyer does not pay for any of the supplies at maturity, COVASA is authorized to suspend subsequent shipments until such payment is made. Any bank charges associated with the payment of the merchandise, as well as the expenses of return of effects in case of non-payment, will be paid by the buyer.
In case of delay in payment and without prejudice to other rights attributed to the buyer by the legislation in force, the buyer will pay COVASA a delay interest of 2% per month from the due date of the invoice.
COLLECTION OF LETTERS OR RECEIVED RETURNS OR POSTPONED
Will be in charge of the drawee:
They will be -Return costs
-Interests of 1% per month from the day of the expiration failed until the date of final collection.
-Possible value of the stamp of new documents.
- Insurance premium of chargeability of the drawee:
COINCIDENTAL PAYMENTS ON VACATIONS
If the client can not pay for the payments that coincide with holiday periods, they will be transferred to the same day of the previous month. If there are fixed payment days, the due date will be transferred to the immediately preceding payment business day.
APPLICABLE LAW AND JURISDICTION
Legal relations between COVASA and the buyer are subject to Spanish law. The competent court will be the COVASA domicile. However, COVASA may choose to file the corresponding legal actions at the buyer's address.