COMQUIMA EUROPE SL’S GENERAL CONDICIONS OF SALE
1. General provisions, scope of application.
These General Conditions of Sale are applied to all the sales, which, at the offer/budget (“Offer”) confirmation done by Comquima Europe (“Comquima”), the customer accepts them and constitute the contract between both parts for the equipment sale at its current status, accessories, spare parts and services (“Product”) described in the Offer.
When other type of conditions different to the General Conditions of Sale are indicated in the Offer, the specified conditions will prevail to any other provision of the General Conditions of Sale.
The deviations of these terms and conditions will only be valid if they are agreed in writing in the Offer and will be applied exclusively to that Offer in particular.
It is understood as a firm order, any document or e-mail, received by Comquima, that comes from the customer and confirms the acceptance of an Offer done by Comquima and within the validity period.
In the case the customer wants to cancel the order, for any circumstance that is not Comquima’s responsibility, will have to pay to Comquima the following penalties:
a. If the order is cancelled within the 30 days from its confirmation, the amount to be paid will be the 10% of the total.
b. If the order is cancelled between the days 30 and 90 after the order's confirmation date, the amount to be paid will be the 30% of the total plus, if there were, the costs that Comquima Euorpe S.L. has to deal with due to the cancellation of this order.
c. If the order is cancelled from the day 91 since the order's confirmation date, will generate expenses equal to all the expenses that would has Comquima related to this Offer until that moment (custody service + material + work hours) plus the 30% until a maximum charge of the 100% of the order.
d. If the order includes modifications or revampings works, the cancellation of the order will generate an initial penalty of the 80% of the total amount, being able to reach the 100% if the modifications or revamping works are completed, independently of the moment the order has been cancelled, as it implies a transformation of the equipment according to the customer's specific needs.
The equipment price will be the defined in the Offer and will include only what is specified in it.
All the prices offered by Comquima are provided under ex-works 2010 conditions, place to be defined by Comquima depending on the Product, and has a validity of 10 working days, except prior sale.
The following elements are not included:
- the applicable duties to goods and services, the added value duty (IVA), the duty on sales or any other similar duty ("Duties") that may imply the sale of the equipment. All of them will be assumed by the buyer.
- the packaging (box, pallet,...) for the shipment of the Product.
- the installation and start-up of the Product.
- the load and lashing of the Product.
- the shipment to the customer's facilities and unload of the Product.
- the documentation of the Product.
- the cleaning of the equipment.
- the electrical and control panels.
- the electrical connection between the equipment's devices and the electrical and control panels.
- any document not issued by Comquima requested/required by the customer for the importation of the Product that generates expenses.
4. Payment terms
The customer will have to pay the price that is indicated in the Offer through bank transfer, together with the added value duty or any other tax, before the load of the Product except if there were other payment terms specified in the Offer.
The payment will be always made in euros currency and the transfer expenses will be paid by the customer.
The customer will have to pay the issued invoices by Comquima within the following 30 days from the invoice date, always before the load of the Product.
The customer is committed to pay Comquima invoices punctually, in case that complaints are presented, without applying any reduction or claiming any compensation, discount or any right of suspension, except it is agreed the opposite in writing.
If the payment is not received within the indicated period in the invoice, Comquima reserves the rights to cancel the sale without the customer being entitled to any compensation. In this case, the customer would be making a legal breach and will have to assume a 1% of interest on the owed amount for every month that passes from the expiration date. All the legal costs that were generated due to this indebtedness will be paid by the customer. The extrajudicial request expenses will come to at least the 15% of the owed amount by the customer, including the interests previously mentioned.
In case of exceeding the year, from the issuance of the invoice, Comquima reserves the right to cancel the sale, with a penalty of the 20% of the total offered price.
In rentals, the customer must pay the price indicated in the Offer together with the deposit by transfer in order to dispose of the Product. When the customer accumulates 5 weeks pending payment, Comquima reserves the right to cancel the contract, recover the Product and execute the deposit to satisfy the unpaid invoices and the expenses incurred.
Once the rental is finished and the Product has been returned to Comquima, it will be reviewed and, once it is confirmed the Product has been provided in the same condition in which it was delivered, the deposit will be returned. In case the product does not meet these requirements, part or all the deposit will be executed to cover these expenses.
The equipment will be delivered under the Ex-Works 2010 incoterm, except it is agreed the opposite in writing in the Offer, and it will be shipped at the customer’s own risk.
The customer must always perform a complete cleaning of the Product prior to its first use.
The customer will inform about the means that will be used to perform the unload of the equipment, in order to prepare the Product accordingly for this step. In case the Product requires a special preparation, the expenses will be paid by the customer.
If the contract refers to several Products, the delivery can be done as a whole or in different deliveries. In case of different deliveries, the customer will be required to keep to the invoice payment or the related part as it was an individual delivery.
The agreed delivery period is just an estimation. In case of exceeding the delivery period, the customer will not have the right to get a compensation for damages. The customer will not have the right to terminate the contract unless the period has been exceeded by more than 6 months and the delay is not caused for any reason beyond Comquima. In this case, the customer will have the right to terminate the contract communicating it in writing to email@example.com.
In case the customer does not provide the information required by Comquima for the delivery and preparation of the Product, the agreed delivery period will be annulled and the parts will have to agree on a new delivery period. Otherwise, the contract will remain in effect and Comquima will have the right to claim a compensation for the damages suffered.
Comquima keeps the property of the delivered Product until the date which the customer has accomplished completely with all the payment obligations.
Until the customer makes the complete payment of the Product, it would be in deposit, keeping Comquima its possession, without the “key delivery” of start-up.
In case of rentals, the Product owner will always be Comquima, even if the customer is in possession of the Product.
7. Disclaimer and warranty:
The used Products will have a warranty period of 1 year from the delivery date.
The customer purchases the equipment in its state, “as it stands”, this means the equipment is offered in its current state without certainty about the mechanical operation and without mechanical warranty.
The warranty is not applicable when the reason for the damage or its incorrect operation is due to a crash, a wrong use of the Product, a bad handling, defects caused by bending, compression or falls, extreme temperatures, contact with liquids (water, rain, extreme humidity or other humidity types), etc.
The warranty will not be applicable to the used Products for the defects that had been previously specified in the description or that are visible in the pictures of the Product.
The customer has the right to make a test in our facilities previous to the acceptance of the equipment in order to confirm it accomplishes with the specifications. Comquima will not be responsible of the consequences that the customer does not perform this acceptance test or any inaccuracy, insufficiency or omission in the equipment specifications.
It will be the buyer’s responsibility to assume the packing or, otherwise, he will not have the right to claim damages caused by an unsuitable package.
It will also be the buyer’s responsibility to make or contract the fastening of the equipment for the shipping, otherwise he will not have the right to claim damages caused during the shipment due to a bad fastening.
It is recommended to perform a complete cleaning of the equipment prior to its first use.
Under any circumstance Comquima is responsible for the customer's misuse of the sold or rented Product.
8. Refunds, repairs:
In case of a faulty Product, Comquima will proceed, as appropriate, with the repair, price reduction or the contract resolution (return the Product). Nevertheless, it will not be possible to request the refund of the 100% when the Product defect is unimportant or aesthetic.
The customer has a maximum period of 365 calendar days since the delivery date of the equipment for the communication of flaws if and when complies the following conditions:
- The equipment is in the same state it was delivered, it will have to preserve its package and cannot have undergone any modification. The modification of the Product, independently to Comquima, invalidates any type of responsability and warranty.
- The return is performed using the package with which the delivery was made or, otherwise, with a similar format that guarantee the return of the equipment in perfect state.
- Contact previously with Comquima Europe S.L. at firstname.lastname@example.org reporting the incident; they will give instructions to how to proceed.
In case of a return of the Product due it was delivered in different conditions to what was indicated in the Offer, the return service will be free of charge. In that case, Comquima will refund, upon receipt and verification of the Product, the full amount as long as the Product is in the same conditions as when it was delivered. In case of a return for reasons not attributable to Comquima, shipping costs will be borne by the customer.
9. Personal data protection:
In accordance with current and applicable regulations on the protection of personal data, we inform you that your data will be incorporated into the treatment system owned by COMQUIMA EUROPE SL with CIF B66078205 and registered office at C/ANTONI BORI 39, 08918, BADALONA (BARCELONA), and their respective purposes, conservation periods and legitimizing bases are listed below. For those treatments that require it, it is also reported about the possible elaboration of automated profiles and decisions, as well as the possible assignments and international transfers that COMQUIMA EUROPE SL plans to carry out:
- Purpose: Administrative management, billing, accounting and legal obligations.
- Conservation period: 10 years, in compliance with the Commercial Code.
- Legitimate basis: Compliance with a law.
- Cession: Your data will be communicated if necessary to the Tax Agency, Banks, Savings Banks and Organizations and/or public administration with competence in the matter in order to comply with the tax and fiscal obligations established in the applicable regulations. In addition, it is reported that the legitimizing basis of the assignment is the compliance with a law.
- Purpose: Management and processing of obligations and duties arising from compliance with the regulations to which the entity is subject.
- Conservation period: Preservation of copies of the documents until the prescription of the actions in order to claim a possible responsibility.
- Legitimate basis: Compliance with a law.
- Cession: Your data will be communicated if necessary to Organizations and/or public administration with competence in the matter in order to comply with the obligations established in the applicable regulations. In addition, it is reported that the legitimizing basis of the assignment is the compliance with a law.
- Purpose: Collection, registration and processing of data for the purposes of advertising and commercial prospecting.
- Conservation period: As long as the consent given is maintained.
- Legitimate basis: The consent of the interested party.
In accordance with the rights conferred by the current regulations and applicable on data protection, you may exercise the rights of access, rectification, limitation of treatment, deletion (“right to be forgotten”), portability and opposition to the processing of your personal data, as well as the revocation of the consent given for the treatment of the same, directing your request to the postal address indicated above or to the email email@example.com. You can contact the competent Control Authority to present the claim you deem appropriate.
In case of controversy, difference, conflict or claim, they will be submitted to the jurisdiction of the Juzgados y Tribunales de Barcelona (courts and tribunals of Barcelona), in Spain.