Terms and Conditions
Any order by a customer implies the unconditional acceptance of the general terms of conditions. None of the clauses of the purchase orders or of the correspondence that we receive from our clients may, consequently, repeal them, unless otherwise agreed with the client in writing. These general conditions of sale may be supplemented by general conditions or special conditions of sale under the conditions provided by current regulations.
Los precios indicados en nuestras ofertas pueden estar sujetos a condiciones o a un período de vigencia. En caso de contrato o pedidos con ejecución sucesiva o con entregas escalonadas en el tiempo, nuestros precios pueden ser revisados de acuerdo a variaciones en los costes de mano de obra, materias primas y costes de transporte. A menos que se acuerde lo contrario por escrito, nuestros precios siempre se entenderán para bienes vendidos y aprobados en fábrica o en nuestros almacenes. Todas las condiciones de precios de nuestros productos están disponibles en nuestras agencias. Los gastos de gestión para la preparación de cualquier factura, así como los servicios adicionales correspondientes, en particular, a la entrega de mercancías, el envío y la recuperación de palets y la grúa de las mercancías también se facturarán al cliente.
- PICK UP – DELIVERY – TRANSPORT
The products are shipped at the expense and risk of the client. In case of delivery on site, the customer must be present on the agreed date and time. The location of unloading, which must be clearly specified by the customer in the order form, must be accessible by a road suitable for cargo vehicles, without any danger and risk to such. The client must ensure and assume under his/her responsibility the ability to maneuver the vehicle to gain access and movement on the site. Our company declines all responsibility if any damage occurs on this site by the carrier, due to difficult access or unsuitable terrain. In case of non-compliancy, the client must cover the transport and handling costs. The unloading of products is in the sole responsibility of the client. If the customer is absent at the time of delivery, the merchandise can be unloaded at his own risk or being transported back to the warehouse, while the client must cover the transport and handling costs. Delays in delivery time are not subject for a penalty fee, fine or compensation, nor justify the cancellation of the order. In case of refusal to receive or non-collection of the requested order, the client has seven days to collect the material, otherwise Cermondo is allowed to use the material for other requests. In this case the deposit must not be returned. Any order must be collected or delivered within 30 days of arrival in the warehouse from production. After 30 days, Cermondo is allowed to use the material for other requests.
- WARRANTY – LIABILITY
The client agrees to comply with all applicable laws and regulations, and in particular those related to export control. Unless otherwise agreed upon acceptance of the order or by application of a statutory provision, the supplied and accepted goods are neither returned nor exchanged. It is the customer’s responsibility to recognise the condition of the product before unloading and formulate, where appropriate, reservations on the delivery note and confirm said reservations with the carrier by certified delivery letter within 3 days of delivery. In the case of non-conforming delivery to a professional customer, any complaint must be sent to us in writing within seven days of delivery of the goods. Complaints regarding the apparent non-conformity of our products are only taken into account before any placement or installation.
It is the customer’s responsibility to read the product labeling, technical data sheets, installation recommendations, and any information on the product or its packaging before placing or installing the product. For supplies of certain materials the dimensions, shades of colour, appearance, structure and weight may be subject to variations inherent to their manufacture or in its nature, within the usual tolerances. The scope of our commercial guarantees cannot exceed those granted by our manufacturers.
These guarantees are valid subject to the correct and normal use of the products, compliance with the technical prescriptions (D.T.U.) and the recommendations of the manufacturers. Excluded from the commercial guarantee are the replacement of consumables, as well as breakdowns linked to lack of maintenance and/or normal wear and tear of the merchandise. In any case, our liability is limited to the amount of the order in quantity and monetary order value, excluding any other compensation of any kind and in particular excluding compensation for any non-material damage resulting, directly or indirectly, from the defect in the merchandise. A non-conformity of a product must be also recognised and accepted by Cermondo to be eligible for replacement.
- RETENTION OF PROPERTY
Ownership of the products will be transferred to the customer after full payment of its price and its accessories. In case of recovery of the products in application of this clause, all the amounts already paid by the client will be acquired by our company as damages. In the case of a claim that affects the product sold, subject to the retention of title clause and that remains unpaid, our company may claim the benefit of the insurance compensation paid from the client or his insurer.
- PENALTY CLAUSE
Any failure to pay on the due date will result in the automatic application of compensation equal to 15% of the unpaid amount, regardless of the intended payment method, unless a deferral is granted by our company.
- CANCELLATION CLAUSE
In case of non-payment by the customer of the full amount due or refusal to accept our commercial papers, Cermondo has the right to suspend and / or terminate all or part of the current orders, contract, sales or accounts of supplies. Without prejudice to any damage interest, this clause comes into effect five business days after receipt of a formal notice, sent by registered mail. If Cermondo does not confirm an order in writing, despite the presence of an offer, the order is not valid. After a written confirmation, Cermondo has seven working days to cancel the order without damage interests applicable. In case of an event of higher cause, Cermondo can in effect cancel an order or contract without damage interests.
For orders and the general conditions of sale that are an integral part of it, the Spanish law is applicable. In the event of a claim, we invite you to send your request as a priority to our company’s customer service by certified delivery to the address of our parent company, or directly to the establishment from which your order was placed. Please check the terms & conditions on our website www.cermondo.com for any updates or changes. The latest version, which can be found on the website, is applicable.