CONDICIONES GENERALES DE VENTA
For the purposes of these General Terms and Conditions, the following is understood as:
ESINSA: ESINSA, S.L.
Customer: Any individual or legal entity that purchases products from ESINSA.
Orders for standard products: Orders referring to ESINSA products, which usually appear in its catalogs or brochures, and do not require additional manufacturing processes.
Orders for non-standard products or special manufacturing: Orders relating to ESINSA products that require some additional or special manufacturing process, at the specific request of the Customer.
Additional costs: Expenses derived from concepts other than the price of the product, accrued as a consequence of the
Customer’s order, such as: kits, units per package, special labels, non-standard packaging, or any other duly accredited concept.
These General Conditions are applicable exclusively to ESINSA’s Customers.
These Conditions shall come into force and shall be understood to be accepted by the Client when the latter places an order with ESINSA and shall remain in force until the termination of the contract between the parties and the extinction of all the obligations assumed by each party.
These conditions shall apply to all purchases made by the Customer from ESINSA, without prejudice to any Special Conditions that the Parties may agree in writing.
Any condition proposed by the Client other than the present ones, which is not expressly accepted in writing by ESINSA, shall be ineffective and non-binding.
The documents issued by ESINSA other than these Conditions, such as brochures, catalogs, etc., are merely informative and are not binding.
These General Conditions are applicable exclusively to ESINSA’s Customers.
These Conditions shall come into force and shall be understood to be accepted by the Client when the latter places an order with ESINSA and shall remain in force until the termination of the contract between the parties and the extinction of all the obligations assumed by each party.
These conditions shall apply to all purchases made by the Customer from ESINSA, without prejudice to any Special Conditions that the Parties may agree in writing.
Any condition proposed by the Client other than the present ones, which is not expressly accepted in writing by ESINSA, shall be ineffective and non-binding.
The documents issued by ESINSA other than these Conditions, such as brochures, catalogs, etc., are merely informative and are not binding.
When placing an order, the Client shall detail, among other data (number of units, place of delivery, etc.), offers or queries to ESINSA. Failing this, ESINSA may supply the product it considers most similar to the one ordered.
For orders of non-standard products or special fabrications, the Customer shall provide a detailed drawing and shall pay for the tooling before the production of the same begins.
The offers, drawings, designs, etc., made by ESINSA are the exclusive property of ESINSA. Therefore, the Customer may not transfer them to third parties without the written consent of ESINSA.
Orders for non-standard products or special fabrications accepted by ESINSA may not be cancelled.
Cancellation of orders for standard products accepted by ESINSA will require your written consent.
If the cancellation entails any damage or loss, ESINSA may claim from the Client the payment of the same, plus a compensation equivalent to 10% of the sale price.
Delivery times stated in ESINSA documents (such as acknowledgements of receipt, offers or quotations) are approximate, unless there is a written commitment that guarantees them.
Any delays that may occur in the delivery of the products shall not give rise to the termination of the contract, nor to compensation of any kind.
The Client accepts the shipment of partial lots of products when circumstances of service or storage so require on the part of ESINSA.
In the event that additional costs are incurred as a result of an order of any kind, all costs shall be borne by the Customer, who must pay them together with the amount of the products supplied.
ESINSA may suspend or delay the delivery of the products if unforeseen circumstances beyond its control prevent it from doing so. In such a case, it will be sufficient that from the moment it becomes aware of such circumstances, it notifies the Customer by any means, the suspension or delay in delivery, being free of any liability for the delay.
ESINSA reserves the right to deliver orders that correspond only to units packaged in multiples, as well as to deliver more or less than 10% of the quantities covered by each order, according to its availability at any given time.
If the Customer is in default of payment or ceases its activity, ESINSA may cancel orders pending at that time, block the account and the supply of materials.
All goods are shipped carriage forward, and travel at the Customer’s risk.
Also if the Customer requests an urgent shipment or by any specific means of transport, the costs generated will also be at the Customer’s expense.
In both cases, any damage that may occur during transport will be at the Customer’s expense.
All ESINSA products are delivered to the carrier after a quality control and packaging, so the Customer upon receiving the purchased products at their destination must state on the delivery note, any external or visible defect noticeable in the products, and derived from transport.
ESINSA assumes neither the negative effects that may occur in the goods during transport (loss, damage, etc.), nor the damages that may be caused by delays in delivery for any reason.
The products subject to delivery to the Customer or buyer at ESINSA’s facilities:
They must be collected within a maximum period of 5 days, from the communication to the Client that they are at his disposal.
ESINSA may charge the Customer for storage and other costs incurred if the products are not collected within 5 days.
Notwithstanding the foregoing, if the Client does not collect the products ordered from ESINSA’s warehouses within a maximum period of 20 days from the communication that they are at its disposal, ESINSA may demand performance or terminate the supply contract.
The Client may at any time request from ESINSA the price of the products in which it is interested. These prices shall only be valid for the period indicated by ESINSA in its communications to the Client.
If no period of validity is stated, it shall be understood to be only 30 days.
The price invoiced will be, in any case, the price in force of the product at the time the goods are made available to the Customer.
Prices are net prices (not including taxes, transport, quality certificates or other items) and may be modified at any time by ESINSA, without prejudice to the contracts in force with its Customers.
If during the manufacture of orders, prices are modified due to fluctuations in raw materials or other reasons beyond ESINSA’s control, these modifications will be assumed by the Client, prior notification by ESINSA.
The prices of ESINSA’s products refer to units, except in the case of products with packaging containing several units. In this case, the minimum sale price is one package.
Unless otherwise agreed in writing, ESINSA will invoice each Client’s order individually, and the invoice will be issued within 15 days from the date of the delivery note.
Invoice amounts are not subject to negotiation or discount.
ESINSA will not accept returns of any type of products, once supplied to its Customers, or made available to them.
Exceptionally, ESINSA may accept returns of standard products provided that each and every one of the following conditions are met:
– That there is a request for return by the Customer, and ESINSA in turn accepts it in writing.
– That the returned product is deposited by the Customer in ESINSA’s original warehouses within a maximum period of 7 days from its delivery.
– That the returns are made with the original packaging, the material unused and in perfect condition, accompanied by a copy of the delivery note.
– That the Reception Department and the Quality Control Department of ESINSA give their conformity to the returned product.
– That the Client pays all the expenses caused by the return, as well as any damages that may have been caused to ESINSA for this reason.
In any case, ESINSA reserves the right not to accept the return, especially if its poor condition is due to defects in storage, conservation, transport or handling.
Returns travel at the Customer’s risk and expense, unless they are due to an error or cause attributable to ESINSA, in which case written acceptance will be required.
In no case, returns of special manufactures, machined items, or in general any non-standard product will be accepted.
The reseller Customers are responsible for their relationship with the final recipient and cannot transfer to ESINSA any liability arising from events subsequent to the delivery of the product, except as provided for in the cases expressly provided by law.
With regard to contracts of sale of consumer goods (or tangible personal property for private consumption) that ESINSA enters into as a seller directly with consumers, the provisions of Law 23/2003 of July 10, 2003, on Guarantees in the Sale of Consumer Goods and complementary legislation shall apply.
The rest of the supply or sale contracts entered into by ESINSA with its customers, which are not included in the scope of application of the aforementioned Legislation, shall be governed by the present conditions.
Any complaint about the content of the delivery note, or the products purchased, must be made in writing to ESINSA within 7 days of delivery.
ESINSA guarantees the quality of its products according to the standards of its Suppliers. The warranty for manufacturing defects is limited to the replacement of the defective product with another of the same characteristics, excluding the payment of damages.
In any case, in order to accept the replacement of a product, the conformity of the Technical Department and the Quality Control Department of ESINSA will be required.
ESINSA is not responsible for claims arising from inadequate product selection or poor assembly.
In any case, claims to ESINSA derived from damage to the products due to handling by the Client, transport, apparent defects or similar will not be accepted.
The content of ESINSA’s catalogs (technical specifications, drawings, etc.) is informative and does not in itself generate any commitment or contract with the Customer.
Any responsibility derived from the storage, care or handling of ESINSA’s products is transferred to the Client from the moment of their delivery or availability.
The products supplied shall not become the full property of the Client until their price has been fully and effectively paid to ESINSA.
In case of breach by the Customer of any of the obligations at its expense, especially if it fails to make a partial or total payment of the invoices issued by ESINSA, ESINSA may, upon prior written notice, with three days’ notice, demand performance of the contract and full payment of the sums owed, plus interest for late payment as agreed, bank and administrative expenses accrued, or terminate the contract by right, requesting the return of the goods with transport costs to be borne by the Customer, together with all damages caused, and compensation equal to 10% of the total price of unpaid orders, which is expressly agreed as a penalty clause.
