These General Sale Terms (hereinafter GST) apply to any sale of goods and services by GEFICO ENTERPRISE S.L. (hereinafter GEFICO) and regulate the contracts for the sales of products, equipment or their parts thereof, prevailing over any written proposal or any negotiations maintained between GEFICO and the customer prior to the acceptance of the order.
These GST expressly exclude the applicability to the commercial transactions mentioned above, of any other general conditions in all its content. GEFICO reserves the right to update these GST.
The dimensions, weights, technical characteristics, performance, drawings and any other information included in our catalogue are purely indicative and may be modified without prior notice by GEFICO.
The order will be considered binding at all times for the customer from the moment GEFICO receives his written confirmation by means of the duly completed submission of his acceptance stating order number, amount, payment method, company stamp and authorized signature. Any modification in the initial order by the customer shall require written confirmation of GEFICO acceptance modifying, if necessary, the execution period of the order.
The sale prices of the products shall be agreed between the customer and GEFICO, depending on the offer and modifications made.
Any taxes imposed on the sale of the products shall be borne by the customer.
2. DELIVERY OF GOODS
The delivery and remittance times shall count from the acceptance of the order. Times reflected in the order shall be indicative, and must be confirmed by GEFICO after acceptance of the order, being subject to potential changes due to a modification in the circumstances between the date of issuance of the order and the date of acceptance of the order. The ordered products will be considered delivered to the customer on the moment they leave the GEFICO premises, either by the customer’s own means of transport or those of the carrier to which the shipment is entrusted / or according to the INCOTERMS agreed upon with the customer.
When the goods may not be sent to its destination due to causes attributable to the customer, they shall be deemed as delivered, and the corresponding invoice shall be issued for payment purposes, on leaving of the goods deposited at the customer’s disposal. GEFICO reserves the right to pass on to the customer the storage costs or damages or expenses incurred while keeping the good s at its warehouses.
3. CONDITIONS OF PAYMENT
The payment conditions shall be stipulated in the orders or order confirmations. If for any reason the customer should exceed the payment date initially agreed upon, GEFICO may charge interest for late payment from the initial date until the extended date, calculated at the average interest rate applied by the ECB increased in two points.
GEFICO shall maintain title over the goods until the full payment by the customer of any sums due. In the meantime, the customer shall not be able to dispose of the goods without prior written authorization from GEFICO.
In case of delay in payment, GEFICO reserves the right to recover the products subject to supply without the need for a court order.
The conditions of sale to credit agreed, in its case, shall be conditioned to the granting of credit insurance coverage by the insurance company with which GEFICO ENTERPRISE purchases cover for such risks.
4. INTELLECTUAL PROPERTY
The customer may not use or publish images of the products and designs of GEFICO, in any format or media, digital or non-digital, without including an explicit and visible mention of the authorship of said designs or the intellectual property thereof or of the images by GEFICO.
Failure to comply with this obligation shall be deemed as a fundamental breach of the obligations assumed by the customer under this contract, which shall entitle GEFICO, at its sole discretion, to terminate the contract and/or exercise legal actions available to claim a compensation for the damages and losses caused.
The information contained in GEFICO’s commercial offer is directed exclusively to its recipient. Any non-authorized use both of its content and images, logos, designs, technical specifications, will be considered a serious breach of intellectual or industrial property rights.
Supplies shall be affected in accordance with the offers and quotations accepted by the buyer, according to the quality and conditions requested by the customer.
GEFICO provides a warranty that covers repair of products or equipment evidencing manufacturing or workmanship defects. This warranty shall be extended for a period of 12 months from the start up date or 18 months from delivery, whichever event occurs first. This warranty shall only Benefit the original Customer and affects new products and equipment only.
GEFICO shall not be responsible in any event for direct or indirect damage caused to the products or equipment due to defective installation or warehousing, lack of maintenance or negligent operation. In any case, GEFICO’s liability shall be limited to the substitution or repair of the defective parts, which shall be delivered by the Customer to the destination indicated by GEFICO, and shall be returned by GEFICO on FOB terms to the place of loading, without further liabilities being attributable to GEFICO.
For materials provided by GEFICO but not manufactured by GEFICO, and for the purchasers Benefit, GEFICO shall be subject to the manufacturer’s warranty when the circumstances allow.
The client shall request in writing any cancellation of a confirmed order, stating the reasons for such request.
Unless otherwise expressly stated in the Particular Conditions of the relevant accepted commercial offer, GEFICO reserves the right to agree to such cancellation, which shall not be allowed in any case in respect of special projects that may have required the acquisition or manufacture of specific component.
Cancellations authorized by GEFICO will give rise to the application of a cancellation charge, amounting up to the higher of the following sums: 15% of the invoice value of the cancelled items or the sum of the expenses incurred by GEFICO before and after the cancellation, including but not limited to, the cost of materials, labour, engineering work, work in progress or any other expenses incurred in.
In case any amounts need to be returned to the Client, such return shall be effected in terms that do not affect negatively GEFICO’s financial situation.
8. APPLICABLE LAW AND JURISDICTION
This contract shall be governed by Spanish Law.
All the disputes arising out of or in connection with this Sale shall be submitted to the exclusive jurisdiction of the Courts of A Coruña (Spain).