GENERAL TERMS AND CONDITIONS
KIMATIC condiciones de venta.
1.- General Terms
Our Terms are the basis for all of our agreements and quotations. The terms are considered as fully accepted by the buyer as soon as we receive the order. Other terms and conditions set by the buyer are not binding for KIMATIC, S.L. unless it is clearly stated on a written contract, even if KIMATIC, S.L. does not reject them.
2.- Quotations and delivery times.
A. Our quotations and/or pricelists are related to the availability of the goods on sale and are valid for a maximum of three months.
B. The delivery times are always approximate. Delivery times start once KIMATIC, S.L. receives your written orders.
C. Our order confirmation is means the acceptance and sale of the goods.
D. Partial deliveries with several invoices are admitted.
E. No compensation for damages will be generated by any delay in the delivery of the goods, that are due to unexpected situations (ours or our provider´s).
3.- Drawings and specifications.
A. Drawings, pictures and specifications of weight and measures are approximate unless stated otherwise. B. We reserve the right to modify the building of any goods, if the modification is useful and not alter the essential building of the goods.
C. We reserve the property rights of any budget, drawing or any other document. Any transmission of these documents is prohibited even when their origin and property is named.
4.- Prices and payments.
A. All the prices we quote are ExWorks Durango and do not include freight, packaging, insurance, installation and taxes.
B. Our invoices are due (unless stated otherwise) 30 days after the date of the invoice. We reserve the right of asking for a payment in advance or any other kind of guarantee before delivering the goods or rendering services.
C. Invoices for maintenance or technical assistance services are due immediately after the service is rendered.
D. The payments will be due immediately if the customer files for bankruptcy, the company is sold or if a new owner is named.
E. In the case of delays in the payment, we reserve the right to charge penalty interests. These interests will be 3% above the discount rate of the Bank of Spain plus the VAT.
F. Bills of exchange will be accepted as a method of payment only if it has been agreed in advance and if the Bills of Exchange are discountable. The rate of discount will be charged from the date the invoices are due.
G. The payment via compensation of an existing debt will be accepted only if there is a previous written agreement.
5.- Shipping and transport insurance
KIMATIC, S.L. does not pay for the shipment of the goods purchased by the customer or the transport insurance. If the customer wants the goods delivered with a specific insurance, it has to be written in their order.
Unless otherwise stated by the customer in their written order, KIMATIC will choose the forwarder and shipping method of the goods.
6.- Property rights
A. KIMATIC will keep the property of the sold goods until the goods, accessories, expenses and taxes are fully paid for by the customer.
B. The customer is allowed to alienate the goods whose property rights are reserved, if they are immediately paid for. The customer is not allowed to carry out any other actions, especially to exchange the guaranty or pawn the goods.
C. The customer will immediately give Kimatic the rights created in that alienation of goods under property reserve. On the other hand, the customer is authorized to carry out the remaining cashings as long as the customer fulfills its obligations towards us and its wealth is not diminished. If Kimatic asks for it the customer will have to provide information regarding its ceded credits, ask for for cashing purposes, and it will have to inform the debtor of such cessions.
D. If a third party intervenes with the reserved goods, the buyer will point out our property and inform us immediately. The buyer will be liable for any expense or damage.
E. The customer will have to inform us in advance about any measures of forced execution upon the reserved goods or ceded credits and will have to give Kimatic the necessary information for an intervention.
7.- Risk transmission
The risk will be transmitted to the customer as soon as the goods leave Kimatic´s warehouse. The customer will assume the risk of every delivery, including a possible return of goods, even if they are delivered by Kimatic´s own means.
8.- Complaints and warranty
A. The supply of the goods according to the current model and quality in the moment of the delivery. They are realted to the materials and labor.
B. The buyer will have to check the goods in the moment. Any wrong or damaged goods can only be complained about can only be complained about in writing until up to 14 days after the reception.
C. The warranty period is up to 12 months due to faulty materials or production. Kimatic does not accept any liability for further complaints, especially for those of indirect damages.Kimatic will not accept liability for damages, material or monetary, to employees on the buyer company or to third parties for faulty materials or fabrication, carelessness at work, misuse or
other defects. Damages caused by the buyer are not included in the warranty.
D. Warranty does not cover any modifications done to the goods by third the buyer or third parties or the buyer not sending back the product when Kimatic demands this.
E. The buyer wil have to pay for freight and packaging of every delivery or return made under warranty.
F. The return of the claimed godds must be done in the original packing and in a proper state.
G. When the warranty claim is justified Kimatic will either fix the product free of charge or provide the buyer with a substitute product. Even in this case, the buyer will have to pay for freight and packing.
H. The original warranty period will not be modified or interrupted when the product is fixed.
I. If the buyer decides to have the product repaired by a third party (whatever the reasons), travel costs and expenses of our representatives will be invoiced to the buyer
9.-Compensation for rescission of contract
If an order is cancelled by the buyer, Kimatic will receive compensation by the buyer of 10% of the net value of the order. Kimatic, wil have right to claim further compensations.
10.-Compensation for Damages
The buyer cannot claim a compensation for damages (whatever the legal basis) unless it can be irrefutably proved that Kimatic behaved with premeditation or negligence
For goods not produced by Kimatic, the warranty will be limited to that given by the manufacturer.
A. Drawings, weights, performances, energy use, power, etc. are always targets and not binding for Kimatic.
B. Assemblies will have special stipulations.
C. Every stipulation is also applied in sales made in foreign countries, unless previously agreed upon in writing. If the buyer asks for it we can give a weight figure, which is not binding. Kimatic cannot guarantee that it can fulfill foreign regulations about packing and customs.
D. Every individual stipulation that could be ineffective does not nullify the overall validity of the General Terms and Conditions of Sale and Payment.
12.-Observance places and courts
Any litigation that the commercial relationship of Kimatic with its customers might cause the courts in Bizkaia will be the only competent ones.
Every commercial transaction will be regulated by Spanish Rules for Interindustrial Commerce
Calle Sasikoa, 30 / E. 48200 Durango (Bizkaia) / Spain
Tel.: (+34) 94-6201036
Fax: (+34) 94-6201832