1.0 Merchandise offer
- 1.1 • Every product included in the current catalogue are according to the current rules as regards verification and quality required by the National and European Regulations, within Fricosmos business context.
- 1.2 • All the range of products that Fricosmos, S.A. has indexed in the current catalogue are within the limits of application of the current General Conditions of Sale.
- 1.3 • The purchaser will realize the orders in the terms and conditions expressly published by Fricosmos, S.A. in the merchandise catalogue.
- 1.4 • Fricosmos, S.A. reserves the right to modify the articles included in the catalogue according to the manufacturing needs or to the existence in the market of the necessary raw material.
2.0 quotations and orders
- 2.1 • Orders will be effected verbally or in writing, favouring always the possibility of purchasing through the commercial service of Fricosmos, S.A.
- 2.2 • Once verified the registration of the customer by Fricosmos, S.A., the corresponding letter of conditions will be issued, detailing the commercial conditions that will rule in the future for both parties.
- 2.3 • The order will be subject to the definite acceptance of Fricosmos, S.A.
- 2.4 • The validity period for any quotation will be of 30 days from its issue date.
- 2.5 • In case that an product requires a special dimension or characteristics by the customer expressed request, he will be obliged to guarantee in advance a 50% of the total amount.
- 2.6 • The lack of payment by party of the purchaser will entitle Fricosmos, S.A. to dissolve the contract in the terms expressly established in the article 1124 of the Spanish Código Civil.
3.0 delivery time
- 3.1 • Since the goods included in the current catalogue are subject to a manufacturing process, the delivery time provided by Fricosmos, S.A. will be for guidance only .
- 3.2 • Fricosmos, S.A. will inform reliably to the purchaser about the manufacturng procgress of his order in the assembly line in order to avoid delaying a possible harm to the customer.
- 3.3 • The punctual delivery delay will not cause any penalty or compensation, nor entitle the purchaser to cancel the order, as long as is due the manufacturing process.
4.0 merchandise transport
- 4.1 • The merchandise will ever be shipped ex works except agreement subscribed expressly with every customer, which will be duly reflected in the letter of conditions issued for this purpose.
- 4.2 • In case that the carriage of the merchandise is paid following the customer instructions or because is so stipulated in the letter of conditions, Fricosmos, S.A. will be exonerated of any possible defect or fault that could be attributed to the transport of the merchandise.
- 4.3 • In case that the carriage of the merchandise is paid by Fricosmos, S.A., the customer must notify Fricosmos, S.A. in writing and within 24 hours after the reception of the merchandise any defect or fault attributed to the transport agency in order to make easier the responsibility claim in accordance to the regulation 16/1987 of the Spanish Ordenación de los Transportes Terrestres and the RD 1111/1990 by which the regulation of the LOTT is approved.
- 4.4 • No merchandise returns will be admitted if the defect or fault is attributed to transport agency except in case that the customer complies the following requirement: That he notifies the incidence to Fricosmos, S.A. and/or to the transport agency within 24 hours after the reception of the merchandise or within the period legally determined at the time of the shipment by the Spanish Ley de Ordenación de Transportes Terrestres.
- 4.5 • The claim against the transport agency for defect or fault must be done at the reception of the goods whenever are apparent damages and within 24 hours after their reception if they are non-apparent. The claim must be done in writing.
- 4.6 • We do not carry out partial deliveries for any orders placed online through our website www.fricosmos.com.
5.0 delivery of the merchandise
- 5.1 • The contract relationship will be completed whenever Fricosmos, S.A. delivers the merchandise through the way of carriage stipulated in the letter of conditions and the vendor signs the reception note or delivery note prior inspection.
- 5.2 • If the purchaser rejects the reception of the sold goods without a just cause, Fricosmos, S.A. will be entitled to demand the expiration or cancellation of the contract, and the expenses will be charged on the account of the party that would have originated it.
6.0 prices and way of payment
- 6.1 • The prices of the product offered by Fricosmos, S.A. within the limits of its business activity are the included in the current price-list.
- 6.2 • The prices included in the catalogue does not include direct or indirect taxes, nor rates or duties.
- 6.3 • The price-list applicable every year of validity of the published catalogue will be duly notified to Fricosmos, S.A. customers by any means legally authorized.
- 6.4 • Fricosmos, S.A. will reflect the price of every merchandise sold in the offer quoted to the customer and in the invoice listing the sold products in accordance with the valid price-list.
- 6.5 • Fricosmos and the customer-purchaser will establish the means of payment for the acquired merchandises in the letter of conditions, and in default, the price will be fully charged once the merchandise at the purchaser disposition.
- 6.6 • Fricosmos, S.A. reserves the right to rectify the mistakes or material errors which could present the current general conditions of sale.
7.0 arrears of payment
- 7.1 • All arrear in payment over the stipulated period will generate the legal currency interest increased in 2 points per month in concept of conventional penalty.
- 7.2 • All expenses originated in the failure of payment of accounts, bills of exchange, bonds, cheques, as much judicial as out-of-law, including expenses for bank, notary, lawyer, solicitor etc. will be charged to the purchaser party.
8.0 warranty of the products manufactured by Fricosmos, S.A.
- 8.1 • All products included in our catalogue are guaranteed for TWO YEARS from the delivery date on.
- 8.1.1 • The products manufactured by Fricosmos, S.A. that could have suffered any manufacture defect will be repaired or substituted by another of the same characteristics whenever the customer carries out all the requirements clearly detailed below:
1|The customer must advise in writing Fricosmos, S.A. of the existence of a possible defect.
2|The piece to be substituted must be shipped to our firms headquarters for its corresponding inspection.
3|The customer must pay the outward and the backward of the piece that must be repaired or returned.
4|The customer possesses for any product acquired a guarantee effective within Fricosmos, S.A. commercial installations, never assumed outside them.
- 8.1.2 • Fricosmos Technical Service takes on the responsibility of inspecting the piece or merchandise received from the customer to corroborate the existence of a possible defect of manufacture.
- 8.1.3 • If the final report of the Technical Service of Fricosmos, S.A. determines the existence of a defect of manufacture, Fricosmos, S.A. will be obliged to substitute or repair the merchandise acquired by the customer, and it will be resent to the delivery note original address without any additional cost, except the transport.
- 8.1.4 • Pieces or materials will ever be substituted by another of the same characteristics or quality.
- 8.1.5 • The change or substitution of the defect parts do not include neither installing or labour which must be done by a third party.
- 8.1.6 • The customer has full right to receive technical information about the report issued by the manufacturer.
- 8.1.7 • All the consumable products such as fluorescent tubes, bulbs, ozone lamps, etc. are excluded from this warranty.
- Any possible claims concerning the condition or the quantity of the merchandise, must be carried out in writing (via fax, e-mail or mail) within the next eight days after its reception, except those referring to damaged material which will follow the procedure indicated in 4.3 and 4.4. The mentioned claiming must be accompanied by the order details, number of the delivery note and invoice number.
10.0 returns of merchandise
- 10.1 • No return will be accepted without previous consent expressed by Fricosmos, S.A.
- 10.2 • Fricosmos, S.A. will not accept under any circumstance the return of used, tested, without protective plastic or custom-made material.
- 10.3 • The purchaser will take care of all costs of shipping, handling, packaging and insurance to return the goods and will be responsible for claiming any damage or loss that may result from this circumstance.
- 10.4 • Fricosmos reserves the right to refuse de admission of the returned goods until their inspection for quality and quantity in our facilities in Móstoles.
- 10.5 • Once the goods has been accepted as returned properly the total amount to be credited will be deduced from the next purchase.
11.0 reserve of property
- 11.1 • The vendor reserves the right of ownership of the purchased goods until the full amount that is owed by the purchaser is paid.
- 11.2 • The vendor reserves the right to terminate the contract if the purchaser does not comply with all of the General Conditions of Sale mentioned. By virtue of this, Fricosmos, S.A. is entitled to demand the payment, warranties or compensation for damages suitable to their interests.
12.0 applicable legislation
- 12.1 • The insertion of the current Sales conditions is in accordance with the Spanish Código Civil and the Código de Comercio, as well as with the regulations 7/1998 from 13th April on the Spanish Condiciones Generales de Contratación and 16/1987 from 30th July on the Ordenación de los Transportes Terrestres.
- 13.1 • The contract of sale is always understood to be executed in Spain and is governed by the legal norms of Spain in all aspects non covered by the current General Conditions of Sale.
- 13.2 • Any divergence arising as a consequence of an established contract of sale must be resolved by the Courts and Tribunals of Móstoles (Madrid), to whose jurisdiction both the purchaser and the vendor are expressly subjected, and renouncing expressly to any other which might correspond to them.
- 13.3 It is expressly agreed that all unpaid accounts or installment payments due will be reclaimed, as well as the executive action arising from them, before the Courts and Tribunals of Móstoles (Madrid) España, even if the address of the acceptor is elsewhere or the place of payments indicated in correspondence is elsewhere.