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General Sales Conditions

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General Sales Conditions

PRODUCT MODIFICATIONS:

Without affecting the use and original functions, Herederos de Manuel Gascón S.L. has the right to make changes that are deemed necessary for the best operation of the parts and equipment to be supplied.

DELIVERY OF GOODS:

Delivery dates are approximate. No delay or partial delivery execution will give the Purchaser the right to resolve the contract, to refuse to accept delivery or to claim any compensation for direct or indirect damages.

The Purchaser has not the right to delay the payment of the goods already delivered (information about available product ready for picking), with regard terms agreed with the occasion of sale/purchase contract approved by both parties through Pro-forma Invoice.

Herederos de Manuel Gascón S.L. has the right to suspend the shipping of the goods at any time when receiving information that the Purchaser is in a financial position that would create any doubts about his solvency.

Herederos de Manuel Gascón S.L. has the same right if the Purchaser has delayed the payment also for previous supplies: in any case the Purchaser cannot claim any compensation for damages.

SHIPMENT:

Shipment is always carried out for, at the expenses and risk of the Purchaser in conditions of Ex-works Factory Huesca, also in case of shipment to destination, because of convenience of shipping rates offered by the Seller.

If no instruction is provided by the Purchaser, Herederos de Manuel Gascón S.L reserves the right to ship the goods using the means he consider the most appropriated.

Unless otherwise agreed in writing by both parties, the Purchaser will be responsible for packing, insurance and stock expenses.

WARRANTY:

The Product is carefully manufactured, certified and homologated in the country of origin. The Product is covered by a general warranty that ensure the good quality of the materials employed, solid construction and regular operation for 24 months starting from invoice date.

During the warranty period, Herederos de Manuel Gascón S.L. pledges to replace, free of charge, the parts which, according to his unquestionable judgement, are considered defective, provided that the flaws and defects cannot be attributed to poor maintenance of the Product or an inappropriate use of such Product with respect to literature supplied (i.e. lack of lubrication, negligence, improper installation or improper use).

The warranty excludes the Products which have been modified, repaired, tempered with by the Purchaser or for is account and that do not meet Manufacturer technical support and approval. Because it might suppose civil and legal responsibility the Purchaser is compelled to sign a declaration which frees the Manufacturer of any responsibility.

The replacement will be made free Herederos de Manuel Gascón’s S.L. works and the Purchaser will be responsible for the costs of labour, shipment and return expenses.

Those components whose manufacturer is not Herederos Gascón de Manuel SL, such as tyres, bearings, discs etc. are covered by the same warranty of their manufacturer. In any case, defective parts will be replaced for free and the Purchaser will be responsible for their costs of labour, shipment and return expenses.

If not previously agreed, warranty service does not cover those items the Purchaser gave the Manufacturer, nor covers the assembly or engineering needed in order to adapt to the Product.

Repairs are subjected to 6 months warranty coverage from the date of delivery and invoicing. Include pieces and components used for repair. Exclude manipulated or modified Product.

The warranty will no longer be extended to the Purchaser when he does not respect the agreed terms of payments.

The Purchaser shall inspect the goods immediately on the arrival and shall within 7 days from such arrival give notice in writing both to Herederos de Manuel Gascón S.L. and the carrier of any matter, loss or damage he alleges that the goods are not in accordance with the contract.

No liability will be accepted upon failure to do so. Infact, the Manufacturer declines any responsibility before any accident could be caused because The Buyer did not respect period and modalities of claim as established.

PRICES:

Price list is deemed to exclude V.A.T. and the Purchaser shall pay any such tax as an addition to payment due with the invoice.

Unless otherwise agreed Herederos de Manuel Gascón S.L. applies the price list in effect at the time of delivery and invoicing.

Prices quoted are subjected to variation at any time depending on the cost of raw material and labour.

Prices are always intended for manufactured in series standard machines. Any modification required, any accessory or any option must be added up to the base price.

PAYMENT:

Payments are due according to the forms and terms set out to official documents: Proforma Invoices and Invoces.

Herederos de Manuel Gascón S.L. is intended the owner of the goods until the full payment of invoices.

The total or partial default in payment of overdue invoices or in any case the partial non-compliance in payments will be considered sufficient cause to suspend performances of all or any of its obligations in progress, claim compensation for the damages incurred, claim the return of the Product.

PURCHASE ORDERS:

Herederos de Manuel Gascón S.L. is not responsible against any error or misunderstanding occurred during manufacturing process due to purchase orders placed by telephone. It is compelled to transmit purchase orders in writing: by E-mail.

The placement of any purchase order means the acceptance of the rules described in this document "GENERAL SALES CONDITIONS".

LIABILITY:

Herederos de Manuel Gascón S.L. warrants that at the time of manufacture the goods did not infringe any trademark or patent in the country of manufacture provided always that this warranty shall not extend to goods manufactured according to the Purchaser’s design or drawings.

Herederos de Manuel Gascón S.L. does not warrant that the importation or use of the goods in any other country is free of infringement of any patents or trademarks. In any case the Purchaser is intended to indemnify Herederos de Manuel Gascón S.L. against any legal actions, claims or demanded arising by virtue of such manufacture or importation or use of goods in any such country.

COMPETENT COURT:

These sales conditions are subject to Spanish law.

For any dispute in Spain or abroad, the Court of Huesca will have legal jurisdiction.

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