Terms of Sale
This contract regulates the commercial relationship between the CLIENT and Aluplex S.L. (Hereinafter Aluplex) regarding the purchases of products and services that the CLIENT contracts with Aluplex and are an integral part of the sales contract, replacing and canceling any clause or agreement to the contrary that appears in the order or in another document of the client.
Article 2 – General Conditions of Sale
1. This Price List cancels and replaces all previous editions.
2. The data set forth in this Price Tariff, on measures, values and characteristics, are only informative, and may be modified if technical and / or commercial circumstances so advise.
3. Prices in force except typographical error or modification by Aluplex.
Article 3 – Orders
1. An order that has not been made with the sheets designed for this purpose, signed and communicated by fax or email, will not be considered valid. Request them to your commercial or Delegation.
2. Once the order is completed, it is considered firm, therefore cancellations will not be accepted.
3. All orders and possible modifications, the customer will communicate by fax or email to the offices of Aluplex. It will not be valid if it was made by telephone.
4. Orders placed by phone will be valid when the customer sends by fax or email the order confirmation duly signed and stamped.
Article 4 – Offers
All offers made by Aluplex concern the total amount of products on and for which they are made, with the CLIENT having the obligation to place the order on the total amount offered, unless Aluplex stipulates otherwise in the same offer . In the event that the CUSTOMER placed an order on an amount lower than the one offered, Aluplex reserves the right to revise the offer.
Article 5 – Price
1. The price offered does not include VAT, its repercussion will be charged in invoice.
2. In case of orders for a total net value of the material less than 25 euros (before taxes), Aluplex will apply a management fee to increase its value up to that amount.
3. The values indicated in the price list of Aluplex do not include shipping, insurance, installation or taxes.
Article 6 – Payment Conditions
1. The payment of the invoiced price must be made no later than 30 days from the date of issue of the invoice, unless other conditions are specified on the invoice itself. If the delivery of the products could not be made or delayed due to the CUSTOMER, the payment must be made within 30 days of the expected delivery date as if there had been no such impediment or delay.
2. The Promissory Notes must be sent within 25 days after the invoice date.
3. All payments must be made exclusively to Aluplex, within the deadlines and following the guidelines indicated on the invoice.
4. The customer is obliged to pay the invoice on time, otherwise Aluplex reserves the right to charge interest and collection costs as well as delay, banking, notarial protest and fees applicable to commercial operations and similar in application of articles 5 to 8 of Law 3/2004 of December 29, which establishes measures to combat late payment in commercial operations, without the need for communication or notice.
5. In the case of early termination of the contract for any reason, the CUSTOMER will be obliged to pay immediately all the work done and products supplied, as well as to pay the damages and losses that occur to Aluplex.
6. Due to renewal of effects or delay in the payment thereof, a surcharge of 0.75%
Article 7 – Delivery Term
1. The indicated delivery time is always provided for informative and approximate, does not represent any commitment on the part of Aluplex, can not be held responsible for any damage or injury caused by the breach of them, nor may require payment in respect of compensation or damages.
2. The supply of products can be made in several deliveries, unless the CLIENT specifies in his order a single delivery and has been accepted by Aluplex.
Article 8 – Transportation
1. The prices of the tariff, unless expressly mentioned, are understood as origin.
2. The minimum to invoice will be 50 euros per expedition. When the value of the merchandise is lower, the amount of 9 euros will be invoiced as shipping costs.
3. The goods travel at the buyer’s expense and risk, not being covered by insurance policy, unless expressly requested by the customer and at their expense.
4. Any delay in the transportation of the merchandise, loss of one or several packages, can not cause postponement or cancellation of payments.
Article 9 – Collection of the Merchandise
1. If, at the time of delivery, obvious damage is detected on the packaging or on the product itself, the CUSTOMER must indicate it on the delivery document signed by the carrier, otherwise no claims will be accepted. said concept.
2. At the time of receipt of the goods the customer must check the number of packages and all possible defects, making the corresponding notation in the delivery document that signs the carrier or agency, indicating the type of defect. In addition, the CLIENT must communicate the error to his Delegation in writing within a maximum period of 24 hours.
3. In case of hidden defects, the customer has fifteen days, counting from the date of delivery of the merchandise. The CLIENT must communicate in writing to Aluplex clearly the defects found, either by letter with acknowledgment of receipt, by fax keeping the report or by email keeping the reading confirmation.
4. The customer undertakes to pick up the goods as soon as he receives the notice of availability. Should it be delayed, Aluplex will be entitled (in addition to receiving the full price payment) to request the reimbursement of the storage and custody expenses of the merchandise, without prejudice to the possible compensation for damages.
5. Aluplex is not liable for direct or indirect damages that may arise from the deposit of merchandise not removed or withdrawn late, both from the Aluplex warehouses, and those of the transport company or others.
6. In the event that the delivery or delivery is delayed by the CUSTOMER for a period of more than one month, from the date on which the material was available, the CUSTOMER may be billed the storage costs until its actual delivery.
Article 10 – Return of Products
1. In no case will returns of merchandise be accepted for reasons not attributable to Aluplex as an error in communicating the measures or for loss of sale by the customer.
2. Only the return of standard product is accepted (It is understood by standard product, that whose article number appears in the catalog and it is enough to define the product without adding more specifications, it is discarded custom-made or configurable elements)
3. Due to the management costs, only refunds will be accepted when the net amount of all the material to be returned is greater than 50 euros.
4. Returns are only accepted within thirty days of receipt of the product, understanding as such the date of the delivery note issued by Aluplex.
5. When the return is requested, the Aluplex order number and / or delivery note number and / or invoice number in which the product was purchased must be indicated.
6. No returns of merchandise are allowed without the prior written authorization of Aluplex and in no case will it be accepted if the supplied materials are in accordance with the order placed by the customer.
7. The goods sent for review or the material returned to the Aluplex facilities will always be at the customer’s expense.
8. Once the collection of a material is authorized, Aluplex can revoke this authorization if it is badly packed, damaged or used, and must pay for the merchandise in its entirety.
9. Refunds of manipulated material will not be accepted.
10. The collection of the goods for review in our facilities does not imply the acceptance of the claim or its payment.
11. Once the return has been accepted, the payment will correspond to the value of the merchandise, less a discount between 25% and 85% of the value depending on the expenses incurred in the process and its possible reuse.
12. Provided all the acceptance criteria are met, Aluplex will send the CUSTOMER a document that will include the products and amounts to be returned and the general conditions.
Article 11 – Product
1. Aluplex does not guarantee the product with measures or tissues not advisable according to the present tariff./p>
2. Aluplex may reject any order that may cause operational problems due to technical reasons.
3. Aluplex in case of manufacturing defects or by mistake, will be responsible exclusively for the replacement and / or repair of the product. In no case shall he be liable for loss of profits or other consequential damages.
4. Aluplex reserves the right to make any technical changes to the product, without prior notice.
5. When the products are manufactured by Aluplex according to the design and / or specifications of the CLIENT, Aluplex will not guarantee that such products are suitable for the use projected by the CLIENT.
Article 12 – Reparations
1. Repairs, modifications or finishes must always be made by Aluplex and in no case may the customer make charges for those assumed or entrusted to third parties.
2. The minimum amount to be invoiced for this concept will be 50 euros / net unit.
Article 13 – Ownership and Risk
1. Aluplex reserves the ownership of all the materials it has sold until its full payment, transmitting to the client the responsibility of being the depositary of the same.
2. If the client, before the total payment of the materials, transfers them to a third party without the express written consent of Aluplex, the latter will not recognize the third party as legitimate owner, with Aluplex reserving the property, preference over those materials and , consequently, the right to proceed with their recovery wherever they may be. Therefore the customer is obliged to communicate the name of the third parties who have purchased the products and to whom Aluplex will have the right to claim their rights.
Article 14 – Safety and Hygiene at Work
It is the responsibility of the CLIENT, who must ensure that the products are installed correctly and safely, according to the instructions previously provided by Aluplex and following the guidelines of good commercial practice, without risk to the health or safety of the products. people. Aluplex is not responsible for the breach by the CLIENT of this clause.
Article 15 – Industrial and Intellectual Property
1. Aluplex has reserved all copyrights, patents, trademarks and the right of legal protection of the designs registered in its drawings, circuits, software, documents and equipment.
2. The drawings, specifications, documents, etc., added to offers and delivered to the CLIENT are exclusively for your personal use. They can not be copied totally or partially and can not be made available to third parties without the express written consent of Aluplex.
3. Any software program supplied by Aluplex is not part of the sale, but the customer receives a license for use. If the software has been supplied included with other products, then it can only be used in conjunction with such products.
4. In the event that the CLIENT is required or sued by a third party for infringement of industrial and / or intellectual property, whatever the cause may be, for any of the products supplied by Aluplex, the CLIENT will immediately notify Aluplex of this fact. that he can exercise his right to defense by abstaining from the CLIENT to agree to any transaction without his prior consent.
Article 16 – Data Protection and Confidentiality
For the purposes of the provisions of the Organic Law 15/1999 on the Protection of Personal Data and Law 34/2002 of July 11 on the service of the information society and electronic commerce, we inform the client that his / her personal data to be incorporated into the CLIENTS file for which Aluplex is responsible, in order to comply with the relationship derived from this document. However, we remind you that you have your rights of access, rectification, cancellation and opposition to the processing of your data that may be exercised in our home Carretera N-III, km 312, 46370 Chiva, Valencia or to our email address email@example.com
Article 17 – Resolutory clause
In the event of non-payment, the sale may be canceled by operation of law at any time, by means of a simple written communication sent by Aluplex to the client indicating that it resorts to this clause and without the need for any judicial formality. Goods delivered and not paid must be returned to Aluplex at the customer’s expense. To this end, Aluplex and its authorized carriers shall be authorized to rescind and collect unpaid merchandise from customers’ premises.
Article 18 – Competent Courts
1. This contract, both for its application and its interpretation will be regulated by the laws of Spanish Law. The language will be Spanish.
2. The parties agree to resolve amicably any difference that may arise in this Contract. If an amicable solution is not possible, and legal litigation is appropriate, both parties agree, expressly waiving any other jurisdiction that may correspond to them, to submit to the jurisdiction and competence of the Courts of the city of Elda.