General conditions of sale

GENERAL CONDITIONS OF SALE

 

  1. These general conditions of sale will be applicable to any commercial or supply agreement between the client and any company linked to the Strugal Group (hereinafter Strugal), understood as such to be one that is owned by the same parent company, as well as subsidiary to any other conditions agreed in writing between the contracting parties.
  2. The offers and budgets will not be binding for Strugal, containing estimated prices and measurements based on indicative criteria informed by the client, the sales contract being understood to be perfected only when the client confirms his order in writing.
  3. In international transactions, all additional expenses of any nature complementary to the sale (transport costs, exchange rate, customs, etc.) will be borne by the buyer.
  4. Delivery times are indicative and do not constitute any commitment for Strugal. Delivery will only be understood as formalized when the merchandise is deposited at the agreed destination.
  5. For the purposes of this contract, force majeure will be considered the existence of any contingency, circumstance or cause that is beyond the control of the party invoking it, including, but not limited to, the following circumstances: imposition or submission to a law, regulation, decree, order or request of any authority [national, state, regional, provincial or municipal], confiscation, riot, war, riots, fires, floods, earthquakes, storms, explosions, strikes, closures, stoppage of machinery or factory, impossibility of obtaining raw materials, equipment, transportation, leaving Strugal exonerated from compliance.
  6. When the transportation costs are at the expense and risk of the buyer, the merchandise during said movement will remain under his responsibility. li>
  7.  Once the order has been formalized and the delivery date of the material has been communicated to the customer, the buyer is obliged to accept the products under the agreed conditions, committing to unload at their facilities, providing the necessary means for this. If the client refuses to physically receive the material, it will be deemed accepted for all purposes and will remain in deposit at the Strugal facilities, who may invoice the total amount thereof along with the daily cost of the deposit, corresponding to 5% of the total amount of the material plus VAT.
  8. Strugal will retain ownership of the goods supplied until full payment of the price according to the agreed payment terms. During this period the merchandise will be considered delivered in warehouse and in the custody of the buyer. In the event that the merchandise must be removed due to failure to comply with said obligations, the loss of value suffered by the materials will be deducted from the payments already made by the buyer, without prejudice to the corresponding legal actions.
  9. Failure to comply with payment obligations will entitle Strugal to claim compensation from the debtor for all costs suffered without the need for formal communication, in accordance with the provisions of Article 8 of Law 3/2004 against late payment in commercial operations. , as well as late-payment interest at the corresponding legal rate, by virtue of the provisions of Article 7 of the same law. Non-payment of an invoice from the day it is due gives the right to claim the amounts owed and also to cancel or suspend pending orders without any formality and without prejudice to the corresponding legal actions.
  10.  At the time of delivery of the material, the buyer must verify its content, agreeing to immediately notify Strugal of any incident which, in turn, must be communicated in writing within eight calendar days from receipt. Strugal will not admit any claim by the buyer after the indicated period.
  11. Once the material has been served to the client, if he requests payment for all or part of it for reasons attributable to him, STRUGAL will be entitled to retain up to 15% of the cost as compensation for processing and transportation costs. amount of material paid.
  12. The buyer authorizes and agrees to the signing of delivery notes or any other documentation related to the sale and supply of materials through electronic devices and means, expressly declaring that with the signature through these means and by any person linked de facto or de jure with the seller, the obligation to deliver material by Strugal is considered fulfilled.
  13. In the event that the merchandise presents defects or vices, has not been manipulated and the communication procedure established in these general conditions is followed, they will be replaced or the amount will be paid, without the buyer having the right to claim compensation some.
  14. In case of non-compliance with the preceding conditions, the parties submit to the jurisdiction of the Courts of Seville, expressly waiving their own jurisdiction


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