General Sales Conditions

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, nor to delay, with respect to the agreed terms of payments, the payment of goods already invoiced.

Herederos de Manuel Gascón S.L. has the right to suspend the delivery of 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 and if no instruction is provided by him, with the means considered most appropriated by Herederos de Manuel Gascón S.L.

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

WARRANTY:

The goods sold are 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.

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.

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 8 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.

PRICES:

Price list is intended Ex-works and 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 the invoices.

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 and claim compensation for the damages incurred.

.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 fax or 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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