These general conditions of sale apply to orders made to Dimways Supplies S, L, (hereinafter the “Seller”) within the territory of the EU.

1. GENERAL

1.1. All products supplied by the Seller to the buyer, physical or legal entity, will agree to the following general conditions of sale, expressly excluding any other conditions presented by the buyer in their orders, requests for offers or any other related document.

1.2. The Buyer accepts each one of the clauses of these Conditions, except for those that are modified in agreement and in writing with the Seller.

1.3. Our estimates are valid for 30 days unless otherwise stated in the estimate itself.

1.4. The Seller’s estimates accepted by the Buyer (signed and stamped) or the Buyer’s orders received by the Seller may not be cancelled by the Buyer, except by mutual agreement in writing.

1.5. The technical data included, or attached (e.g. plans, datasheets, catalogues, etc.), in our estimates are approximate. All technical information is the property of the Seller, it’s reproduction, copying, or transfer to third parties being prohibited, without the latter’s written permission.

1.6. Any obligation of the Seller derived from the commercial relationship, even those agreed against, or additionally, these Conditions, will be considered prescribed 12 months after delivery if the buyer has not exercised their rights within that period.

2. PRICES

2.1. The prices of the products offered are net and correspond to material located in our warehouse in San Sebastián, not including shipping, packaging or insurance. The prices indicated in the estimates will be valid during the validity period of the estimate itself.

2.2. These prices may be modified by the Seller if there are changes in costs or exchange rates. The prices may be indexed with the parity of the Euro concerning the purchase currencies of the related products, by default the USD.

2.3. When there is no prior offer, the prices on the invoice will correspond to those in force at the time of issue.

2.4. All types of taxes, fees, excise duties and charges that may be required as a consequence of the transfer of ownership, possession of the merchandise, the purchase and sale of the merchandise itself, will be at the Buyer’s expense and responsibility.

3. DELIVERY

3.1. With the notice of availability by the Seller, the delivery to the Buyer shall be deemed to have been made. Once the delivery has been made, either in whole or in part, the title to the goods delivered, as well as the risks of loss or deterioration of the merchandise, pass to the Buyer. Unless expressly accepted by the Seller, early deliveries may be made at the agreed time, as well as partial deliveries. The notice of availability, or the partial delivery made, implies the acceptance by the Buyer of the corresponding invoice.

3.2. The agreed delivery period will begin to run from the receipt by the Seller of the written order or the acceptance of the budget signed and stamped by the Buyer and implies the acceptance of all technical and commercial information. If a payment has been established with the order, it will not start to count until it has been made.

3.3. The delivery period will be extended, without liability for the Seller, for a period equal to the time lost due to causes derived from force majeure or unforeseeable circumstances, understood as all unforeseeable or even foreseen events that were unavoidable, as well as due to causes beyond the control of reasonable control of the Seller, such as delays or rejections of components, materials or official documents, or inability to obtain labour or means of transport. This extension of the term will take place even after there have been delays, in the same order, for other reasons.

3.4 The Seller has the right to delay deliveries or extend the established term if the advance payments or intermediate payments agreed with the Buyer have not occurred on the agreed date, as well as due to the variation in the characteristics of the product required by the Buyer afterwards. having placed the order.

3.5. If the supply cannot be carried out, totally or partially, for reasons such as those reflected in 3.3, the Seller may place such supply in deposit or consignment after 15 days have elapsed from the notice of availability. In this case, the obligations of the Seller will be understood to have been fulfilled, and the property and risks indicated in 3.1 will pass to the Buyer. Likewise, the Buyer will be liable for the expenses incurred by the aforementioned deposit.

3.6. If a penalty for late delivery has been accepted in writing by the Seller, it cannot be claimed by the Buyer if he cannot reliably demonstrate that he has suffered actual damage.

4. PAYMENT. TITLE RESERVATION

4.1. The agreed payments will be made for the stipulated price and on the dates agreed in writing. If the total price of the supply is not made at the time of delivery, the sale will be understood to be made with a domain agreement, said reservation lasting until there is no pending payment. The Buyer undertakes, at the request of the Seller, to acknowledge this reservation in Public Deed and to inscribe it in the corresponding Registry.

4.2. The payment conditions of the products sent will be those specifically indicated in the related documents and will be applicable for one year, after which they may be extended or modified. In no case will a credit sale be accepted for less than 500 euros of delivery.

4.3. Delay or postponement in payment, in whole or in part, will accrue, without the need for prior request, an annual default interest equal to the legal interest, plus three (3) percentage points, from the day following the expiration of the payment term. , unless the payment is direct debit, in which case, interest will accrue from the seventh calendar day.

4.4. In the event of unpaid items, the customer will bear all the return costs, including the costs of delay and collection management, where appropriate. The Selling party will not be responsible for the return costs of the money orders that are not domiciled. The postponement of expirations due to the vacation period will not be accepted.

5. PACKAGING, TRANSPORTATION AND INSURANCE

5.1. Special packaging (other than standard), transportation and insurance are not included in the Seller’s sales prices unless otherwise indicated in the estimate, or the corresponding order acceptance.

5.2. Transportation and insurance are at the Buyer’s expense, although at the latter’s express request, the Seller may mediate in hiring them, the Buyer is considered as a loader and responsible for the merchandise for all purposes.

6. GUARANTEES

6.1. The guarantee of the Seller’s products, against any defect attributable to materials or manufacturing, is 1 year from the moment of delivery, provided that such defect is immediately notified and adequately demonstrated. The Seller is not responsible for repairs or modifications to the product carried out by the Buyer or by a third party designated by the Buyer unless authorized in writing by the Seller. The warranty assumes that the products have been properly maintained, used and installed, not applying to perishable components.

6.2. The Seller, therefore, undertakes to repair or replace the products or parts deemed to be defective, the replacement being the property of the Seller. The costs of transport, travel, installation, configuration, start-up, or the provision of any other type of service are not covered by the guarantee.

6.3. The action to make the guarantee effective prescribes 2 months after the discovery of the defect, always within the aforementioned period.

6.4. Over these conditions, those contained in the standard product or service guarantee document will prevail, which in turn may be modified in their terms or clauses in a particular and explicit way, in the commercial conditions of the order or on the invoice itself.

7. TECHNICAL DOCUMENTATION

7.1. Any technical document (manuals, plans, diagrams, datasheets, etc.) or commercial (brochures, catalogues, estimates and their conditions, etc.) of the Seller must be treated by the Buyer privately, and cannot be reproduced or copied. , nor communicated to third parties, without the explicit written consent of the Seller.

8. LIMITATION OF LIABILITY

8.1. The responsibility of the Seller, including his subcontractors, for any contractual or extra-contractual claim derived from this contract, will be limited to the price of the product, service or component that gave rise to the claim.

9. JURISDICTION – LITIGATION

9.1. The intervening parties agree, waiving any other jurisdiction or jurisdiction that may correspond to them, that any litigation, discrepancy, question or claim resulting from the execution or interpretation of this contract, or related to it, directly or indirectly, will be resolved according to the opinions of the courts and tribunals with jurisdiction in the city of San Sebastián.

10. VALIDITY

10.1. These General Conditions of Sale will apply to those points for which there is no express agreement, in writing, to the contrary. When the Buyer’s Conditions are in contradiction with these General Conditions of Sale, the latter shall prevail.