GENERAL CONDITIONS OF PROVISION OF SERVICES, SALES AND SUPPLIES OF DAHLBERG, SA
1.- Object, scope of application and subjection to jurisdiction:
1.1. DAHLBERG, SA, is dedicated to the supply and installation of nautical electronics equipment, marine sanitation, inspection-sale of Duarry liferafts and official technical service of the represented firms.
1.2. The purpose of these general conditions is to regulate the provision of services, sales and supplies carried out by DAHLBERG, SA in favor of its Clients.
1.3. Any commercial conditions of the buyer will only apply upon written confirmation by DAHLBERG, SA
1.4. Expressly waiving any jurisdictional jurisdiction that may apply to them, the parties submit to the Courts and Tribunals of Palma de Mallorca for the resolution of any contentious issues that affect the interpretation, application and fulfillment of the contracts for the provision of services, sales and supplies. concluded between DAHLBERG, SA and its clients and these general conditions.
2.- Offers and orders.
2.1. Offers from DAHLBERG, SA are understood without obligation and are subject to confirmation.
2.2. Any acceptances and orders, whether related to the provision of services, sales or supplies, to be legally binding, require written confirmation by DAHLBERG, SA and the Client. The same requirement will be required for the validity of any addition, alteration or additional agreement. In the case of immediate deliveries, the invoice may replace the aforementioned written confirmation.
23. The services provided by DAHLBERG, SA to its Clients will be established in the work reports that will be formalized for this purpose by the DAHLBERG, SA operators, a copy of which will be delivered to the Client.
2.4. DAHLBERG, SA operators are not authorized to formalize verbal agreements or guarantees that exceed the terms of these general conditions.
2.5. If the Client, when placing the corresponding order, exceeds the credit limit granted, DAHLBERG, SA will not be obliged to provide them with the task requested.
2.6. When placing the order, the Client undertakes to provide a deposit. DAHLBERG, SA will only return the deposit when, for market or other similar reasons, the price specified in the order must be increased and the Client does not agree with said increase, terminating the Contract at that time. Likewise, DAHLBERG, SA will return the payment and deposit delivered when delivery or execution of the order is not possible for reasons attributable exclusively to DAHLBERG, SA.
3.- Prices.
Unless expressly agreed otherwise, the prices offered by DAHLBERG, SA do not include the following concepts: packaging, transportation, transportation insurance, VAT, and other applicable taxes, or interest for deferred payment.
4.- Delivery times.
4.1. Delivery times and dates will not be binding, unless otherwise agreed in writing. The delivery dates provided by DAHLBERG, SA are conditional on the correct and punctual receipt on the scheduled date by DAHLBERG, SA of the goods from suppliers and manufacturers.
4.2. DAHLBERG, SA will not be liable for delays in delivery caused by cases of force majeure or unforeseeable events not attributable to DAHLBERG, SA. Cases of force majeure or unforeseeable events constitute, among others, the following: war, similar situations, official measures, the non-issuance of transit, import or export licenses, national measures to limit trade, strikes, lockouts, bankruptcy situations and all types of breakdowns and interruptions in transportation, whether they affect DAHLBERG, SA, or its suppliers or to its subcontractors. In these cases, the delivery date will be postponed for a period equal to the interruption period plus a reasonable period that allows DAHLBERG, SA to restart its activity.
4.3. DAHLBERG, SA may make partial deliveries of goods and/or services. Each delivery, even partial, will represent an independent transaction.
5.- Default in the receipt of the merchandise by the Client.
5.1. If the Client delays in taking charge of the merchandise requested from DAHLBERG, SA, it may store it at the Client's expense and risk, and may contract the services of a carrier and/or warehouseman for this purpose. It will be considered that the Client is late in taking charge of the merchandise when, after a week has elapsed since the merchandise has been made available to the Client, and having been notified, the latter has not proceeded to withdraw it.
5.2. If, due to the delay attributable to the Client in taking charge of the merchandise, DAHLBERG, SA chooses to terminate the contract, it may claim from the Client, as damages and after accreditation thereof, 25% of the purchase price. the agreed sale, or a higher amount if the amount of damages exceeds that percentage.
6.- Risk Transfer.
The risk will be transferred to the Client from the moment the goods are at his disposal.
7.- Guarantee.
7.1. DAHLBERG, SA guarantees the services provided, the goods sold and their supplies against any defect in assembly, manufacturing and/or material. The warranty period, in accordance with the following conditions, is six months for the services provided and for the rest of the goods the period of time that the DAHLBERG, SA supply supplier provides, always in accordance with the provisions of the regulations. current.
7.2. In any case, and in terms of guarantees, the provisions of current regulations will be understood to apply.
7.3. The guarantee period will begin to run from the moment the risk is transferred. The warranty will be void in those cases in which the defects are due to any of the following causes: non-compliance with the instructions for use and service, alterations to the product and/or use of spare parts that do not meet the specifications of the original spare parts. Small variations in color, measurements and/or other quality or performance characteristics are not subject to warranty.
7.4. DAHLBERG, SA is not responsible for the normal wear and tear of certain parts and components.
7.5. The right to claim the corresponding benefits derived from the guarantee corresponds exclusively, personally and non-transferable, to the Customer who directly purchases the merchandise.
7.6. This warranty excludes any other warranty claim, unless there is gross fault or negligence on the part of DAHLBERG, SA
7.7. Products sold by DAHLBERG, SA must be installed by authorized personnel of DAHLBERG, SA or, failing that, by an authorized distributor. Otherwise, DAHLBERG, SA will not be responsible for installations that have not been carried out.
8.- Domain reservation.
8.1. Ownership of the merchandise will not be considered transferred until the Customer has fully complied with the payment obligation, and in the meantime ownership of the merchandise is expressly reserved in favor of DAHLBERG, SA, with the Customer having to adequately insure the products in benefit of DAHLBERG, SA against the risk of loss or damage as long as it does not acquire ownership thereof.
8.2. The Client may transfer and, where appropriate, transform the merchandise subject to retention of title, as long as it is not in default in complying with its payment obligations. Under no circumstances may the aforementioned merchandise be pledged or given as collateral.
8.3. In the event of transformation or union of the goods subject to retention of title, DAHLBERG, SA will acquire ownership in proportion to the part that corresponds to it based on the value of the things transformed or united.
8.4. By virtue of these general conditions, the Client assigns in favor of DAHLBERG, SA any credit rights held for the resale of the merchandise subject to the retention of title clause. However, the Client may collect said assigned credits in its name and on its own account. This power will be revoked in the event that the Client is in default. If the goods have been transformed or mixed, the transfer will be limited to the value of the goods subject to retention of title.
8.5. The Client undertakes to notify DAHLBERG, SA, without delay, of any seizure made by a third party of the merchandise subject to retention of title.
8.6. If the Client defaults or, in any other way, fails to comply with any of these clauses, DAHLBERG, SA will be authorized to immediately recover all products sold by it to the Client, given that ownership will not have been transferred to the Client and The latter hereby authorizes DAHLBERG, SA and its employees to recover the products. The claim or recovery by DAHLBERG, SA does not discharge the Customer's responsibility to pay the full price and accept delivery of the Products or the right of DAHLBERG, SA to claim the full price.
9.- Payment conditions.
9.1. Invoices will be paid in cash, either in cash or by bank transfer if the client does not have any open line of credit. Likewise, the parties may establish different credit conditions, provided that the Client's financial reports allow it. Unless expressly agreed otherwise, the delivery of the merchandise will be carried out exclusively with postage due, that is, at the expense of the Client, by means of its own or independent transport. DAHLBERG, SA may apply any amount received from the Client to any previous overdue and unpaid invoice. In such cases, the amounts received will be used, firstly, to cover the costs and expenses incurred, if any, secondly, to cover the principal debt and, thirdly, to cover late payment interest; If DAHLBERG, SA makes use of this power, it will promptly inform the Client.
9.2. Amounts overdue and not paid by the Client will accrue, from the due date, the corresponding late payment interest equivalent to the interest on the money increased by two points.
9.3. If the buyer is in default, fails to comply with any of the obligations arising from these general conditions or a judicial declaration of bankruptcy has been requested against him, either personally or at the request of third parties, all his obligations with DAHLBERG will be considered expired. , SA In such cases, DAHLBERG, SA, at its discretion, may not supply the merchandise pending delivery or require the provision of the appropriate guarantees, which will be communicated in a reliable manner.
10.- Transfer of Credits.
Without the express consent of DAHLBERG, SA, the Client may not assign, transmit or transfer to third parties the credit rights they have against DAHLBERG, SA.
11.- Confidentiality.
The Client undertakes to keep secret, and indefinitely, any commercial or business information that, under this contract, has been obtained from or through DAHLBERG, SA and that is considered confidential.
12.- Data protection and storage.
Pursuant to the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPDAT) and Law 34/2002, of July 11, 2002, on company services, information and electronic commerce, it is reported that:
12.1. The Client's data will be part of a file, called CLIENTS, registered with the Spanish Data Protection Agency, property of DAHLBERG SA, with address at Calle Gremi Passamaners 8 nave 12, in the town of Palma de Mallorca (Balearic Islands). The purpose of the file is customer management, budgets, billing and accounting.
12.2. The client may exercise the rights of access, rectification, cancellation and opposition in the terms established in current legislation, notifying DAHLBERG, SA.
12.3. Likewise, and in accordance with the provisions of Law 34/2992, of July 11, on information society services and electronic commerce, the Client expressly accepts the sending by DAHLBERG, SA of advertising communications or promotional messages by email or other equivalent means of electronic communication.
13.- Exports.
The re-export of merchandise outside Spanish territory is subject to the corresponding European, Spanish and United States of America regulations and any other regulations that may be applicable. Re-export will not be appropriate without the appropriate authorizations. In particular, the Client must not violate the so-called “US Export-Administrations Regulations”. The Client undertakes to inform himself and observe the aforementioned regulations as well as any other regulations that may be applicable.
The Client will be responsible to DAHLBERG, SA for the correct fulfillment of said obligation.
14.- Applicable Law.
14.1. These general conditions, as well as any relations between DAHLBERG, SA and the Client, will be governed and subject to the Spanish legal system.
14.2. In the event that one or more provisions of these general conditions are or become void, ineffective or impossible to comply with, they will be automatically replaced by others whose result approximates as closely as possible to the commercial purpose of the replaced stipulation. The validity and effectiveness of the remaining stipulations will remain unaltered.
14.3. Subsidiarily to these general conditions, the Commercial Code, the Civil Code and other applicable laws will apply.
15.- Conditions relating to the technical service of DAHLBERG, SA
15.1. All warranty repairs, extensions and/or repairs of the merchandise delivered by DAHLBERG, SA to the Client must be carried out by the DAHLBERG, SA Technical Service
15.2. All material delivered by the Client to DAHLBERG, SA for repair or expansion will be considered delivered in perfect condition, except as stated by the Client at the time of delivery. The Client may request a review of its status prior to its entry into the workshop. If any material is delivered with defects not expressed by the Client, DAHLBERG, SA will not be responsible for its repair.
15.3. Delivery times will depend on the position on the waiting list, and the correct supply of spare parts by the manufacturers and/or wholesalers, and said delivery time cannot be the reason for a claim. DAHLBERG, SA may report an approximate delivery time or the status of the repair when requested by the Client.
16.- Place of fulfillment of the obligation.
16.1 These general conditions, as well as any relations between DAHLBERG, SA and the Client, will be governed and subject to the Spanish legal system.
16.2 The place of compliance with the obligations derived from these general conditions will be the registered office of DAHLBERG, SA
16.3 Expressly waiving any jurisdictional jurisdiction that may apply to them, the parties submit to the Courts and Tribunals of Palma de Mallorca for the resolution of any contentious issues that affect the interpretation, application and fulfillment of the contracts for the provision of services, sales and supplies concluded between DAHLBERG, SA and its clients and these general conditions.
17.- Returns
Those products purchased by customers that are subject to return, despite their correct functioning, will comply with the following rules:
-Returns will not be accepted if the order has been made especially for the customer, and this has been previously indicated to the customer.
-The packs are indivisible, therefore partial returns are not accepted.
-The acceptance of the return will be subject to prior inspection of the material by qualified personnel of DAHLBERG, SA
-The returned products must be conveniently packaged in their original packaging, without damaging or sealing it, and sent, postage paid, clearly specifying the return number, to the following address:
DAHLBERG, SA
Gremi Passamaners, 8, ship 12
Son Rossinyol industrial estate
07009 Palma de Mallorca, Balearic Islands
-To accept said return, DAHLBERG, SA, reserves the right to apply a reduction in the amount of the payment of 20% on the sales price applied. The product will not be accepted if it shows signs of deterioration or obvious misuse, or if it has lost market value due to the time elapsed, the material will not be credited.
-The refund amount will not be returned to the customer, you can only choose to exchange it for another material or as a payment on account for future operations.
18.- Reception of the merchandise
It is an essential condition that at the time of receipt of the merchandise, any incident that may exist in the state of the packaging is indicated on the delivery note that is signed to the carrier, and it is essential to communicate said incident to Dahlberg, SA within the period of 24 hours from receipt of the merchandise.