Our offers and sales are subject to the general conditions of sale described below. The acceptance of the merchandise without immediate rejection by the buyer will suppose the approval of these General Conditions of sale and its modification will only be valid if the conformity of Aceros y Suministros S.L. is in writing.
1- VALIDITY OF BIDS:
The period of validity of our offers will be the one that appears in the same or in its absence 30 days.
2- DELIVERY TIMES:
The deadlines indicated in our offers are approximate and are established within the manufacturing possibilities. Delay in delivery shall not give rise to claims for damages or the application of penalties, unless these have been expressly agreed and accepted by us in writing.
3- FORCE MAJEURE:
Neither party shall be deemed to be in breach of the sales contract in cases of Force Majeure. For this purpose, Force Majeure is defined as any circumstance which the party affected by such Force Majeure could not and could not reasonably have foreseen and which could not reasonably have been prevented and which hinders the timely performance of the obligations of one of the Parties. Examples of Force Majeure are war, civil disturbance, revolution, terrorism, boycott, governmental acts, failure to grant export or re-export licenses, strike, fire, explosion, natural disasters, including but not limited to floods, earthquakes, typhoons, etc. In the event of Force Majeure preventing either party from fulfilling its contractual obligations, said parties shall immediately notify the other of the nature of the Force Majeure and its possible duration. In case of Force Majeure, the contractual schedule will be extended accordingly. In a case of Force Majeure extending over a period of more than 60 days, the parties will discuss possible solutions and course of action. If the parties do not reach an agreement on the procedure to be followed for the performance of the order within a further 30 days, either party may terminate this contract.
The material always travels at the buyer’s risk. It is up to the addressee to claim to the carrier any difference in weight or damage, not being Aceros y Suministros S.L. responsible for the eventual faults of any kind that occur after the delivery of the goods to the first carrier. The weight valid for invoicing purposes is always the weight established in our offices and warehouses, our scales are rigorously checked and controlled.
In the case of castings, steels, bars or forgings, they shall be shipped without packing, unless otherwise ordered; machined parts and mechanical constructions in general shall be packed according to custom, and packing shall be charged at cost price.
6- CANCELLATIONS OR ALTERATIONS OF ORDERS:
The customer may not cancel or modify his order after seven days have elapsed since our confirmation of the order, when the partial or total shipment of the corresponding materials has been made, or when, in the case of special materials, their manufacture has begun. Except if you pay the costs incurred up to the time of cancellation or modification.
7- PLANS AND MODELS:
All documents pertaining to the offer and order (drawings, plans and models) are approximate, unless we qualify, in writing, as definitive, and we may change them without prior notice. It is strictly forbidden to make our models and drawings available to third parties without our express written authorization.
8- CONFIDENTIALITY AND COPYRIGHT OF DRAWINGS AND SOFTWARE:
The customer undertakes to maintain confidentiality and not to disclose to third parties any information transmitted in connection with the eventual order and not to use for purposes other than the installation, operation and maintenance of parts and equipment.
All materials are guaranteed against any manufacturing defect, when they are used in the proper conditions for the work for which they have been manufactured and according to the indications given for their use. Our guarantee and responsibility will cease when, without previous authorization, personnel not authorized by Aceros y Suministros S.L. intervene in its reform or repair.
Any returns of materials delivered for possible manufacturing defects will only be accepted within 30 days of delivery or at the time of detection if the effects are internal. In this case, the original material must be sent to us for the determination of its origin and analysis, if applicable, by an Official Organization or Laboratory. In the event that the claim is not confirmed by the Official Body, the costs will be borne by the customer. In the event that the claim is accepted, our liability will be limited to the replacement of the defective part free of charge.
11- LIMITATION OF LIABILITIES:
In no event, whether as a result of breach of order, warranty, performance guarantees, tort (including negligence), strict liability or otherwise, shall the aggregate liability of Aceros y Suministros S.L. to or its insurers for any penalties and any other damages or losses, as well as any other obligation of Aceros y Suministros S.L. causing any other expenses, arising out of or in connection with, or resulting from the order, the performance or non-performance thereof by Aceros y Suministros S.L. or any item of equipment or services provided hereunder by Aceros y Suministros S.L., shall exceed 10% (ten percent) of the total order price. In no event, whether as a result of breach of contract, warranty, performance bonds, tort (including negligence), strict liability or otherwise, shall Aceros y Suministros S.L. be liable for any loss of profits, loss of production and loss of contracts, as well as for any indirect, incidental, special, causal or consequential damages. The maximum global liability of Aceros y Suministros S.L. for penalties will be limited to 5% of the total price of the contract, constituting final settlement of the liability derived from a delay.
12- TESTS AND TRIALS:
The customer shall be entitled to have any special tests and trials requested by him, at his own expense, provided that he states this in writing when placing the order.
Payments shall be made in accordance with the conditions established, failing which payment shall be understood to be in cash. The lack of payment on the agreed date or dates, will entitle Aceros y Suministros S.L. not to issue the rest of the order or orders that are pending and to demand the immediate payment of the uncollected amounts or to resolve the sale with restitution of the sold material, without prejudice to exercise other actions that we consider appropriate for the collection of the supplies made.
14- RESERVATION OF TITLE:
The materials supplied will remain the property of Aceros y Suministros S.L. until they are fully paid for.
Any matter relating to the sale, its interpretation, fulfillment or execution, may originate is attributed to the knowledge and decision of the Judges and Courts of Bilbao, to which the parties submit themselves with express waiver of any other jurisdiction.