General sales conditions
These sale conditions will be incorporated in every offer and sale, carried out by IBAIONDO in its sales capacity. The conditions suggested by the purchaser in the order or in any other document will only be incorporated into the contract when they are accepted in writing by IBAIONDO.
All the information, measurements, technical details, photographs and so on that are shown in our catalogue and website, are only indicative and can be modified without notice. Please note that in order to accept this information, it must be specifically bound to the referred contract or offer.
Please be informed that if you do not find any other indication within the offer, the validity of this offer is 30 days from the emission date. Industrias IBAIONDO could revoke our offers before the acceptance of the purchaser. Please note that in every price VAT in force at that moment must be charged.
The orders will be placed by e-mail or in our website. The order must mention our exact reference identification number and delivery address. IBAIONDO will not accept responsibility for mistakes caused by wrong identification. For manufacturing of non standard products, order confirmation “RC-458″ must be signed to start production. IBAIONDO will have the right to accept any order within 30 days from its reception.
The term delivery time means the estimated delivery time when goods will be available at our warehouse. Delivery time will be approximate and IBAIONDO will be able to make partial deliveries. If there is not any planning for delivery time, delivery of goods will be carried out according to our manufacturing capacity. If the delay suffered by our customer is more than three months from the estimated delivery time, the purchaser may cancel the order in writing to our office but without the possibility of requiring any compensation for the damages incurred / suffered by the delay or the cancellation of the order.
6.- SCOPE OF SUPPLY
The following remark will be responsibility of IBAIONDO:
• The offered item and the technical documentation legally required or agreed by both parts.
The following point remarks be purchaser’s responsibility::
• The transport of the goods, except if otherwise indicated in the offer.
• The assembling and commissioning except other indication in the offer.
• Cranes and necessary resources for unloading the goods.
• Free access of the truck which transport the items for unloading.
• All the conditions for the installation of the goods.
• In general, everything that it doesn’t appear specifically in the offer.
7.- TRANSPORT AND TRANSMISSION OF THE RISK
Unless otherwise agreed, the sale is carried out under EXWORKS conditions. The risk of transporting or losing the item or any possible damage of the goods during transporting is transferred to the purchaser from the time of the loading at our warehouse. Consequently the items travel under the risk of our customer, whichever transport is chosen. The purchaser must ensure their total conformity with the delivery before accepting it and carrying out the unloading of the goods. In the case of goods suffering any problem during transporting, the purchaser will have to request to the transport company the recognition of the goods and make a report about the problems found.
IBAIONDO’S products, their manufacturing and design achieve all security requirements of pressure equipment directive 14/68/UE.
All products of IBAIONDO Industries will be replaced or repaired free of charge in case of manufacturing defects, during the warranty period established in the offer or, in the absence thereof, in the current catalogues. The general warranty period is two years, except for those products specifically indicated with a longer term. The duration of the warranty period starts from the date of sale of the product by our customer, with a maximum limit of 12 months, counted from the date of delivery of IBAIONDO. For this purpose, the invoice or sales ticket must be provided, showing the particulars of the product claimed (description and serial number). In case the customer does not provide the invoice with the aforementioned requirements, the deadline will start on the date of supply by IBAIONDO.
IBAIONDO is not responsible for the direct or indirect damages caused by a defect of their products and any other claim that it may happen due to this reason unless the law lay out obligatory. When instructions established were followed, IBAIONDO will decide to fix the issue or replace same item without cost. IBAIONDO will be also able to credit item amount to purchaser. Damaged items will be returned to Ibaiondo before the replace of a new one.
10.- PRODUCTS WITH PUNCHES, DENTS, SCRATCHES OR SIMILAR DEFECTS
According to law in reference to carriage of goods by road, the addressee of goods will advise in writing its reserves to forwarder/transport Company by showing claim at the moment of delivery. In case of non-visible failures or faults, reserves must be notified in 7 days from delivery date. When reserves are not notified, it is understood that goods were delivered in proper conditions according to packing list.
11.- AFTER SALES SERVICE
Purchaser must work with IBAIONDO’S technical department in order to find out what the issue is. IBAIONDO will decide if it is necessary to move worker to site. All expenses incurred for interventions in services covered by the warranty or commissioning hired, they will be borne by the purchaser in case workers are not able to carry out works due to causes attributable to the purchaser.
The times established for the payment will not be stopped if the reason of the problem is because IBAIONDO cannot deliver the item on time or finish the starting up of the item properly. Consequently, the pending invoices will be paid in this case since the date where we inform our customer about item availability. The cost of handling and storage will be responsibility of our customer also since that moment. Non the payment at the date limit of this invoices, will cause the suspension of services and supplies.
13.- RESERVE OF IBAIONDO FIELD
IBAIONDO holds the right of ownership of the provided products till the moment that purchaser pay the total amount of the pending invoices. IBAIONDO will have the right to recover the ownership of the products even if we have to recover them from customer’s facilities.