GENERAL TERMS OF SALE
1.- Standard terms and conditions: Any contract of sale with LIDERING is subject to the following terms of sale, which are not to be amended unless previously agreed to in writing by LIDERING.
2.- Purchase orders: No purchase order from our Customers, placed either directly or through our agents, will be binding for LIDERING unless it is confirmed in writing. Any purchase order must entail an invoice of at least 100 €, excluding VAT.
3.- Delivery: The delivery dates are for guidance only. The Customer hereby agrees to have part consignments of goods sent to him when the circumstances so require. In case of unexpected circumstances LIDERING has the right to suspend the delivery, and reserves the right to group deliveries of individual items’ orders, and to tender for delivery within 10%, more or less, of each order depending on the existing stock. Should the Customer fall into arrears with his payments, or cease to carry on his business, LIDERING will be entitled to cancel any pending orders, freeze the account and suspend consignments.
4.- Carriage: All goods are sent freight forward and at the Customer’s risk. Any damage that the goods may suffer in the course of transit will be borne by the Customer, who, on taking delivery of the goods must state on the delivery note any external or visible defect. Those goods that are to be delivered to the Customer within LIDERING’s premises are to be claimed within 7 days of being in a deliverable state. LIDERING may pass storage costs on to the Customer in case the goods are not collected within the said period of time. If the Customer does not collect the goods in 30 days time LIDERING shall be entitled either to the performance of the contract or to the contract being discharged.
5.- Price: The price amounts are net (they do not include taxes, carriage, certificates of quality, or charges for other reasons).
6.- Invoicing: Unless otherwise agreed LIDERING shall invoice each order separately, and shall issue the invoice within 15 days after the delivery note. The amounts of the invoices are not to be negotiated, and shall have no discount, unless it has been agreed in writing with the Customer.
7.- Payment: Any order to a value under 100 € is to be paid for cash down, cash on delivery, or by credit card. Payments over 100 € can be made either by bank transfer to LIDERING’s bank account or by standing order, and are to be settled within 30 days after the day the invoice has been issued. All bank charges arising from any default will be passed on to the Customer.
8.- Sales returns: LIDERING does not accept any sales returns once the products have been delivered to its Customers, or have been put into a deliverable state. By way of exception it may accept sales returns of standard products if the general terms are complied with. LIDERING reserves the right not to accept any sales return especially if its bad condition has been caused by faulty storage, care and custody, carriage or handling.
In no case whatsoever will sales returns of special manufactures, mechanized items, or non standard products be admitted.
9.- Liability: Any claim must be made in writing to LIDERING within 30 days after the day on which the product has been delivered. In order to be admitted the claim requires the approval of the Quality Assurance Department. The warranty for any manufacturing defect is limited to the replacement of the faulty product by a similar one. The risks in the goods pass to the Customer from the moment of delivery, notwithstanding that it will be deemed that the Customer does not have full property in the products until he has paid the total price. The contents of LIDERING’s catalogues (technical specifications, pictures, etc.) are for guidance, and do not imply any commitment to or contract with the Customer.
10.- Discharge of contract: In case the Customer defaults on payment of LIDERING’s invoices, or fails to perform his obligations, LIDERING after sending a written notice, 3 days in advance, will be entitled either to demand performance as well as payment of the sums owing, plus default interests, outstanding banking and administrative charges, or deem the contract discharged and demand the return of the goods, the carriage rates being paid by the Customer, plus compensation for damages.
11.- Jurisdiction: Any controversy or dispute that might arise when fulfilling the present terms and conditions will be subject to the jurisdiction of the Courts and Tribunals of the city ofBarcelona (Spain).