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General conditions

1.0 Merchandise offer

1.1 • Every product included in the current catalogue are according to the current rules as regards verification and quality required by the National and European Regulations, within Fricosmos business context.

1.2 • All the range of products that Fricosmos, S.A. has indexed in the current catalogue are within the limits of application of the current General Conditions of Sale.

1.3 • The buyer will place the orders under the terms and conditions expressly published by Fricosmos, S.A. on its website www.fricosmos.com. This catalog may become obsolete at any time, so the current prices will be those shown on the website.

1.4 • Fricosmos, S.A. reserves the right to modify the articles included in the catalog according to the needs of production or the existence in the market of the raw material for their manufacture. For this reason, the images are not contractual.

2.0 Quotations and orders

2.1 • Orders will be effected verbally or in writing, favouring always the possibility of purchasing through the commercial service of Fricosmos, S.A.

2.2 • Once verified the registration of the customer by Fricosmos, S.A., the corresponding letter of conditions will be issued, detailing the commercial conditions that will rule in the future for both parties.

2.3 • The order will be subject to the definite acceptance of Fricosmos, S.A.

2.4 • The validity period for any quotation will be of 30 days from its issue date.

2.5 • All orders with bespoke items (whose fabrication requires any specific characteristics upon request of the buyer), will be obliged to secure 50% of the price in advance by the buyer. In addition, these kinds of orders are not subject to cancellation by the buyer once placed and will be still obliged to pay 100% of the order.

2.6 • The lack of payment by party of the purchaser will entitle Fricosmos, S.A. to dissolve the contract in the terms expressly established in the article 1124 of the Spanish Código Civil.

3.0 Delivery time

3.1 • As the merchandise included in this catalog is subject to a manufacturing process of the product requested by the buyer, the delivery time provided by Fricosmos, S.A. will be approximate or for guidance only, so that the period stated by our agents or by our website will not be considered contractual under any circumstance.

3.2 • Fricosmos, S.A. will inform reliably to the purchaser about the manufacturng procgress of his order in the assembly line in order to avoid delaying a possible harm to the customer.

3.3 • The punctual delivery delay will not cause any penalty or compensation, nor entitle the purchaser to cancel the order, as long as is due the manufacturing process.   

4.0 Merchandise transport

4.1 • The merchandise will ever be shipped ex works except agreement subscribed expressly with every customer, which will be duly reflected in the letter of conditions issued for this purpose.

4.2 • In case that the carriage of the merchandise is paid following the customer instructions or because is so stipulated in the letter of conditions, Fricosmos, S.A. will be exonerated of any possible defect or fault that could be attributed to the transport of the merchandise.

4.3 • In case that the carriage of the merchandise is paid by Fricosmos, S.A., the customer must notify Fricosmos, S.A. in writing and within 24 hours after the reception of the merchandise any defect or fault attributed to the transport agency in order to make easier the responsibility claim in accordance to the regulation 16/1987 of the Spanish Ordenación de los Transportes Terrestres and the RD 1111/1990 by which the regulation of the LOTT is approved.

4.4 • No merchandise returns will be admitted if the defect or fault is attributed to transport agency except in case that the customer complies the following requirement: That he notifies the incidence to Fricosmos, S.A. and/or to the transport agency within 24 hours after the reception of the merchandise or within the period legally determined at the time of the shipment by the Spanish Ley de Ordenación de Transportes Terrestres.

4.5 • The claim against the transport agency for defect or fault must be done at the reception of the goods whenever are apparent damages and within 24 hours after their reception if they are non-apparent. The claim must be done in writing.

4.6 • We do not carry out partial deliveries for any orders placed online through our website www.fricosmos.com.

5.0 Delivery of the merchandise

5.1 • The contractual relationship will be completed once Fricosmos, S.A. delivers the merchandise to the buyer through the means of transport agreed in the letter of conditions and the buyer signs, after verification of the merchandise, the proof of delivery.

5.2 • If the purchaser rejects the reception of the sold goods without a just cause, Fricosmos, S.A. will be entitled to demand the expiration or cancellation of the contract, and the expenses will be charged on the account of the party that would have originated it.

6.0 Prices and way of payment

6.1 • The prices of the products offered by FRICOSMOS, S.A. within the scope of its business activity, are those contained in the existing price list published on our website www.fricosmos.com.

6.2 • The prices included in the catalogue does not include direct or indirect taxes, nor rates or duties.

6.3 • The price-list applicable every year of validity of the published catalogue will be duly notified to Fricosmos, S.A. customers by any means legally authorized.

6.4 • Fricosmos, S.A. will reflect the price of every merchandise sold in the offer quoted to the customer and in the invoice listing the sold products in accordance with the valid price-list.

6.5 • Fricosmos and the customer-purchaser will establish the means of payment for the acquired merchandises in the letter of conditions, and in default, the price will be fully charged once the merchandise at the purchaser disposition.

6.6 • Fricosmos, S.A. reserves the right to rectify the mistakes or material errors which could present the current general conditions of sale.

7.0 Arrears of payment

7.1 • All arrear in payment over the stipulated period will generate the legal currency interest increased in 2 points per month in concept of conventional penalty.

7.2 • All expenses originated in the failure of payment of accounts, bills of exchange, bonds, cheques, as much judicial as out-of-law, including expenses for bank, notary, lawyer, solicitor etc. will be charged to the purchaser party.

8.0 Warranty of the products manufactured by Fricosmos, S.A.

8.1 • All products included in our catalogue are guaranteed for TWO YEARS from the delivery date on.

8.1.1 • The products manufactured by Fricosmos, S.A. that could have suffered any manufacture defect will be repaired or substituted by another of the same characteristics whenever the customer carries out all the requirements clearly detailed below:
1|The customer must advise in writing Fricosmos, S.A. of the existence of a possible defect.
2|The piece to be substituted must be shipped to our firms headquarters for its corresponding inspection.
3|The customer must pay the outward and the backward of the piece that must be repaired or returned.
4|The customer possesses for any product acquired a guarantee effective within Fricosmos, S.A. commercial installations, never assumed outside them.

8.1.2 • Fricosmos Technical Service takes on the responsibility of inspecting the piece or merchandise received from the customer to corroborate the existence of a possible defect of manufacture.

8.1.3 • If the final report of the Technical Service of Fricosmos, S.A. determines the existence of a defect of manufacture, Fricosmos, S.A. will be obliged to substitute or repair the merchandise acquired by the customer, and it will be resent to the delivery note original address without any additional cost, except the transport.

8.1.4 • Pieces or materials will ever be substituted by another of the same characteristics or quality.

8.1.5 • The change or substitution of the defect parts do not include neither installing or labour which must be done by a third party.

8.1.6 • The customer has full right to receive technical information about the report issued by the manufacturer.

8.1.7 • All the consumable products such as fluorescent tubes, bulbs, ozone lamps, etc. are excluded from this warranty.

9.0 Claims

Any eventual claim regarding the state or quantity of the merchandise shall be made in writing, by sending an email to our Assistance Department (assistance@fricosmos.com) within 24 hours from the delivery and in accordance with points 4.3 and 4.4. The delivery note number must be stated to each claim and in case of visible defects or damages of the merchandise received, images and / or videos showing them will be attached.

10.0 Returns of merchandise

10.1 • The return of material must be authorized by our Assistance Department, who will provide to the buyer a case / authorization number to manage the return. The case number must be visible on the returned packages and notified to the transport company. No returns of merchandise will be accepted in our warehouse without this information.

10.2 • Fricosmos, S.A. will not accept under any circumstance the return of used, tested, without protective plastic or custom-made material.

10.3 • The purchaser will take care of all costs of shipping, handling, packaging and insurance to return the goods and will be responsible for claiming any damage or loss that may result from this circumstance.

10.4 • Fricosmos reserves the right to refuse de admission of the returned goods until their inspection for quality and quantity in our facilities in Móstoles.

10.5 • Any return that generates a balance in favor of the customer will be deducted from the next or subsequent purchases.

11.0 Reserve of property

11.1 • The vendor reserves the right of ownership of the purchased goods until the full amount that is owed by the purchaser is paid.

11.2 • The vendor reserves the right to terminate the contract if the purchaser does not comply with all of the General Conditions of Sale mentioned. By virtue of this, Fricosmos, S.A. is entitled to demand the payment, warranties or compensation for damages suitable to their interests.

12.0 Applicable legislation

12.1 • The insertion of the current Sales conditions is in accordance with the Spanish Código Civil and the Código de Comercio, as well as with the regulations 7/1998 from 13th April on the Spanish Condiciones Generales de Contratación and 16/1987 from 30th July on the Ordenación de los Transportes Terrestres.

13.0 Jurisdiction

13.1 • The contract of sale is always understood to be executed in Spain and is governed by the legal norms of Spain in all aspects non covered by the current General Conditions of Sale.

13.2 • Any divergence arising as a consequence of an established contract of sale must be resolved by the Courts and Tribunals of Móstoles (Madrid), to whose jurisdiction both the purchaser and the vendor are expressly subjected, and renouncing expressly to any other which might correspond to them.

13.3 It is expressly agreed that all unpaid accounts or installment payments due will be reclaimed, as well as the executive action arising from them, before the Courts and Tribunals of Móstoles (Madrid) España, even if the address of the acceptor is elsewhere or the place of payments indicated in correspondence is elsewhere.

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