1. GENERAL CONDITIONS
These general conditions of sale will be applicable to any order, unless other different ones have been agreed with writing confirmation.
The equipment offered by Powerturbines, hereinafter the Seller, is selected according with the information provided by the Buyer. In the event that the information is not correct, the Seller is not responsible for the problems that it entails.
These conditions will be considered inseparable, and if any of them is invalid for any reason, the rest will remain valid with all their force and effect.
The Seller reserves the right to change these conditions of sale without prior notice.
2. MANUFACTURING PERIOD
The approximate manufacturing period of the product is reflected in the quotations. This period is allways subject to variations caused by force majeure circumstances. The manufacturing period of the equipment will count from the receipt of the payment of the entire order, or the initial payment agreed with writing confirmation.
3. PRICE AND DELIVERY CONDITIONS
All prices must be considered net, in euros and under the Incoterm FCA with delivery in Calle Senija 5, 03206 Elche (Spain), unless otherwise agreed with written confirmation.
In any case, independently from the agreed delivery location, the goods will be transported by risk and expense of the Buyer as if it were a sale under the EXW Incoterm and, consequently, all damages and losses will be at your expense and risk, unless otherwise agreed with written confirmation.
Prices do not include taxes, legalizations, fees, tariffs, insurance, assembly or other additional expenses related with the delivery, which will be assumed by the Buyer, unless otherwise agreed with written confirmation.
Each order will be made by bank transfer for the entire amount of the order before the equipment delivery, unless otherwise agreed.
If deferred payments are agreed, them must be carried out by the Buyer on time even if transportation or delivery is delayed. If the Buyer does not make any of the agreed payment on time, it will automatically cause the expiration of the rest of the payments and the loss of the guarantee of all the equipment supplied.
The Seller will continue to be the owner of all merchandise supplied until its full payment. Once the merchandise is delivered to the Buyer, he will be responsible for the custody and correct conservation of the merchandise.
In case of breach of contractual obligations by the Buyer, especially in delay of payment, the Seller will have the right to withdraw the merchandise.
6. RECEIPT AND ACCEPTANCE OF GOODS
The Buyer will review and carry out the recognition of the merchandise, in terms of quality and quantity of the product, in the same act of delivery. In the event that the Buyer notices a defect, he must notify the Seller immediately and in writing within 24 hours to report any hidden defects or defects. After this period, the Seller will not be responsible for the damages, and the Buyer will lose all action and right to claim for this cause against the Seller.
7. REPAIRMENTS AND RETURNS
Any material that has not been supplied directly by the Seller will not be repaired, and all them must be reflected in the sales invoice or in the order confirmation.
All repair will done made under the following conditions:
- It will be essential to notify the Seller about the situation by sending a signed request.
- The material must be sent by shipping freight prepaid by the Buyer.
- Upon receipt of the material, the Seller will repair it if the equipment is under warranty or will send a quotation to the Buyer with the repair cost in case the equipment would be out of warranty or if the fault has been caused by improper use.
- To proceed with the repair of a product that is not covered by the warranty, the Buyer will have to accept the repair quotation.
The equipment provided by the Seller is custom made according with the information provided by the Buyer, so the return of any material is allowed only in case of manufacturing defects.
Products manufactured by Powerturbines or manufactured by third parties but incorporated into their equipment are covered by a 2-year warranty against manufacturing defects (except batteries that will be one year), counted from the date of receipt of the merchandise by the Buyer.
In any case, any damage or malfunction of the supplied products caused by:
- Accidents outside the Seller control, including damage during transportation.
- Negligent, improper or inappropriate use by the Buyer.
- Not follow the product assembly instructions or installation guides, which will be provided to the Buyer upon request.
- Modifications or repairs not authorized by the Seller.
- Any other event of force majeure provided for in article 1,105 of the Spanish Civil Code.
The warranty rights do not include in any case the assembly or disassembly tasks necessary for the disconnection (electrical or hydraulic) and dismantling of the equipment from the installation, which cost will be assumed by the Buyer.
The Seller reserves the right to supply a different model of the supplied product to meet accepted warranty claims, in case the original model had ceased to be manufactured, providing a new product with equivalent or similar technical characteristics.
9. DATA PROTECTION.
The personal information provided by the Client will be incorporated into a file property of the Seller.
The Seller has different means to inform and advertise its activities. The Seller reserves the right to use images of the products supplied to the Buyer for informative and dissemination purpose on its website and social networks, including images of the equipment installed on the Buyer facilities.
In accordance with European Regulation (EU) 2016/679, if the Buyer does not wish to receive commercial information or if wants to exercise the rights of access, rectification, deletion, limitation, portability and opposition, the Buyer must do it by sending a written request addressed to the Seller social address.
Additionally, if the Buyer does not want to allow the Seller to use images of its facilities for the purpose of dissemination on its website or social networks, it must communicate it to the Seller by email to firstname.lastname@example.org
10. SELLER RESPONSIBILITY
The Seller’s responsibility for any concept directly or indirectly derived from the supply of the product will be limited to the obligations expressed above and, quantitatively, to the price of the product claimed, being expressly excluded any other responsibility for damages, both direct and indirect, emergent or lost profit, to the Buyer or to third parties, such as loss of income or production benefits, interruptions of service, changes in the installation, etc
This relationship Seller-Buyer will be subject to the Spanish law. The parties expressly reject any other forum or jurisdiction to which they may have right. Additionally, Seller and Buyer agree to submit to the Elche courts any difference or dispute arising from the validity, interpretation, compliance or execution of the Sales Terms, as well as the acts or transactions contemplated therein.