General terms and conditions

General terms and conditions of supply and sale.

DEXIBÉRICA SOLUCIONES INDUSTRIALES, S.A.U.

• 1. Acceptance
  These General Terms and Conditions of Supply and Sale accompany the offer made by DEXIBÉRICA SOLUCIONES INDUSTRIALES, S.A. (hereinafter known as DEXIBÉRICA). By placing the order, the Customer accepts these General Terms and Conditions of Supply and Sale. The Customer’s refusal of these General Terms and Conditions of Supply and Sale must be made in writing and in a reliable manner and, in all cases, before the order is placed.
  The Customer and DEXIBÉRICA may amend these General Terms and Conditions of Supply and Sale by mutual agreement and in writing. However, DEXIBÉRICA may unilaterally amend the offer and the corresponding technical information simply by notifying the customer prior to reception of the order. In this case, the Customer may cancel the order at no extra cost.
• 2. Prices, deliveries and orders
  Except where expressly agreed otherwise, the prices included in the offer accompanying these General Terms and Conditions of Sale are prices from the warehouses of DEXIBÉRICA in Spain. The prices offered do not include the applicable taxes or duties, which shall be payable by the Customer.
  The risks of theft, loss, damage, etc. during transit are the responsibility of the Customer when the Product is delivered to the Customer, or of the agent or carrier appointed, except where otherwise agreed in relation to the delivery conditions. Where the transport is provided by DEXIBÉRICA, it shall comply with the obligation of delivering the goods to the carrier without any type of responsibility from this time, notwithstanding the responsibility of the carrier vis-à-vis the customer for any delay, loss or damage to the goods carried.

  Partial deliveries of the items requested in the order are permitted unless otherwise agreed. There are no minimum order quantities unless otherwise agreed, and these must adapt to the packaging multiples of DEXIBÉRICA.

• 3. Delivery times
  Except where indicated otherwise, the delivery time will be stipulated in the offer made by DEXIBÉRICA. The delivery time for non-standard and/or custom manufactured products by certain suppliers of DEXIBÉRICA shall be included in the offer made and accompanying these General Terms and Conditions of Sale. DEXIBÉRICA shall not be responsible for any delays or failures during delivery due to causes not attributable to its organisations, particularly those attributable to the respective supplier.
• 4. Payment conditions; customer solvency
  Unless agreed otherwise in writing, the payment conditions shall be those stipulated in the offer made by DEXIBÉRICA.
  The Customer guarantees its solvency to DEXIBÉRICA to pay for the goods ordered. DEXIBÉRICA may at any time put an end to its obligations by sending written notification of such if the Customer fails to make the payments within the agreed time. Termination of the obligations of DEXIBÉRICA does not affect the obligations of the Customer regarding payment of the goods delivered or pending delivery.

  In the event of non-payment by the Customer, it shall be responsible for the damages and losses caused and shall pay for all expenses this incurs, including the fees and expenses of lawyers, barristers, etc. regarding any claims and legal action. In addition, in the event of a delay in payment by the customer, a default interest must be paid that consists of the legal interest of money plus the percentage indicated in the offer made by DEXIBÉRICA.

• 5. Delivery, inspection and non-conformity
  The Customer must inspect the goods received at the time of their delivery and, in all cases, prior to delivery to the end user customer. Where the Customer, at the time of delivery, discovers physical damage to the goods or where it does not agree with the order, it must inform DEXIBÉRICA of such in detail and in writing within 7 days as of reception of the goods. Where appropriate, DEXIBÉRICA may repair the goods, replace them or make a refund of the payment made for them, at its own discretion.
• 6. Warranties
  DEXIBÉRICA warranties the products it distributes for the period indicated in the offer and, unless expressly indicated, for one year as of the date of their delivery. The warranty consists exclusively of the free repair or replacement of the products or their components that, due to material defect or manufacturing defect, cannot be served. To make any claim, the products or their components must be sent to the warehouses of DEXIBÉRICA or any other location it indicates so that they can be examined to determine whether the defect or the fault  is covered by the warranty or, where appropriate, for their repair or replacement.
• 7. Returns
  Only returns previously authorised by DEXIBÉRICA shall be accepted. The goods being returned must be in perfect state of repair and in their original packaging. Returns of especially manufactured products shall not be accepted. To process any return, the goods must be sent carriage paid, indicating the delivery note no. and the supply date.
• 8. Liability
  DEXIBÉRICA is under no circumstances liable with regard to the Customer or to third parties for the damages and losses caused by the products sold to the Customer, except for the provisions of law 22/1994 of 6 July on Public Liability for the damages caused by defective products.
• 9. Jurisdiction and applicable law
  These General Terms and Conditions of Sale shall be exclusively governed by Spanish law. The Courts and Tribunals of Zaragoza shall be competent to settle any legal action or dispute arising in relation thereto.