General Conditions of Sale

HomeGeneral Conditions of Sale

General Conditions of Sale

HomeGeneral Conditions of Sale
  1. Object and scope
  • These General Conditions of Sale (hereinafter the “CCGG”) will govern the contractual relations between Industrias Angel Martínez López, S.L. (hereinafter, “La Piña”) and its customers (hereinafter, the “Customer”), derived from the sales of agricultural components that La Piña makes to the Customer for the orders that he places and that La Piña accepts.
  • The customer accepts without reservation the CCGGs when formulating an order for products to La Piña.
  • CCGGs exclude the application of any general conditions of purchase specific to the Customer.
  • Orders for the sale of products shall therefore be governed by the GCC; which will be supplemented, where appropriate, by the particular conditions that may be agreed by La Piña and the Customer. Such particular conditions shall prevail over CCGGs where La Piña has expressly accepted them in writing.
  1. Order Formulation 
  • The Customer will send to La Piña the orders for the products in writing(Dpto. National: galiano@lapina.es,  antonio.palencia@lapina.es; Export Department:  Alejandro.ama@lapina.es;also accepting the generic mail of the company lapina@lapina.es),specifying the type of Products, quantity and date of delivery requested, as well as the reference of La Piña, where applicable. 
  • The order must be expressly accepted in writing by La Piña for the agreement to sell the products to be consideredfirm. Once accepted by La Piña,, the Customer may not make total or partial cancellations of the same,unless he reached an agreement with La Piña under the conditions for the total or partial cancellation of the same. 
  • La Piña has no obligation to accept any order and therefore reserves the right to refuse it, without any liability for it.
  1. Delivery 
  • The Delivery Times for Orders for Products shall be deemed to be fixed on an estimated or approximate basis, and in no case of essential compliance. Therefore, La Piña will not be liable to the Customer for delays in the delivery of the products. 
  • In any case, La Piña will try to fulfill and supply the orders for products within the deadlines agreed with the Customer, provided that their resources and production capacities allow it. Likewise, La Piña may make partial deliveries of the order, each partial delivery accruing the corresponding payment obligation at the Customer’s expense. 
  • Orders that are placed within the national level (Spain), and that are greater than 3,000 kg., will be sent by our ownmeans, leaving the Customer exempt from payment of the freight. For domestic orders not  exceeding this quantity (3,000 kg.), shipments will be made, at the cost due by the Customer,, in the case of being sent by any public  transport,, or through its own means. 
  • La Piña will be responsible for any anomalies that may arise in the transport and at the time of unloading of the goods when orders are processed by our own means. However, where orders are transported by means outside La Piña, the risk and responsibility of the goods shall lie solely with the buyer. 
  • La Piña will deliver theproducts, outside the national level, according to the Incoterms® rules in forceat  all times and agreed with the customer in the Purchase – Sale contract. 
  • Ownership of the Products will be agreed with the Customer in the Purchase – Sale contract. 
  • The Risk, The Responsibility for Transport and Insurance, as well as the point of delivery, isregulated, for orders outside the national level, by the Incoterms®  in  force agreed in the Purchase – Sale contract.  
  1. Compliance and Claims 
  • The Customer’s conformity, as to the quantity delivered of Products in respect of an orderin question, shall be made by signing the corresponding Packing slip at the same time of delivery. If the customer does not make his/her claim about a possible quantity defect at the time of receiving the Products, La Piña assumes no responsibility. 
  • The customer must examine the Products, as soon as possible after receipt, to verify their conformity with the type of Product subject to the order, as well as the absence of apparent or hidden defects in them. In any case, after receipt of the Products, the Customer will have a period of 30 days to claim La Piña for a possible difference in type of the Products delivered with those ordered or for thepresence of a defect in the mimes.. Likewise, under no circumstances will La Piña be obliged to respond to the customer of the sanitation for the defects or hidden defects of the thing sold when they are ignored by it.  
  1. Warranty 
  • Pineapple guarantees the quality of all its products against any defect of material or manufacture. 
  • If any Product of La Piña proves defective, the customer must notify La Piña of the defect as soon as it is noticed, the customer must return it immediately to the factory to be analyzed in their laboratories. Once verified, La Piña will formally communicate its resolution to the customer, by any of the means admitted in If the customer’s claim is justified, La Piña shall have solely and exclusively an obligation to replenish the defective Products with others that replace them, and shall not be liable for any damage or damage that may arise for the customer from the delay or failure to deliver compliant Products, in particular the loss of profit, loss of production or profits, in accordance with the provisions of Condition 7. 
  • Pineapple shall not accept any claims it receives after the deadlines 4.2. 
  • Products that are handled by the customer or modified in their original dimensions to be adapted to the customer’s machines will lose the warranty.  
  1. Price and Terms of Payment 
  • The sales prices of the Products will be those set in the offers and rates of La Piña, communicated to the customer; or under the particular conditions agreed between La Piña and the Customer. The prices reflected in La Tarifa do not include VAT or other taxes that tax the transaction, which must be borne by the buyer. 
  • Pineapple may change the sales prices of the Products at any time. The increase in the sale price will not affect those orders for ongoing pipelines,which have been previously accepted by La Piña. 
  • The Customer will pay the price corresponding to each order of the Products, by bank transfer, direct debit receipts, heel, irrevocable letter of credit, as agreed with La Piña, within 30 days, from the date of the invoice to be issued to him By La Piña. 
  • In case of total or partial non-payment of the price of any order for Products, at the expiration date, in application of Law 3/2004 of December 29, Article 5, the import and expiration and unpaidwill accrue the corresponding interest of delay without the need for notice of expiration or intimidation by La Piña, in addition to being at the Customer’saccount the return costs that may be incurred by La Piña. In addition, La Piña shall be entitled to suspend or cancel outstanding deliveries of Products to the Customer, as long as the order for which payment is due and enforceable is not paid, or to require the advance payment of any new order. 
  • La Piña reserves the right to set a credit limit for each customer and to make deliveries subject to this limit and/or the presentation of a sufficient payment guarantee. In case of delay or incident of payment, La Piña may proceed to the recovery of the outstanding goods and / or the initiation of legal actions that assist it. La Piña reserves the right to claim the costs referred for a preliminary ruling, especially the costs of requirements and costs of lawyers. 
  • La Piña reserves the right to full ownership of the Products sold until the full and effective payment by the Customer of the price and invoiced amounts. Consequently, until full payment of the invoiced amounts is made, the Customer will be a mere depositary of the Products, without this being exempt from the liability regime arising from the delivery and transfer of possession.  
  1. Responsibility 
  • The customer is solely responsible for the choice of the Product that is the subject of the sale, which he declares to know,as well as the use or function to whichit is disclosed. Therefore, La Piña is not responsible or guarantees that the Product is suitable for the technical applications intended by the Customer, nor to achieve, in whole or in part, the objectives envisaged by the Customer to make his purchase of the Products. In this sense, the customer will not be entitled to return the Products and claim the price paid. The advice of La Piña does not relieve the customer of his obligation to test the product supplied to determine its suitability for the processes and uses to which it is intended. 
  • La Piña’s liability for damages caused by defects in the Products is excluded, except where expressly required to do so under applicable mandatory law. Likewise, La Piña shall not be liable for incidental, indirect or consequential loss or damage, loss of profit, loss of production or profits, risks of development of the Products. 
  • The customer shall be solely responsible, exonerating La Piña, for damages arising against its own employees or third parties for improper use, storage, preservation, handling or processing of the Products; in particular, on a non-limited nature, where it has not observed the indications, warnings or instructions that La Piña has been able to provide in this regard. 
  • The Customer shall hold La Piña liable for any claims, damages and/or damages arising, directly or indirectly, from the breach of the obligations assumed by the former under his contractual relationship.  
  1. Force Majeure 
  • La Piña shall not be liable for non-compliance or delay in fulfilling its obligations to the Customer, if it is motivated by any reasons of fortuitous case or force majeure affecting both La Piña and its suppliers or carriers, including strike cases, other labor or industrial contingencies, lack or inability to obtain raw materials. In short, any situation or event that was inevitable or impossible to foresee.
  1. Applicable Law and Competent Jurisdiction 
  • The contractual relations between La Piña and the Customer, the subject of these GGGCs, shall be governed only by Spanish law, to the exclusion of the 1980 Vienna Convention on the Purchase of International Sale of Goods. 
  • For the resolution of all disputed matters arising from the contractual relationships subject to the CCGG, La Piña and the Client submit, expressly waiving any other jurisdiction that may correspond to them, to the exclusive jurisdiction of the Courts of the city of Albacete. However, in the event of non-compliance by the Customer with any payment obligations arising from these GGG, La Piña may alternatively choose to bring its legal action before the Courts of the place where the customer’s domicile is located.